We don't know whether the most recent response to this request contains information or not – if you are Ellis Evans please sign in and let everyone know.

Dear Hackney Borough Council,

Freedom of Information Act 2000: Request for Information

Please provide copies of the following electronically:

A copy of the Councils latest legal framework or strategy i.e. setting out how the Council's legal function/department is established/works/ including when external legal firms are utilised;

A copy of the latest business plan for the Council's legal department;

A copy of the Council's procedure rules/protocol i.e. for use of the Council's legal department by other departments in the Council and when external legal representation (law firms and barristers) may be used;

I look forward to hearing from you within the statutory time limit.

Yours faithfully,

Ellis Evans

hackney@infreemation.co.uk, Hackney Borough Council

Dear Ellis Evans

We acknowledge receipt of your email to Hackney:

Freedom of Information request - Legal Services

If you have submitted a request under the Freedom of Information Act
(FOIA) or the Environmental Information Regulations (EIR), we will aim to
respond within the statutory timescale of 20 working days. If you have
submitted a Subject Access Request your request will be considered and you
will receive our response within the statutory timescale of one calendar
month.

The reference number for your email is FOI-3390.

Should you have any further inquiries concerning this matter, please reply
to this email leaving the subject line unchanged.

Yours sincerely,
Hackney Council

hackney@infreemation.co.uk, Hackney Borough Council

2 Attachments

Dear Ellis Evans

 

Re: Freedom of Information Request.

Thank you for your request for information under the Freedom of
Information Act 2000.  We would like to offer our sincere apologies for
the delay in responding to your enquiry. Your request has been considered
and our response is in bold below.

 

You requested the following: 

Please provide copies of the following electronically:
1. A copy of the Councils latest legal framework or strategy i.e. setting
out how the Council''s legal function/department is established/works/
including when external legal firms are utilised;
2. A copy of the latest business plan for the Council''s legal department;
3. A copy of the Council''s procedure rules/protocol i.e. for use of the
Council''s legal department by other departments in the Council and when
external legal representation (law firms and barristers) may be used;

 

The Council’s Response

1. A copy of the Councils latest legal framework or strategy i.e. setting
out how the Council''s legal function/department is established/works/
including when external legal firms are utilised;

Our legal framework and structure is contained within our 2018-2019
business plan, both of which you will find attached

2. A copy of the latest business plan for the Council''s legal department;

The information you have requested is exempt by virtue of Section 22(a) of
the Freedom of Information Act. 

Section 22 (1a) states that information is exempt if the information is
held by the public authority with a view to its publication, by the
authority or any other person, at some future date (whether determined or
not).

The latest 2019-2020 business plan is currently in draft form and has not
been finalised, and is withheld pursuant to Section 22 FOIA.

Maintaining the Exemption

* Premature disclosure would result in partial or inaccurate information
being released before document (i.e. the Business Plan) is completed
* The release of this information may pre-empt or prejudice a decision
that should be made by Senior Management

â Releasing the information

* Releasing this information would improve transparency in decision
making

â It is considered that the public interest in withholding the
information outweighs the public interest in disclosing it.

 

3. A copy of the Council''s procedure rules/protocol i.e. for use of the
Council''s legal department by other departments in the Council and when
external legal representation (law firms and barristers) may be used;

The Council has considered your request under S40(2) Personal Information
of the FOI Act 2000.  This is because the information you have requested 
includes personal data of a 3rd Party.  Under the Data Protection Act 2018
(DPA), personal data includes any information that can identify, or,
together with other information, can identify a ‘living individual’. The
Council has to consider whether disclosure of the information would comply
with any of the data protection principles set out in the DPA, as well as
whether disclosure would contravene Article 21 of the GDPR (general
processing: right to object to processing).  In this case the Council is
unsatisfied that disclosure would be fair and lawful.

The Legal Services’ Office Manual details the procedures to be followed
for lawyers to instruct external law firms and counsel. Some personally
identifiable information has been withheld on the basis of Section 40(2)
FOIA

As such the Council considers S40(2) Personal Information of the FoI Act
2000 to be engaged.

 

Appeals & Complaints Procedure

If you are dissatisfied with this response and wish to appeal, please
write to the Information Management Team and this will be dealt with
through our Internal Review procedure.

Information Management Team - Governance

London Borough of Hackney

Hackney Service Centre

1 Hillman Street

London E8 1DY

[1][Hackney Borough Council request email]

 

Your request for an internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request received
after this time will only be considered at the discretion of the Council.

 

If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner at the contact details
provided below.

 

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 

Telephone: 01625 545 700

[2]www.ico.org.uk

 

Yours sincerely

 

Information Management Team

ICT Services
London Borough of Hackney 

 

 

References

Visible links
1. mailto:[Hackney Borough Council request email]
2. http://www.ico.cgov.uk/

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