Dear Denbighshire Council,
Re: previous FOI response abandoned by Denbighshire County Council - https://www.whatdotheyknow.com/request/t...

The above FOI request was abandoned by yourselves on the 17th of March 2017 and a decision was taken without my prior consent for Mr Tim Wynne-Evans to attempt to locate me and then confront me occasioning what I regard as at least common assault as I had previously revoked any implied right of access to myself and any property I might be located at. That revocation still stands.

I hereby submit a Freedom of Information request to cover the points which I believe Denbighshire County Council tried to avoid answering in public on the What Do They Know website and which resulted in that abandonment.

This FOI request is submitted via the What Do They Know website to ensure my FOI request and any response from yourselves is highly public.

You have previously claimed in a FOI response, that Kingdom Security employees cannot enter private land and you qualified this by claiming that landowner consent is required before a Fixed Penalty Notice can be issued and that no agreements had been entered into with any private landowners in Denbighshire. When pressed, you appeared to back track and then claimed that officers were entitled to issue FPNs anywhere that was open to the air...... etc and that they didn't need prior consent. In both cases, you omitted any reference to the fact that Kingdom Security officers should consider obtaining prior consent from the landowner as they might not have statutory powers to issue FPNs without such consent.

It appears somewhat contradictory to claim in one part of a FOI response that no agreements had been entered into with private landowners in Denbighshire, when in another part of the response you then claim that Kingdom Security officers can go virtually where they like which is openly accessible to the public without charge.

Therefore, I will submit this issue again and I respectfully ask that you supply me with the complete answer rather than a doctored, ambiguous response to the following questions:

1)
Do Kingdom Security officers require prior landowner consent to lawfully issue fixed penalty notices on private land as legislation and published guidelines suggest Kingdom Security Officers should have such prior consent?

2)
Is it correct, that Kingdom Security officers lose their statutory powers if they enter private land regardless of if it is open to the air......etc, if they do not have prior landowner consent? If you believe Kingdom Security does not lose its statutory powers, can you please demonstrate how this is so? Please include reference to any or all laws or other pieces of legislation which uphold this position.

3)
Please demonstrate how if a Kingdom Security officer does not have statutory powers to issue fixed penalty notices on private land because he or she does not have prior consent, how any such fixed penalty notices issued can be valid?
4)
Is it correct or not, that if a private landowner discovers a Kingdom Security officer on his private land and asks him to leave, he must do so immediately?

5)
Is it correct or not, that if a private landowner discovers a Kingdom Security officer on his private land and or attempting to issue fixed penalty notices and asks him to leave and not come back again at any time, that he must leave and must observe the request?

6)
Is a private landowner's verbal request enough to revoke access to his land and property or must he be expected to follow that up with a written revocation to the council officer overseeing the contracted company Kingdom Security?

7)
If a revocation in writing is required or simply requested to stop Kingdom Security from entering private land and or property, what would be the minimum requests therein to permanently ensure that Kingdom Security never returns to trespass on that property?

8)
Could you please confirm how many private landowners within the Denbighshire county area have provided Denbighshire County Council with written and or verbal consent to issue fixed penalty notices on their land and property to date from when Kingdom Security was first contracted to operate in the county?

9)
Could you please confirm how many private landowners within the Denbighshire county area have contacted Denbighshire County Council since Kingdom Security started its contract to revoke this latter's access to their land and property?

10)
Could you please confirm how many fixed penalty notices Kingdom Security has since its contract commenced with Denbighshire County Council, issued on any private land or other property that was not owned or managed by Denbighshire County Council.

11)
If it transpires that a fixed penalty notice issued by Kingdom Security is not valid by virtue of it being issued on private land/property when statutory powers have been lost and Kingdom Security has issued fixed penalty notices on that same land previously, will it be the case that all such fixed penalty notices are invalid and subject to refund?

12)
Can you please supply me with the total of money raised since Kingdom Security's contract started with Denbighshire County Council, from fixed penalty notices issued on private land as opposed to council owned or managed land.

13)
Can you please explain why Kingdom Security officers contracted by Denbighshire County Council routinely ignore official guidelines and issue fixed penalty notices as a first resort when said guidelines state fixed penaltry notices should be issued as a last resort?

14)
Can you please supply me with the total of times all Kingdom Security officers contracted to Denbighshire County Council since the Kingdom Security company was contracted to the council have contacted North Wales Police to request assistance because members of the public have refused to supply details to Kingdom Security operatives accusing such of committing littering offences? Such will be recorded in their PACE books?

That concludes my current FOI request. I thank you for your time and wish a speedy conclusion to my request which I'm sure would suit both parties.

Yours faithfully,

Scott L. Felton

Denbighshire Council

1 Attachment

FOI Acknowledgement

--------------------------------------------------------------------------

Dear Mr Felton,

Freedom of Information Act 2000 - Request for Information

Thank you for your recent request for information held by Denbighshire
County Council received 05/02/2018 regarding KINGDOM SECURITY.
Any questions that are requesting recorded information will be responded
to under the Freedom Of Information Act 2000. Responses to the other
questions will be included in the FOI response.

As set out by the Freedom of Information Act 2000 it will be our aim to
respond to your request by 05/03/2018. In some cases, however, we may be
unable to achieve this deadline. If this occurs we will advise you of the
likely timescale within which the response will be provided.

Under the Freedom of Information Act the Council may charge for
disbursement costs (e.g. photocopies, postage). However should there be
any such costs, you will be notified of this prior to the commencement of
any work.

Please do not hesitate to contact me for further advice or guidance
relating to the above.

Rydym yn croesawu gohebiaeth yn Gymraeg. Byddwn yn ymateb i unrhyw
ohebiaeth yn Gymraeg ac ni fydd hyn yn arwain at unrhyw oedi. We welcome
correspondence in Welsh. We will respond to any correspondence in Welsh
which will not lead to a delay.

Yours sincerely

Kerry Standen
Swyddog Mynediad i Wybodaeth / Access to Information Officer Cyngor Sir
Ddinbych / Denbighshire County Council Ffon / Tel: 01824 708242
E-bost:[email address]
E-mail:[email address] Gwefan
http://www.sirddinbych.gov.uk Website http://www.denbighshire.gov.uk

 

Scott L. Felton

Dear Denbighshire Council,

You have failed to respond to my Freedom of Information request regarding your abandonment of a previous FOI request. I respectfully request that you attend to this matter immediately and provide the information requested.

Thank you.

Yours faithfully,

Scott L. Felton

Kerry Standen, Denbighshire Council

2 Attachments

Dear Scott Felton,

Thank you for your request for information received 05/02/2018 concerning
KINGDOM SECURITY. Please see the attached response. Some of your
questions have not been answered under the Freedom of Information Act 2000
as they do not meet the criteria for FOI requests (i.e. requests for
recorded information). The Service have answered these questions.
Unfortunately, the response to questions 11 and 13 have been missed out
and I have asked for a response as soon as possible.

 

If I can be of any further assistance please do not hesitate to contact
me.

If you have any queries regarding this response, please do not hesitate to
contact me at the following address: Access to Information Officer,
Corporate Information Management Team, PO BOX 62, Wynnstay Road, Ruthin,
LL15 9AZ. Alternatively, if you are unhappy with the way the council has
handled your request and wish to ask for internal review, please contact
the Corporate Information Manager at the same address. If you are
subsequently not content with the outcome of the review, you have the
right to apply to the Information Commissioner whose address is Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

The contents of this communication and the enclosed documents are subject
to copyright protection. It has been sent to you for your information and
you may use it for any private study and non-commercial research. The
information may also be used for the purposes of news reporting. Re-use
for commercial publication requires the permission of this Council.

Please do not hesitate to contact me for further advice or guidance
relating to the above.

 

Yours sincerely

 

 

Kerry Standen
Swyddog Mynediad i Wybodaeth / Access to Information Officer
Cyngor Sir Ddinbych / Denbighshire County Council
Ffon / Tel: 01824 708242
E-bost:[email address]
E-mail:[email address]
Gwefan [1]http://www.sirddinbych.gov.uk
Website [2]http://www.denbighshire.gov.uk

 

[3]cymraeg-logo2Dysgwr

 

 

Rydym yn croesawu gohebiaeth yn Gymraeg. Byddwn yn ymateb i unrhyw
ohebiaeth yn Gymraeg ac ni fydd hyn yn arwain at unrhyw oedi.

We welcome correspondence in Welsh. We will respond to any correspondence
in Welsh which will not lead to a delay.

 

Dilyn ni ar Twitter: http://twitter.com/cyngorsDd - Follow us on Twitter:
http://twitter.com/DenbighshireCC
Ymwelwch a ni ar-lein ar http://www.sirddinbych.gov.uk - Visit us online
at http://www.denbighshire.gov.uk

Mae'r wybodaeth a gynhwysir yn yr e-bost hwn ac unrhyw ffeiliau a
drosglwyddir gydag o wedi eu bwriadu yn unig ar gyfer pwy bynnag y
cyfeirir ef ato neu atynt. Os ydych wedi derbyn yr e-bost hwn drwy
gamgymeriad, hysbyswch yr anfonwr ar unwaith os gwelwch yn dda. Mae
cynnwys yr e-bost yn cynrychioli barn yr unigolyn(ion) a enwir uchod ac
nid yw o angenrheidrwydd yn cynrychioli barn Cyngor Sir Ddinbych. Serch
hynny, fel Corff Cyhoeddus, efallai y bydd angen i Gyngor Sir Ddinbych
ddatgelu'r e-bost hwn [neu unrhyw ymateb iddo] dan ddarpariaethau
deddfwriaethol.
The information contained in this e-mail message and any files transmitted
with it is intended solely for the use of the individual or entity to whom
they are addressed. If you have received this e-mail in error please
notify the sender immediately. The contents of this e-mail represents the
views of the individual(s) named above and do not necessarily represent
the views of Denbighshire County Council. However, as a Public Body,
Denbighshire County Council may be required to disclose this e-mail [or
any response to it] under legislative provisions.

References

Visible links
1. http://www.sirddinbych.gov.uk/
2. http://www.denbighshire.gov.uk/

Kerry Standen, Denbighshire Council

1 Attachment

Dear Mr Felton

 

Please find below the response to the other two questions:

 

11. If it transpires that a fixed penalty notice issued by Kingdom
Security is not valid by virtue of it being issued on private
land/property when statutory powers have been lost and Kingdom Security
has issued fixed penalty notices on that same land previously, will it be
the case that all such fixed penalty notices are invalid and subject to
refund?

 

Officers are authorised to issue Fixed Penalty Notices on private land.
However if it transpired that a Fixed Penalty Notice had been issued
unjustifiably, in any circumstances consideration would be given to the
recipient being reimbursed.
13.Can you please explain why Kingdom Security officers contracted by
Denbighshire County Council routinely ignore official guidelines and issue
fixed penalty notices as a first resort when said guidelines state fixed
penalty notices should be issued as a last resort?

 

The guidelines you refer to are pieces of advice or suggestions. There is
no requirement for Denbighshire to comply with such a guideline.

 

 

Yours sincerely

 

Kerry Standen
Swyddog Mynediad i Wybodaeth / Access to Information Officer
Cyngor Sir Ddinbych / Denbighshire County Council
Ffon / Tel: 01824 708242
E-bost:[email address]
E-mail:[email address]
Gwefan [1]http://www.sirddinbych.gov.uk
Website [2]http://www.denbighshire.gov.uk

 

[3]cymraeg-logo2Dysgwr

 

 

Rydym yn croesawu gohebiaeth yn Gymraeg. Byddwn yn ymateb i unrhyw
ohebiaeth yn Gymraeg ac ni fydd hyn yn arwain at unrhyw oedi.

We welcome correspondence in Welsh. We will respond to any correspondence
in Welsh which will not lead to a delay.

 

Dilyn ni ar Twitter: http://twitter.com/cyngorsDd - Follow us on Twitter:
http://twitter.com/DenbighshireCC
Ymwelwch a ni ar-lein ar http://www.sirddinbych.gov.uk - Visit us online
at http://www.denbighshire.gov.uk

Mae'r wybodaeth a gynhwysir yn yr e-bost hwn ac unrhyw ffeiliau a
drosglwyddir gydag o wedi eu bwriadu yn unig ar gyfer pwy bynnag y
cyfeirir ef ato neu atynt. Os ydych wedi derbyn yr e-bost hwn drwy
gamgymeriad, hysbyswch yr anfonwr ar unwaith os gwelwch yn dda. Mae
cynnwys yr e-bost yn cynrychioli barn yr unigolyn(ion) a enwir uchod ac
nid yw o angenrheidrwydd yn cynrychioli barn Cyngor Sir Ddinbych. Serch
hynny, fel Corff Cyhoeddus, efallai y bydd angen i Gyngor Sir Ddinbych
ddatgelu'r e-bost hwn [neu unrhyw ymateb iddo] dan ddarpariaethau
deddfwriaethol.
The information contained in this e-mail message and any files transmitted
with it is intended solely for the use of the individual or entity to whom
they are addressed. If you have received this e-mail in error please
notify the sender immediately. The contents of this e-mail represents the
views of the individual(s) named above and do not necessarily represent
the views of Denbighshire County Council. However, as a Public Body,
Denbighshire County Council may be required to disclose this e-mail [or
any response to it] under legislative provisions.

References

Visible links
1. http://www.sirddinbych.gov.uk/
2. http://www.denbighshire.gov.uk/

Scott L. Felton

Dear Denbighshire Council,

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

I am writing to request an internal review of Denbighshire Council's handling of my FOI request 'Long Overdue Abandoned FOI Response/'.

I wish to request an internal review of several of my questions in my recent FOI request which was responded to in what I regard as a wholly evasive, ambiguous and in some cases threatening response which will be generating a separate complaint regarding council officer conduct.

1) My question.
Do Kingdom Security officers require prior landowner consent to lawfully issue fixed penalty notices on private land as legislation and published guidelines suggest Kingdom Security Officers should have such prior consent?
Your Response - No

No, simply isn't good enough. I therefore respectfully request that this answer is qualified with suitable references to any and all legislation which shows that Kingdom Security employees can enter private land lawfully without prior consent.

It is clearly stated in dozens of online sources that Kingdom security officers can enter private land without consent but cannot issue Fixed Penalty Notices (FPNs) without the consent of the landowner as their statutory powers to issue are lost without that consent; only in the cases of fly-tipping can their statutory powers remain valid.

I add here reference taken directly from the Gov.uk website - 1)
Issuing FPNs on private land
Before you enter private land to issue FPNs, you should consider whether to get consent, because you don’t have statutory powers of entry in this situation.
This applies to privately owned land which the public can access.
The only exception is for waste collection authorities investigating fly-tipping. They can enter private land without permission.

This is law, not guidence, though referenced within guidelines which DCC by its own admission will not follow. The law permits entry without landowner consent but DCC conveniently ignores the loss of statutory powers aspect and has consistently tried to hide this behind its ascertion that Kingdom Security employees can enter private land to issue FPNs.

DCC has constantly avoided this by ignoring it and only referencing that Kingdom Security employees authorised to issue FPNs can enter private land open to the air to which the public is not charged etc..... etc.

DCC has constantly ignored my requests in order to subvert this legislation and my request.

I am not asking for information on the 'open to the air aspect. I am asking for a response regarding the legality of entering private land to issue FPNs where no prior landowner consent has been given.

2. My question.
Is it correct, that Kingdom Security officers lose their statutory powers if they enter private land regardless of if it is open to the air......etc, if they do not have prior landowner consent? If you believe Kingdom Security does not lose its statutory powers, can you please demonstrate how this is so? Please include reference to any or all laws or other pieces of legislation which uphold this position.

Your response - The relevant legislation, Envionmental Protection Act and Clean Neighbourhood Act states that officers may enforce on any land in the open air to which the public have access on payment or otherwise.

Your response is wholly inadequate, evasive and irelevant to my question.

Again, I will refer you to the information from the Gov.uk website - Issuing FPNs on private land
Before you enter private land to issue FPNs, you should consider whether to get consent, because you don’t have statutory powers of entry in this situation.
This applies to privately owned land which the public can access.
The only exception is for waste collection authorities investigating fly-tipping. They can enter private land without permission.

I am asking DCC to confirm if Kingdom Security employees upon entering private land, lose their statutory powers to issue FPNs on that land for environmental offences other than fly-tipping? You stated your answer but ignored any attempt to draw attention to the law you quoted. Please provide references to any and all legislation which says Kingdom Security employees retain their statutory powers upon entering private land to issue FPNs for offences other than fly-tipping? Please do not reference anything in relation to 'Open to the air....... etc as you are using this to subvert requested information. This request is not about that. It is about the law and issuing of FPNs on private land. The two are different as you know, so please don't use one to cloud the other.

5) My question. For reference with Question 6 below.
Is it correct or not, that if a private landowner discovers a Kingdom Security officer on his private land and or attempting to issue fixed penalty notices and asks him to leave and not come back again at any time, that he must leave and must observe the request?

Your response - No the officer is authorised to carry out his or her duties on that land.

6) My question.
Is a private landowner's verbal request enough to revoke access to his land and property or must he be expected to follow that up with a written revocation to the council officer overseeing the contracted company Kingdom Security?

Your response - There are occasions when instructions have been made revoking permission to officers to enter his or her land. To date officers have complied however Counsels opinion in relation to this matter will now be instrumental in changing officer action.

Your response to Q6 contradicts your response to Q5 above. As it is stated in Q5 by yourselves - No the officer is authorised to carry out his or her duties on that land - then that suggests that requests by landowners to leave can be ignored, yet as your response to Q6 states - There are occasions when instructions have been made revoking permission to officers to enter his or her land - If this was so, landowners would not have the power to refuse admission. Clearly they do.

You also reference some 'legal counsel'. This to me is wholly irrelevant and has been added to reinforce your stance. I note the wording 'Counsels opinion in relation to this matter will now be instrumental in changing officer action.'................. Please now identify this counsel source? Who or what it is? And please explain how 'opinion' is a statement of law as I am not interested in subversive opinions and hints nor subliminal suggestive words. I seek only the answers to my questions. Not an answer, THE answer. I respectfully request your cooperation in achieving this.

7) My question.
If a revocation in writing is required or simply requested to stop Kingdom Security from entering private land and or property, what would be the minimum requests therein to permanently ensure that Kingdom Security never returns to trespass on that property?
Your response - Counsels opinion will now be considered to change previous decisions.

Again, wholly inadequate and irrelevant to my question.
Please answer the question and please now seeing as you've mentioned it, identify this counsel and what these previous decisions are.

Please stop with the vague answers and back up your answers with fully transparent and referenced sources.

8) My question.
Could you please confirm how many private landowners within the Denbighshire county area have provided Denbighshire County Council with written and or verbal consent to issue fixed penalty notices on their land and property to date from when Kingdom Security was first contracted to operate in the county?

Your response - Not possible as such statistics have never been or required to be recorded. Information not held.

Other county councils have provided this information freely upon request. I find it staggering (though I'm hardly surprised) that DCC can claim it holds no such information. It is my belief you are withholding this information as it will undermine your stance that your contracted Kingdom Security officers can enter private land to issue FPNs regardless of what the Law actually states.

Please provide the information requested.

10) My question & combined with Q12 - Can you please supply me with the total of money raised since Kingdom Security's contract started with Denbighshire County Council, from fixed penalty notices issued on private land as opposed to council owned or managed land?
Q10, Could you please confirm how many fixed penalty notices Kingdom Security has since its contract commenced with Denbighshire County Council, issued on any private land or other property that was not owned or managed by Denbighshire County Council?

Your response - Not possible as such statistics have never been or required to be recorded. Information not held.

In both cases this information has been provided by other councils freely upon request and I feel you are withholding this information to avoid publicising the statistics of what has been raised over the period stated. Therefore I request you provide the information sought please. I require to know how many FPNs have been issued, the total revenue raised for DCC from its share of the FPN revenue plus, the total of FPN revenue taken by Kingdom Security.

Thank you.

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,

Scott L. Felton

Kerry Standen, Denbighshire Council

2 Attachments

Dear Mr Felton

 

Please find attached our response to your request for an internal review
of our response  to FOI 3331 – Kingdom Services.

 

Yours sincerely

 

Kerry Standen
Swyddog Mynediad i Wybodaeth / Access to Information Officer
Cyngor Sir Ddinbych / Denbighshire County Council
Ffon / Tel: 01824 708242
E-bost:[email address]
E-mail:[email address]
Gwefan [1]http://www.sirddinbych.gov.uk
Website [2]http://www.denbighshire.gov.uk

 

[3]cymraeg-logo2Dysgwr

 

 

Rydym yn croesawu gohebiaeth yn Gymraeg. Byddwn yn ymateb i unrhyw
ohebiaeth yn Gymraeg ac ni fydd hyn yn arwain at unrhyw oedi.

We welcome correspondence in Welsh. We will respond to any correspondence
in Welsh which will not lead to a delay.

 

Dilyn ni ar Twitter: http://twitter.com/cyngorsDd - Follow us on Twitter:
http://twitter.com/DenbighshireCC
Ymwelwch a ni ar-lein ar http://www.sirddinbych.gov.uk - Visit us online
at http://www.denbighshire.gov.uk

Mae'r wybodaeth a gynhwysir yn yr e-bost hwn ac unrhyw ffeiliau a
drosglwyddir gydag o wedi eu bwriadu yn unig ar gyfer pwy bynnag y
cyfeirir ef ato neu atynt. Os ydych wedi derbyn yr e-bost hwn drwy
gamgymeriad, hysbyswch yr anfonwr ar unwaith os gwelwch yn dda. Mae
cynnwys yr e-bost yn cynrychioli barn yr unigolyn(ion) a enwir uchod ac
nid yw o angenrheidrwydd yn cynrychioli barn Cyngor Sir Ddinbych. Serch
hynny, fel Corff Cyhoeddus, efallai y bydd angen i Gyngor Sir Ddinbych
ddatgelu'r e-bost hwn [neu unrhyw ymateb iddo] dan ddarpariaethau
deddfwriaethol.
The information contained in this e-mail message and any files transmitted
with it is intended solely for the use of the individual or entity to whom
they are addressed. If you have received this e-mail in error please
notify the sender immediately. The contents of this e-mail represents the
views of the individual(s) named above and do not necessarily represent
the views of Denbighshire County Council. However, as a Public Body,
Denbighshire County Council may be required to disclose this e-mail [or
any response to it] under legislative provisions.

References

Visible links
1. http://www.sirddinbych.gov.uk/
2. http://www.denbighshire.gov.uk/

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