Dear City of York Council,

I understand that every planning appeal decision is sent in full without summary or lessons learned to all Councillors.

There are arguably some more important decisions made from appeals to the ICO and LGO. Each one of these will also provide lessons for Members and Officers.

Please can you provide the recorded policy or decision record from each of these three oversight bodies. Please provide the exact process both at individual Councillor level and at committee level for individual decisions as well as summaries.

Planning
LGO
ICO

Where is it published in the public domain and what process is followed for each of these three bodies?

Yours faithfully,

Michael Hammill

foi@york.gov.uk, City of York Council

Thank you for your email. Please note this is an automatically generated receipt to let you know we have received your email.

For information:

* The timescale for responding to Freedom of Information Act (FOIA) and Environmental Information Regulation (EIR) requests is up to 20 working days. We will contact you promptly if we need you to clarify your request or an extension to complete a public interest test.

o The timescale for responding to requests for a review, for FOIA or EIR responses, is up to 20 working days. You are also able to contact the Information Commissioner, contact details below:

* The timescale for responding to your rights in relation to personal data eg: subject access to records (SAR) request, is up to 1 month. We will contact you promptly if we require further information from you, or an extension.

o The timescale for responding to requests for a review, of responses to your rights regarding personal data, is up to 1 month. You are also able to contact the Information Commissioner, contact details below:

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
Or email: [email address]<mailto:[email address]> (please include your telephone number in your email)

Regards
Customer Feedback Team

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Dear City of York Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of City of York Council's handling of my FOI request 'Lessons Learnt' since you have not responded in the statutory timescale.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

Michael Hammill

foi@york.gov.uk, City of York Council

Thank you for your email. Please note this is an automatically generated receipt to let you know we have received your email.

For information:

* The timescale for responding to Freedom of Information Act (FOIA) and Environmental Information Regulation (EIR) requests is up to 20 working days. We will contact you promptly if we need you to clarify your request or an extension to complete a public interest test.

o The timescale for responding to requests for a review, for FOIA or EIR responses, is up to 20 working days. You are also able to contact the Information Commissioner, contact details below:

* The timescale for responding to your rights in relation to personal data eg: subject access to records (SAR) request, is up to 1 month. We will contact you promptly if we require further information from you, or an extension.

o The timescale for responding to requests for a review, of responses to your rights regarding personal data, is up to 1 month. You are also able to contact the Information Commissioner, contact details below:

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
Or email: [email address]<mailto:[email address]> (please include your telephone number in your email)

Regards
Customer Feedback Team

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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foi@york.gov.uk, City of York Council

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Dear Mr Hammill,
 
Thank you for your correspondence about the way the Council is dealing
with your information request.  You are concerned that the Council has not
responded to your request within the statutory time scale.
 
On review, it appears that the Council has not provided you with a
response with the statutory time scale.  I apologise for this.
 
I have now asked the service area to respond to your request as a matter
of priority and within the next 20 working days, at the latest.
 
The Council has a robust monitoring system in place to help ensure time
scales are met.  Council Officers also work hard to ensure the Council
meets statutory obligations.  Unfortunately, on limited occasions, meeting
timescales is not possible.  When this happens, late responses are logged,
reported on,   and feed into performance reviews, which allow us to take
steps, where necessary, to improve our processes.
 
Once again, I apologise for the delay. 
 
If you remain dissatisfied you can now contact the Information
Commissioner, contact details below:
Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number
Fax: 01625 524 510
Or email: [1][email address] (please include your telephone number)
 
Regards
 
City of York Council  | Information Governance, Complaints and Feedback
Team
West Offices | Station Rise | York YO1 6GA
[2]www.york.gov.uk | [3]facebook.com/cityofyork | [4]@CityofYork
 
 
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Dear [email address],

When will you undertake this intenal review please?

Yours sincerely,

Michael Hammill

foi@york.gov.uk, City of York Council

Thank you for your email. Please note this is an automatically generated receipt to let you know we have received your email.

For information:

* The timescale for responding to Freedom of Information Act (FOIA) and Environmental Information Regulation (EIR) requests is up to 20 working days. We will contact you promptly if we need you to clarify your request or an extension to complete a public interest test.

o The timescale for responding to requests for a review, for FOIA or EIR responses, is up to 20 working days. You are also able to contact the Information Commissioner, contact details below:

* The timescale for responding to your rights in relation to personal data eg: subject access to records (SAR) request, is up to 1 month. We will contact you promptly if we require further information from you, or an extension.

o The timescale for responding to requests for a review, of responses to your rights regarding personal data, is up to 1 month. You are also able to contact the Information Commissioner, contact details below:

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
Or email: [email address]<mailto:[email address]> (please include your telephone number in your email)

Regards
Customer Feedback Team

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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foi@york.gov.uk, City of York Council

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Dear Mr Hammill,
 
Following your request dated the 9^th August 2019, I have now completed a
review of your request under the Freedom of Information Act (FOIA).
 
My understanding of your concerns are:
 

* The council has still not provided a response to your request for
recorded information within the statutory timescale.

 
Review
 
I shall review your concerns in turn:
 

* The council has still not provided a response to your request for
recorded information within the statutory timescale.

 
I can clearly see that the council has not provided you with a response to
your request dated the 9^th August. Please accept the council sincere
apology for the delay is responding to you.
 
I have provided you with a response as part of this email, see insert
below for response.
 
Therefore this review is upheld.
 
 
Response
 
Our understanding of your request is:
 
Please can you provide the recorded policy or decision record from each of
these three oversight bodies. Please provide the exact process both at
individual Councillor level and at committee level for individual
decisions as well as summaries.

* Planning
* LGO
* ICO

 
I can confirm that we hold this information.  However, this information is
exempt from disclosure under section 21 of the FOIA as it is considered
reasonably accessible to you by other means as they are all publically
available on the councils website.
 

* Planning

You can locate the Planning information at:
[1]https://democracy.york.gov.uk/mgListComm...
If you scroll down to the bottom half of the webpage you will find a list
of links for planning, where meeting minutes can be view etc.

* LGO

You can locate the Local Government & Social Care Ombudsman (LGSCO)
information at: [2]https://www.lgo.org.uk/decisions
From the link above you will be able to browse and search all the LGSCO
decision notices.

* ICO

You can locate the Information Commissioner Office (ICO) information at:
[3]https://icosearch.ico.org.uk/s/search.ht...
From this link above you will be able to use the filters on the left hand
side to browse and search all the ICO decision notices.
 
Conclusions
 
The council acknowledges that there has been lengthy delays providing a
response to you, again I would like to apologise for this.
 
If you are dissatisfied with our response you have the right to ask for a
review of how your enquiry was handled and responded to. This can be done
by contacting us through [4][City of York Council request email] within 40 working days of
receiving your response, stating your reason(s) why you are dissatisfied.
If you remain dissatisfied after receiving the review response you can
contact the Information Commissioner, contact details below:
Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number
Fax: 01625 524 510
Or email: [5][email address] (please include your telephone number)
 
Yours sincerely
 
t: 01904 554145 | e: [6][City of York Council request email]
 
City of York Council  | Information Governance, Complaints and Feedback
Team
West Offices | Station Rise | York YO1 6GA
[7]www.york.gov.uk | [8]facebook.com/cityofyork | [9]@CityofYork
 
 
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foi@york.gov.uk, City of York Council

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Dear Mr Hammill
 
Following your request dated the 13^th December 2019 I have now completed
a review of the response to your request under the Freedom of Information
Act (FOIA).
 
My understanding of your concerns about your response is:
 
1                 Your links to various websites is not precise and
helpful and the information should be clearly made accessible.
2                 You have not provided the recorded policy from each of
the three oversight bodies.
3                 You have not provided the information requested as to
the exact process both at individual Councillor level and at committee
level for individual decisions as well as summaries.
 
 
Review
 
I shall review your concerns in turn:
 
1 In our response we explained that the requested information was exempt
under section 21 of the freedom of information act as the information is
already publically available. Links were provided along with further
advice on how to locate it.
 
Please also find attached a link to the online Planning Portal where you
can search for appeals etc
[1]https://planningaccess.york.gov.uk/onlin...
 
This part of your complaint in Not Upheld
 
2/3 You have asked for the recorded policy or decision record for LGO and
ICO and the process at both Councillor Level and Committee Level for
individual decisions as well as summaries.
 
I am unsure what is meant by exact processes at individual and committee
level but decisions with summaries are provided through A & G. Please find
attached a link to the A & G Committee, you can search through minutes to
find
reports[2]https://democracy.york.gov.uk/mgCommitte...
 
The council also report LGO decisions and summaries to scrutiny, Mazars
and executive on case by case basis. There is no written policy at
committee level and Councillor level but the procedures comply with
legislation.
 
In our original response we did not provide a response to points 2 and 3
therefore this part of your complaint is Upheld.
 
I apologise for the delay in responding and if I have misunderstood your
request please let me know.
 
If you remain dissatisfied you can now contact the Information
Commissioner, contact details below:
Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number
Fax: 01625 524 510
Or email: [3][email address] (please include your telephone number)
 
Yours sincerely
 
 
City of York Council  | Complaints Team, Customer & Business Support
Services
West Offices | Station Rise | York YO1 6GA
[4]www.york.gov.uk | [5]facebook.com/cityofyork | [6]@CityofYork
 
 
 
 
 
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Help protect the environment! - please don't print this email unless you
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