Good evening,

Please provide/confirm the relevant reference number so we can track which
case you are referring to.

If it is 9605, which seems to be regarding a similar topic, this was sent
out to you on 24/04/24.

Kind regards,
Information Team. 
 

Dear Croydon Borough Council,

By law, the authority should normally have responded promptly and by 23
April 2024 at the latest.

If I do not receive the information by 26 April 2024, I will ask the
Information Commissioner to intervene.

Yours faithfully,

Stephen Whiteside

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Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA

Contact: Information Team
[email address]

Dear Mr Whiteside, 

Please accept our sincerest for the inconvenience this has caused. 

Please can you confirm the date which the original FOI request was
submitted, and if possible the email address it was sent from. 
This will allow us identify and escalate your request. 

We would like to thank you for your kind patience. 

Kind regards, 
Information Management Team 

Dear Mr Whiteside, 

Thank you for getting back to us. 
I have checked the system and can confirm your request was logged under
FOI 9605. A response was sent out on 24/04/2024, I can also confirm an
internal review request was submitted by yourself and this was logged on
29/04/2024. 

I will resend our initial response to avoid any confusion. 

Kind regards, 
Information Management Team 

Dear [Croydon Borough Council request email],

The original request was submitted on 24 March 2024. I believe that
WhatDoTheyKnow automatically remove email addresses, so theres no point
in me sending it.

Full details of my request is available on the Internet at this address:
https://www.whatdotheyknow.com/request/l...

I have no confidence in the Councils procedures and have now submitted a
complaint to the ICO.

Yours sincerely,

Stephen Whiteside

show quoted sections

Dear Mr Whiteside, 

Please accept our sincerest apologies with this oversight. 
We will get this request logged immediately and send our an email stating
this request needs to be responded to urgently. 

We will get our response sent over as quickly as possible 

Thank you for your kind patience. 

Kind regards, 
Information Management Team 

Dear [Croydon Borough Council request email],

The request logged under FOI 9605, was sent on 23 March 2024 [Libraries
and CIL funding]
https://www.whatdotheyknow.com/request/l...

To repeat, THIS request was submitted on 24 March 2024.[Library books,
self-service kiosks and CIL]
https://www.whatdotheyknow.com/request/l...

These are DIFFERENT requests! I have had NO response to THIS request!!

Yours sincerely,

Stephen Whiteside

show quoted sections

Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA

Contact: Information Team
[email address]

Dear Stephen Whiteside

Request FOI/9778

Further to your request received on 24/04/2024, I confirm that the Council
has now considered your request under the /Environmental Information
Regulations.

Specifically, you have requested the following information:

According to the Development & Environment  S106 Approved Expenditure
Tracker  (July 2012 - December 2023), in both March 2022 (Row 36) and
March 2023 (Row 18),  £300,000 of CIL funding was approved for "CIL LMP -
Libraries Stock Fund (All
wards)* [1]https://www.croydon.gov.uk/sites/default...
+++ Please provide full COPIES of any 'CIL Expenditure Request Form -IFG"
(including the approval sheets) regarding these approvals.
+++ Please provide details of the books purchased, and how they were
distributed across the Borough's libraries.

According to the Tracker, in March 2022 (Row 35),  £200,000 of CIL funding
was approved for "CIL LMP - Library Self-Service Kiosks (All wards)"
+++ Please provide full COPIES of any 'CIL Expenditure Request Form -IFG"
(including the approval sheets) regarding this approval.
+++ Please provide details of how (including where) these funds were
spent.

Please find documents attached as requested, however, where there are
redactions applied, personal information has been withheld. When
information is the personal data of someone other than the applicant,
regulation 12(3) requires you not to disclose that personal data, except
in accordance with regulation 13. Regulation 13 prohibits you from
disclosing third party personal data if this would contravene the UK GDPR
or the DPA 2018.
It has been the custom and practice for the Council to generally only
release the names of staff down to ‘Head of Service’ level, which the
Council considers meets the Transparency Code issued by the Secretary of
State for Communities and Local Government. We will also release officer
names who are deemed to have a ‘public-facing’ role, such as Planning
officers. However we have not in this case disclosed the names of any
junior officers whose roles are not deemed public-facing such as internal
cash and control officers and business support. 

The information you have requested would identify individuals who are
employed by the Council to undertake work within the community at large. 
This would be hindered, should their names be released in response to a
request such as this.  As such disclosure of the requested information is
likely to lead to a breach of the provisions of the Data Protection Act as
we do not have the consent of the data subject to disclose the information
to you neither do we consider it reasonable in all the circumstances to
disclose the information to you without the consent of the data subject to
whom we owe a duty of confidentiality.   Furthermore the council considers
that this position is consistent with guidance issued by the Information
Commissioner, including a Decision Notice issued in respect of a similar
request FS50276863.

In addition, please be advised that where possible, we have
disclosed financial data on bids that we do not deem to be commercially
sensitive.  However, information pertaining to this bid; specifically,
where the Council has considered as commercial in nature has been
withheld.  The information is considered, by the Council, to be
commercially sensitive as its disclosure would, or would be likely to,
prejudice the commercial interests of the of Council.  As such, we believe
it is exempt from disclosure under the exception in the Environmental
Regulations 12(5)(e) relating to confidentiality provided by law to
protect a legitimate economic interest.

In deciding whether to apply this exemption the Council is expected to
balance the public interest test in withholding the information against
the public interest in disclosing the information. Although there is
always a clear case for transparency of council spend and in informing the
public how the council allocates taxpayer’s resources, the information is
considered, by the Council, to be commercially sensitive as its disclosure
would, or would be likely to, prejudice the commercial interests of the of
Council, as it is considered that if the information is disclosed to you
it could potentially weaken the Council ability to obtain value for money
but may also threaten the commercial bargaining position in the context of
existing or future negotiations.    

The Council publishes Access to Information requests and responses on its
online Disclosure Log. (Any request included within this log will be
anonymised appropriately)

To view the Council’s Disclosure Log, please visit our website available
here:

[2]The Freedom of Information (FOI) Act | Croydon Council
(disclosure-log.co.uk)

If you are dissatisfied with the way the Council has handled your request
under the Environmental Information Regulations you may ask for an
internal review. This should be submitted to us within 40 working days of
this response. You can do this by outlining the details of your complaint
by:

Email:        [3][email address]

Writing:     Information Team

London Borough of Croydon

Bernard Weatherill House

Floor 7 - Zone B

                  8 Mint Walk

Croydon, CR0 1EA

Any requests received after the 40 working day time limit will be
considered only at the discretion of the council.

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

Yours sincerely,

Information Team

Croydon Digital Services

Assistant Chief Executive Directorate

Bernard Wetherill House,

Mint Walk,

Croydon,

CR0 1EA

[4][email address]

[5][email address]

References

Visible links
1. https://www.croydon.gov.uk/sites/default...
2. https://croydon.disclosure-log.co.uk/
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]

Dear Mr Whiteside,

Further to your email dated 5 June 2024, in which you requested an
Internal Review of the Council’s response to your request for information
made under the Environmental Information Regulations (EIR), I have now
concluded this review and I am able to reply as follows. Please accept my
apologies for the delay in replying, an error was made in the allocation
of your Internal Review request.

In your request for Internal Review, you asked the Council to reconsider
your request as you believed that you had not been provided with the
information requested.

In your request for information dated 24 April 2024 you requested the
following information:

“According to the Development & Environment  S106 Approved Expenditure
Tracker  (July 2012 - December 2023), in both March 2022 (Row 36) and
March 2023 (Row 18),  £300,000 of CIL funding was approved for "CIL LMP -
Libraries Stock Fund (All wards)*
[1]https://www.croydon.gov.uk/sites/default...

+++ Please provide full COPIES of any 'CIL Expenditure Request Form -IFG"
(including the approval sheets) regarding these approvals.

+++ Please provide details of the books purchased, and how they were
distributed across the Borough's libraries.

According to the Tracker, in March 2022 (Row 35),  £200,000 of CIL funding
was approved for "CIL LMP - Library Self-Service Kiosks (All wards)"

+++ Please provide full COPIES of any 'CIL Expenditure Request Form -IFG"
(including the approval sheets) regarding this approval.

+++ Please provide details of how (including where) these funds were
spent.”

The Council responded to you on the 3 June 2024.  The Council confirmed
that some of the documents provided had ben redacted  to withhold personal
information in accordance with Regulation 13. Regulation.  Further  it was
stated that information which was considered to be commercially sensitive,
was also withheld under Regulation 12(5)(e) relating to confidentiality
provided by law to protect a legitimate economic interest.

In your request for an Internal Review dated 5 June 2024, you stated the
following:

“I am writing to request an internal review of Croydon Borough Councils
handling of my FOI request Library books, self-service kiosks and CIL.

Firstly, I note that the Request Forms within documents FOI 9778
IFGbid314KiosksApproved Redacted 2.pdf and FOI 9778
IFGbid314KiosksApproved Redacted 3.pdf appear identical, save for the
redaction in the former of the name of the Budget Manager [Robert Hunt].

Missing information

No information has been provided regarding the books purchased or how they
were distributed across the Boroughs libraries.

+++ Please provide the information initially requested. [As I now
understand it, this should include ‘digital stock such as e-Books" etc]

Document FOI 9778 IFG315RApproved Redacted 1.pdf includes the following:

"As outlined in the original IFG bid form (IFG 315 - see attached), this
request was for 900,000 to use over 3 years for 13 libraries in the
borough that need to increase stock to meet additional needs to increase
capacity of the library service, this includes digital stock such as
e-Books”.

The original IFG bid form (IFG 315) was NOT attached.

+++ Please provide a full copy of that original bid, for 900,000 over 3
years.

+++ If there was a separate Request Form [from the original IFG bid] for
the first [2022/23] draw down of CIL funds, please provide a copy.

+++ For completeness, if a Request for the third [2024/25] draw down of
CIL funds was made [in March 2024?], it would be helpful if a copy of the
relevant document[s] could also be provided.

Redaction

The ‘blanket" redaction of part of FOI 9778 IFGbid314KiosksApproved
Redacted 4.pdf includes not only key names, but also the dates on which
they gave their approvals. There can be no justification for this.

Reliance on regulations 12(3) and 13 - Personal data

You say that the Council " will … release officer names who are deemed to
have a ‘public-facing" role”. You then tell me that you WON"T release
details of "individuals who are employed by the Council to undertake work
within the community at large. The contradiction is clear and I cannot
accept that these claims are valid.

Furthermore, I believe that those signing for the ‘s106 Framework Group",
the ‘Infrastructure Finance Group" and/or the ‘Capital Board" would surely
have to be more senior [and accountable] than the ‘Budget Manager", whose
names have NOT been redacted.

I do not accept that the Council"s position on this IS ‘consistent with
guidance issued by the Information Commissioner OR the Local Government
Transparency Code 2015.

Reliance on regulation 12(5)(e) - Commercial confidentiality

You say [or at least suggest] that information considered by the Council
to be ‘commercial in nature" has been withheld, because "its disclosure
would, or would be likely to, prejudice the commercial interests of the …
Council.” I see no relevance of this exception to the information
requested, or to the proper allocation and/or use of CIL funds.

+++ If there HAS been any such information redacted or withheld, please
now provide copies of same. [In the alternative, please confirm that no
such information has been redacted or withheld]

+++ Please provide copies of all relevant Request Forms with the "Cash
Balance Account Code” UNredacted. [There is clearly no ‘good" reason for
this redaction]

These are substantial amounts of public money, and there will [or should]
be significant public interest in why these funds are being allocated to
these particular projects [and by whom], when libraries are threatened
with closure and there must be so many other legitimate and worthy options
available.”

On receiving your request for an Internal Review, I contacted the
Libraries Service, who has provided additional information in answer to
the issues raised in your Internal Review; taking these in order:

Missing Information - please find enclosed information detailing the books
purchased and their distribution across the Borough’s libraries.

This details the physical stock purchased for the April 2022 - March 2024
period and how it was distributed across the libraries. Digital Stock is
purchased as part of an annual consortium subscription with other members
of the [2]Libraries Consortium to form a shared digital collection. In
total, there are currently 141,000 e-books and 272,000 e-audiobooks
available for loan in that collection. In the same period, the expenditure
for this digital stock was £69,848.

Please also find enclosed a copies of IFG Bid Forms.

Redactions - having reviewed the redactions made, the Council considers
that some of these were inappropriate, and the requested documents have
been revised and are enclosed.

Where the redactions have been made this is due to the Officers being
understood not to have a public facing roles in respect of the decisions
being made and/or only having an ‘administrative function', in the CIL
process.

Further on the Bid Forms, where they have been signed by the Officer these
redactions remain in place. I am able confirm the names of the Officers
who have signed the Bid Forms, as only their signatures and not names are
recorded on the forms as set out below:

┌─────────┬────────────────┬──────────────────────┬──────────────────────┐
│     Form│IFG 315R │IFG 315 Stock Fund │IFG 314 Kiosks │
│ │ │Approved │Approved │
│    Box │ │ │ │
├─────────┼────────────────┼──────────────────────┼──────────────────────┤
│Box 1 │Lloyd Hall  │Lloyd Hall │Lloyd Hall │
├─────────┼────────────────┼──────────────────────┼──────────────────────┤
│Box 2 │Steve Dennington│Steve Dennington │Steve Dennington │
├─────────┼────────────────┼──────────────────────┼──────────────────────┤
│Box 3 │Allistair Bannin│Peter Mitchell │Peter Mitchell │
└─────────┴────────────────┴──────────────────────┴──────────────────────┘

As stated in the Council’s original reply, where Redactions have been made
this is in accordance with Regulations 12(3) and 13 in respect of
processing of Personal Data.

Regulation 12(5)(e) - Commercial Confidentiality - I have been informed
that no information was withheld from the information provided on the
basis that this Regulation was engaged.

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

Yours sincerely,

Howard Passman

020 8726 6000 ext. 27103

Resources Directorate

Legal Services Division

12th Floor
Bernard Weatherill House

8 Mint Walk

Croydon CR0 1EA

Council services, online, 24/7 www.croydon.gov.uk/myaccount.

Please use this web site address to view the council's e-mail disclaimer -
http://www.croydon.gov.uk/email-disclaimer

References

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2. https://thelibrariesconsortium.org.uk/