letter dated 15 April 2015 From your solicitors Brett Wilson

tomcullen made this Freedom of Information request to Hertsmere Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Hertsmere Borough Council,
Under Freedom of legislation please let me have the following information if it is recorded
I have received what I consider to be a very threatening letter from your solicitors Bret Wilson dated the 15 April 2015
In this letter they have have asked me to give an undertaking that I will sign a document that includes the following
{a] That I will not make a request for information under FOI legislation or make a subject access under the Data Protection Act 1998 if the subject matter of any such request includes the following
[1] TPO order no 1/2012 [including how such order came to be made or confirmed by the council ,or who compiled or made entries in the register maintained by the council relating to applications to carry out works to trees protected by tree preservations orders

[2] The audit commissioned by the council and carried out by the Shared Internal Audit Service {SIAS] relating to the procedures adopted by the council for making TPOs [including how such audit was commissioned and PAID for or who read or approved [or disapproved of the report produced by SIAS ] OR

[3] the attendance of Councillor Morris Bright at meetings of the planning committee
[including who compiled or recorded any information relating to such attendances

Your Solicitor has also informed me that if I did not sign by 4.30pm on the 22.April 2015 that court action would proceed

Obviously I have not signed this letter as it would deny me the right of investigating what I consider to be misappropriation of Hertsmere taxpayers money and also what I believe to be dishonesty by Hertsmere Borough Council in their FOI replies including replies to questions at full council by Councillor Morris Bright

Please let me have all the recorded information that you have on
[a] Who requested that this letter and e-mails be sent to my home address
[b] Who advised and agreed on the contents of the letter and e-mails sent to my home
[c] How much did they charge Hertsmere BC for their services
[d] When do Hertsmere BC intend to take me to court if at all
[e] If not why waste more taxpayers money employing solicitors to threaten residents
[f] Please let me have all the recorded information you hold on your on correspondence or meetings with this firm of solicitors

Yours faithfully,

tomcullen

Harvey Patterson, Hertsmere Borough Council

Dear Mr Cullen

 

Please find below my reply of even date to your FOIA request concerning
the above.

 

Your sincerely

 

 

Harvey Patterson

Head of Legal  & Democratic Services 

Hertsmere Borough Council

DD: 0208 207 7472

email: [email address]

 

From: Harvey Patterson
Sent: 08 June 2015 13:37
To: 'tomcullen '
Cc: foi
Subject: RE: Freedom of Information request - letter dated 15 April 2015
From your solicitors Brett Wilson

 

Dear Mr Cullen

 

I refer to you request of 6 May 2015 received by the Council on 7 May 
2015.

 

I will respond to your requests in the order raised  by you.

 

[a].Who requested that this letter and e-mails be sent to my home address

 

The decision that  our external solicitors should write to you was taken
by the  Council’s Chief Officer Board.      

 

[b] Who advised and agreed  on the contents of the letter and e-mails sent
to my home

 

Messrs Brett Wilson are the Council’s legal advisors in relation to  this
matter and drafted the letter you refer to, which I approved.

 

[c] How much did they charge Hertsmere BC for their services

 

The Council confirms that it holds information relevant to your request. 
However  the Council  declines to provided that information to you as 
details of all  payments  made to suppliers over £500 are already 
published on a monthly basis on  the  Council’s web-site - 
[1]www.hertsmere.gov.uk    In this regard, Section 21  of the Freedom of
Information  Act 2000  entitles the  Council to decline to supply
information that is  reasonably accessible to the requestor  by other
means -  in this  case from  a search the Council’s web site.

 

[d] When do Hertsmere BC intend to take me to court if at all

 

The Council hold no recorded information relevant to this request.

 

[e] If not why waste more taxpayers money employing solicitors to threaten
residents

 

This is a statement,  not  a request  for information.

 

[f] Please let me have all the recorded information you hold on your on
correspondence or meetings  with this firm of solicitors

 

The Council confirms that it holds information relevant to your request. 
However  the Council  declines to provided that information to you as 
communications between the Council and its external solicitors are 
protected by legal professional privilege - in this case both advice
privilege and litigation privilege. Section 42 (1) of the Freedom of
Information Act 2000 enables the Council to withhold such information
provided the public interest in doing so outweighs any public interest in
publication. There is a substantial public interest in maintaining  the
confidentiality of communications between a solicitor and his client and
of the ability of public bodies to obtain legal advice in  confidence, 
which in my opinion substantially outweighs any public interest  in the
publication of the requested information, such as aiding  public
understanding  in how pubic bodies take decisions .

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: Information Services,
Hertsmere Borough Council, Civic Offices, Elstree Way, Borehamwood, Herts 
WD6 5WA,  or  send an email to  [2][Hertsmere Borough Council request email]   If you are not
content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Further
information about this procedure is available from the Information
Commissioner’s web site – [3]www.ico.gov.uk.

 

Yours sincerely     

 

 

 

 

Harvey Patterson

Head of Legal  & Democratic Services 

Hertsmere Borough Council

DD: 0208 207 7472

email: [4][email address]

 

show quoted sections