LFB Fire Assessment of Greenwich Square

The request was refused by Greenwich Borough Council.

Dear Greenwich Borough Council,

Following recent correspondence from the council advising that my residential property (which is own by a public body and part of a multi-storey complex) has not passed a recent LFB fire safety assessment, I am requesting the following:

1) A copy of the report on the inspection of Greenwich Square (also known as Lambarde Square) which was carried out on the 6th of March and furnished to the council thereafter.

2) All communications & documentation passed between staff/members of the Royal Borough of Greenwich Council and Mace / Hadley Mace regarding the fire safety of the complex since the 14th of June 2017.

3) All communications and documentation passed between staff/members of Royal Borough of Greenwich Council and L&Q regarding the fire safety of the complex since the 14th of June 2017.

Many thanks for your assistance.

Yours faithfully,
K. Conway

foi, Greenwich Borough Council

Dear Sir/Madam

Thank you for your Freedom of Information request dated March 13, 2018

Based on the information you have provided, we have considered your request to be invalid because you have not provided us with enough of your real name in order to give us a reasonable indication of your identity. In order for a Freedom of Information Act request to be considered, the request must be in writing, state the name of the applicant, give an address for correspondence and outline the information requested. If you provide us with your full name, we will consider your request in accordance with the Act.

If you have any queries about this request, please contact me.

Yours sincerely,
Jackie Jago
Head of Corporate Services
Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20, Basement, Town Hall, Wellington Street, Woolwich, London SE18 6PW
www.royalgreenwich.gov.uk

 Please consider the environment before printing this email

show quoted sections

Dear Jackie,

My full name is Katriona Conway, and as per my request, I am a resident of Greenwich Square.
My address for correspondence is [email address].

I believe you now have the sufficient information to proceed with my request.

Yours sincerely,

Katriona Conway

foi, Greenwich Borough Council

Dear Ms Conway

Thank you for your response dated March 13, 2018.

Your request will now be considered under the Freedom of Information Act 2000. Confirmation will be sent shortly.

Yours sincerely,
Jackie Jago
Head of Corporate Services
Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20, Basement, Town Hall, Wellington Street, Woolwich, London SE18 6PW
www.royalgreenwich.gov.uk

 Please consider the environment before printing this email

show quoted sections

foi, Greenwich Borough Council

Dear Ms Conway

Freedom of Information request: FOI-12600

Thank you for your request dated March 13, 2018

Your request will be answered by April 12, 2018

If you have any queries about this request, please contact me, quoting the reference number above.

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

show quoted sections

foi, Greenwich Borough Council

Dear Ms Conway

Freedom of Information request: FOI-12600

Thank you for your request dated 13th March 2018 in which you ask:

Following recent correspondence from the council advising that my residential property (which is own by a public body and part of a multi-storey complex) has not passed a recent LFB fire safety assessment, I am requesting the following:

1) A copy of the report on the inspection of Greenwich Square (also known as Lambarde Square) which was carried out on the 6th of March and furnished to the Council thereafter.

2) All communications and documentation passed between staff/members of the Royal Borough of Greenwich Council and Mace / Hadley Mace regarding the fire safety of the complex since the 14th of June 2017.

3) All communications and documentation passed between staff/members of Royal Borough of Greenwich Council and L&Q regarding the fire safety of the complex since the 14th June 2017.

Our response is as follows:
The information requested is exempt under section 36 (prejudice to the effective conduct of public affairs).

Section 36 - Prejudice to the effective conduct of public affairs

The Council’s Qualified Person, John Scarborough, Head of Legal Services, is of the opinion that disclosing these documents would be likely to prejudice the provision of advice or the exchange of views and would otherwise prejudice the effective conduct of public affairs. The qualified person has had access to all relevant material including the withheld information. The Qualified Person is of the view that the information is exempt from disclosure under section 36 of the Freedom of Information Act 2000.

Section 36 of the Freedom of Information Act 2000 (FOIA) provides that, “Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act

(2)(b) would, or would be likely to, inhibit
i. the free and frank provision of advice, or
ii. the free and frank exchange of views for the purposes of deliberation, or

(2)(c) would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.

Disclosure in this instance is likely to inhibit Council officers and others in expressing views and deliberating issues which would in turn impair the quality of decision making. There is a need for a safe space for Council officers and others to have free and frank exchanges in order for the Council to assure itself, and therefore Government, that the appropriate approach is taken and decision making is effective.

This information is exempt under section 36 of the Freedom of Information Act 2000, as releasing these documents would prejudice the effective conduct of public affairs, and releasing the documentation would be likely to inhibit the ability of officers to engage in the full and frank provision of advice or exchange of ideas. The documents identified within the request primarily relate to internal and external discussions of a formal or informal nature, and releasing the content of these documents would inhibit the ability to engage in future discussions of this nature, due to the perceived risk that such documentation could enter the public domain.

The exemption is a qualified exemption which means that where the exemption is engaged a public interest test must be carried out to determine whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Public interest in favour of disclosing the information

• The Qualified Person understands that information regarding cladding would be of interest to the public.
• The Qualified Person acknowledges there is a public interest in overall accountability and transparency and in the disclosure of information which enables members of the public to scrutinise more clearly the fire safety issues.

Public interest in favour of maintaining the exemption

• Releasing these documents would inhibit the ability of the Council to engage in full and frank discussions with Council officers and others. The release of this information would undermine the Council’s working relationship with the other relevant parties which is dependent upon the ability of all organisations involved communicating in an open and effective manner.
• Release of the information would have a detrimental effect on our ability to conduct our statutory functions.
• Good government depends on good decision-making and these needs to be based on the best advice available and a full consideration of the options. If such exchanges were to be released, it is likely that advice from the Council and others would be less candid in future, less robust in effect and decision-making could be impaired.
• The Council and others must have confidence that they can share views with one another and that there is an opportunity to understand and, where appropriate, challenge issues presented to them. The situation is already tense and extremely sensitive, and requires careful resolution handling issues. Disclosure of the information would be likely to remove the space within which Council officers and others are able to discuss options and delivery freely and frankly. Key organisations would also be less likely to co-operate in this way going forward.
• There is also the added possible implication that the publication of this information may lead to a misunderstanding by those affected and wider public which given the serious nature of the issues involved cannot be allowed to occur.

It is the Qualified Person’s view that the public interest is best served by maintaining the exemption. The council therefore concludes that the public interest in maintaining the exemption outweighs the public interest in disclosure.

If you have any queries about this correspondence, please contact me, quoting the reference number above.

If you are not satisfied with our response to your request, you can 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 request. If you wish to do this, please contact us, setting out why you are dissatisfied.

If you are not satisfied with the outcome of the Internal Review, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the Internal Review procedure provided by the Council. You can contact the ICO by emailing [email address], or by post at Customer Contact, Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

show quoted sections

Dear Greenwich Borough Council,

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

I am writing to request an internal review of Greenwich Borough Council's handling of my FOI request 'LFB Fire Assessment of Greenwich Square'.

I refer to my Freedom of Information Act request dated 13 March 2018, and your subsequent response dated 12 Aril 2018.

I requested:

1.A copy of the report of the inspection carried out by the London Fire Brigade on 6/3/2018 at Greenwich Square (also known as Lambarde Square).

2. All communication/documentation passed between staff and members of the RBGC and Mace/Hadley Mace regarding the fire safety of the complex since 14 June 2017.

3. All communication/documentation passed between staff and members of the RBGC and L&Q regarding the fire safety of the complex since 14 June 2017.

I note that the decision by John Scarborough, Head of Legal Services, is that disclosing these documents would cause prejudice to the effective conduct of public affairs. It is confirmed that Mr Scarborough has "had access to all relevant material, including the withheld information". Can you please confirm that in reaching his decision, Mr Scarborough has not only had access to all relevant material but has actually reviewed said material.

Secondly, request reference 12600 contains three separate line item requests, as set out above. The decision to refuse to disclose all information is made on the grounds that this "is likely" not that "it would" inhibit expression of views and deliberation of issues, impairing the quality of decision making. Furthermore, it is erroneous not to separate the three requests as it is simply not the case that the disclosure of an official report from LFB can be categorised in the same way as expression of personal opinion or ideas through correspondence or discussion as might be the case in 2 or 3.

As a consequence, I am asking you to reconsider your decision not to disclose the LFB report.

Please clarify how the release of the LFB report would inhibit the ability of the council to engage in full and frank discussions with council officers and others. Such discussions have already taken place and have led to the implementation of safety measures to protect the welfare of residents and the public at Greenwich Square.

It is not clear and it is not specified in Mr Scarborough's decision how the disclosure of the London Fire Brigade report would have a detrimental effect on the council's ability to conduct its statutory functions. Please clarify which specific statutory functions Mr Scarborough considers to be impacted by the disclosure of such information.

Please clarify how the disclosure of the LFB report to residents of the affected development would compromise good decision making on the part of the council and remove the space within which council officers and others are able to discuss options and deliver freely and frankly. Please explain why LFB would be less likely to cooperate with the council "going forward".

It is not clear why Mr Scarborough's conclusion that there was a "possible implication" that the publication of this information may lead to a misunderstanding by those affected and the wider public led to a decision to withhold the LFB report. He does not suggest that misunderstanding is certain, or even likely. Furthermore, he has not specifically balanced the public interest of those affected being provided with accurate information against the risk of serious harm and by withholding such information he has denied those affected the opportunity to make informed decisions about their personal safety.

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,

K. Conway

foi, Greenwich Borough Council

Dear Ms Conway

Freedom of Information request Internal Review: FOI-IR-12600

Thank you for your request for an Internal Review regarding our response to your Freedom of Information request.

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

If you have any queries, please contact me, quoting the reference number.

If you are not content with the outcome of the Internal Review, you can apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the Internal Review procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
 www.royalgreenwich.gov.uk

show quoted sections

foi, Greenwich Borough Council

1 Attachment

Dear Ms Conway

Internal Review on Freedom of Information request FOI-IR-12600

Thank you for your Internal Review request on the handling of your Freedom of Information request.

If you are not content with the outcome of the Internal Review, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the Internal Review procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Yours sincerely,

Jackie Jago
Head of Corporate Services
Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20, Basement, Town Hall, Wellington Street, Woolwich, London SE18 6PW
 www.royalgreenwich.gov.uk

 Please consider the environment before printing this email

show quoted sections