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Maidstone Borough Council Solicitor Agents (J E Baring & Co) Assignment And Sub-Contracting

We're waiting for Ed Boyce to read a recent response and update the status.

Dear Maidstone Borough Council,

Maidstone Borough Council Solicitor Agents (J E Baring & Co) Assignment And Sub-Contracting

Please provide a copy of the Deed of Arrangement between Maidstone Borough Council and J E Baring & Co solicitors and list the authorised signatories and the position they hold within the council and solicitors' firm.

Confirm whether this agreement is personal to the Contractor or if they can assign any of it's rights or obligations to any third party or otherwise dispose of their agreement or any part of it, until after they receive written approval of the council.

Please provide a copy of all prior written approvals by the Council and the name of the officer who approved rights and obligations to be assigned to third party sub-contractor/agents and supply a list of the names of the sub-contractor/agent.

Also confirm if Maidstone Borough Council have agreed to let your agents J E Baring & Co solicitors to sub-contract their obligations to any of the following third party agents:

J S Knott Legal Services Ltd (Russell Sargent and/or Raymond Finch)

Fairway Investigation and Associates Ltd (Tracey Jewsbury)

Equita Ltd

Court Enforcement Services Ltd

Newlyn PLC

Please also provide a copy of all approvals for these third parties and any additional agents, such as SIA licensed door supervisors or frontline close protection agents.

And in particular any connected to the Council's choice of Insolvency Practitioner(s)/Trustee(s) who also instruct J E Baring & Co to carry out work on their behalf and who also instruct the same firm of barristers as the Council.

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce
 
FREEDOM OF INFORMATION ACT REQUEST
 
Ref: FOI 8189
 
Thank you for your request for information. We will have a response ready
for you within 20 working days of the date you made your request.
 
After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[1]https://ico.org.uk/for-organisations/gui...
 
If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.
 
Yours sincerely
 
FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
t 01622 602640 w [2]www.maidstone.gov.uk
 
 
 

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Complaints & FOI (MBC), Maidstone Borough Council

1 Attachment

Date: 14/08/2019

Ref: FOI 8189

 

 

Dear Ed Boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

I am writing to confirm that the Council has now completed its search for
the information which you requested.

 

A copy of the information is enclosed.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
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

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent

ME15 6JQ

t []01622 602640 w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Complaints & FOI (MBC),

Thank you for confirming that there is no Deed of Arrangement between J E Baring & Co and Maidstone Borough Council that would authorise a council employee, Sheila Coburn Head of Mid Kent Revenues and Benefit Partnership to be able to assign work on an adhoc basis, without a written contract or Deed of Assignment or any arrangement in place with the Council.

Can you please clarify how Sheila Coburn ensures the GDPR and Data Protection Act that protects the rights and fundamental freedoms of natural living persons, that must stringently be enforced and not breached by her giving out private personal data on an adhoc basis to a company that MAIDSTONE BOROUGH COUNCIL has no contract with or a Deed of Arrangement in place to protect those rights.

What position and powers does Sheila Coburn hold to ensure that there are no breaches, is she a Data Controller or a Data Processor and how does she assign this data to her Agents, who are not employees of the Council and any third party/sub-contractors.

Please also confirm which legal entity has been paid after being granted work by Sheila Coburn personally, how is it possible for the Council to pay funds to a dormant company. Can you also clarify that she is an employee of Maidstone Borough Council when granting this work or is the billing authority a separate legal entity.

J E BARING & CO LTD a dormant company (that do not appear to have filed any financial trading accounts) incorporated 25.1.2013 - 29.3.2016 then voluntary struck off after an application was made on 16.12.2015 by MR ALLAN JAMES HOOPER (4.09.1965) and MR BRADLEY KEITH BLOOM (3.05.1968) registered office address First Floor, 63-66 Hatton Garden, London.

J E BARING LTD a active company recently incorporated by the same directors on 8 August 2019 registered office address 3rd Floor, Lawford House, Albert Place, London.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce
 
FREEDOM OF INFORMATION ACT REQUEST
 
Ref: FOI 8264
 
Thank you for your request for information. We will have a response ready
for you within 20 working days of the date you made your request.
 
After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[1]https://ico.org.uk/for-organisations/gui...
 
If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.
 
Yours sincerely
 
FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
t 01622 602640 w [2]www.maidstone.gov.uk
 
 

show quoted sections

Complaints & FOI (MBC), Maidstone Borough Council

1 Attachment

  • Attachment

    FOI 8264 Response Sheila Coburn J E Baring and Co and Data Protection.pdf

    59K Download View as HTML

Date: 11/09/2019

Ref: FOI 8264

 

 

Dear Ed Boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

I am writing to confirm that the Council has now completed its search for
the information which you requested.

 

A copy of the information is enclosed.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
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

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent

ME15 6JQ

t []01622 602640 w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Complaints & FOI (MBC),

Thank you for confirming that Sheila Coburn is an employee of Maidstone Borough Council who shares private and confidential data relating to natural persons without being a Data Processor herself, to outside contractor agents J E Baring & Co ( according to their website 'J E Baring & Company' not and Co as you have stated) that you say is a partnership, so which legal entity are the council paying, the partnership or the company under the Local Authorities (Contractung Out of Tax Billing, Collection and Endorsement Functions) Order 1996.

How is it possible to contract out your functions without a contract in place with your contractors.

What are the enforcement functions the council contract out to these contractor /agents through Sheila Coburn and which legal entity does the council pay , the partnership or the limited company?

Who is the Data Controller that has authorised Sheila Coburn to access and assign the private data of natural individual persons to these outsourced contractors and further agents without a contract being in place and on an adhoc basis.

What procedures are put in place to share private data of natural living persons if the council has neither a contract or deed of arrangement in place to protect their rights and fundamental freedoms under the Data Protection Act 2018 and GDPR.

Yours sincerely,

Ed Boyce

Ed Boyce left an annotation ()

The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996

Functions of local authorities
3. The functions of an authority conferred by or under the Act and the Regulations in relation to the administration and enforcement of council tax may, to the extent provided for in this Part and subject to the provisions of Part VIII and article 73 of this Order, be exercised by, or by the EMPLOYEES of, such person (if any) as may be authorised to exercise them by the authority whose functions they are.

Dear Complaints & FOI (MBC),

Please answer the points in the follow up sent on the 15.09.2019 because it is crucial to know that private data and information of natural individual persons (especially data and information on children) is not being shared with those who have no lawful right to it.

Without knowing what legal entity the council are paying, it is virtually impossible to know if all the correct procedures and protections have been followed that are put in place to ensure only authorised persons have access to their data and information and who must be properly authorised to carry out functions on the council's behalf.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

We pay J E Baring & Co. We refer to them as J E Baring & Co because this is how the refer to themselves, which can be seen on their website: https://jebaring.co.uk/. Their website also provides their SRA ID: 46559. J E Baring & Co are registered under the name J E Baring LTD.

We have already explained that we use J E Baring & Co for bankruptcy proceedings. We pay J E Baring & Co (registered as J E Baring LTD).

We have already explained that Maidstone Borough Council is the Data Controller. Maidstone Borough Council authorises Sheila Coburn to pass customers' data to J E Baring & Co.

Both Maidstone Borough Council and J E Baring & Co operate under the Data Protection Act 2018 and GDPR.

Yours sincerely

Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

show quoted sections

Dear Complaints & FOI (MBC),

Thank you for confirming that under the Local Authorities (Contracting Out of Tax Billing, Collection and Endorsement Functions) Order 1996 Maidstone Borough Council is instructing and paying your contractor J E Baring & Co as a limited company registered on Companies House as J E Baring Ltd and not as a partnership (solicitors firm) and without a contract or deed of assignment in place to instigate bankruptcy as enforcement proceedings under the Act . Is this correct?

As I am sure you are aware companies and partnerships have different tax implication etc and the council have not still not addressed the points raised on 15.9.2019.

Has Maidstone Borough Council also previously instructed and paid their former limited company J E Baring & Co Ltd a dormant company incorporated 25.1.2013 - 29.3.2016 that does not appear to have filed any financial trading accounts and was voluntary struck off after and application was made to Companies House on 16.12.2015, because you have not provided any clarification as to how the council is managing to pay funds to a dormant company, that you have no contract with.

Is Sheila Coburn a Data Processor and who is the Data Controller (Maidstone Borough Council is not the Data Controller but must have a person responsible as a Data Controller ) that authorised her to share private data and information of natural individual persons with the company J E Baring Ltd and previous company J E Baring & Co Ltd and with further agent (sub-contractors) who are not employees of either of these companies.

Please refer to: The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 section 3. Functions of local authorities.

Are the agents sub-contractors, employees of your contractor J E Baring Ltd (trading as J E Baring & Co, that you say is how they refer to themselves on there website), if they are not, then under whose authority did they receive the right to have access to anyone's private data and who within Maidstone Borough Council gave them authorisation under the Data Protection Act 2018 and GDPR.

How is it possible to share any natural person's data or information with a company you have no contract or deed of assignment with, and without naming the person within that company ( J E Baring & Co ) the council is claiming has been authorised by your un-named Data Controller, to enable a Data Processor to access and share this valuable data and information belonging to natural living individuals whose fundamental rights and freedoms must be strictly protected, by at least a contract or deed of assignment authorising a transfer to only those lawfully entitled.

Please define what you mean by Sheila Coburn passes on "customers data" to a limited company , are you saying that these natural individual persons that you share the data of, are the council's customers; please define "customer".

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Date: 24/09/19
 
 
Dear Ed Boyce
 
FREEDOM OF INFORMATION ACT REQUEST
 
Ref: FOI/660
 
Thank you for your request for information. We will have a response ready
for you within 20 working days of the date you made your request.
 
After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[1]https://ico.org.uk/for-organisations/gui...
 
If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.
 
Yours sincerely
 
FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
t 01622 602640 w [2]www.maidstone.gov.uk
 
 

show quoted sections

Ed Boyce left an annotation ()

LOCAL GOVERNMENT TRANSPARENCY CODE 2015
1. This Code is issued to meet the Government's desire to place more power into citizens' hands to increase democratic accountability and make it easier for local people to contribute to the local decision making process and help shape public services.
Transparency is the foundation of the local accountability and the key that gives people tools and information they need to enable them to play a bigger role in society ...

8. Fraud can thrive where decisions are not open to scrunity and details of spending, contracts and service provision are hidden from view. Greater transparency, and the provisions in this Code, can help combat fraud.

https://assets.publishing.service.gov.uk...

Complaints & FOI (MBC), Maidstone Borough Council

1 Attachment

Date: 14/10/2019

Ref: FOI/660

 

 

Dear Ed Boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

I am writing to confirm that the Council has now completed its search for
the information which you requested.

 

A copy of the information is enclosed.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
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

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent

ME15 6JQ

t []01622 602640 w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Maidstone Borough Council Complaints & FOI (MBC),

Thank you for confirming that Maidstone Borough Council are not instructing and have not been paying these companies J E Baring & Co Ltd or J E Baring Ltd to enforce council tax using bankruptcy proceedings but are instructing and paying J E Baring & Co a solicitors partnership as Maidstone Borough Council's contractor albeit without a contract in place under The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 and who carry out their Data Protection functions under section 71 to hold, store and share data with sub-contractor agents.

What part of The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 are your external solicitors' partnership instructed under without a contract in place, when a contractor requires a written contract to enable them to operate that must be signed by both parties and this also applies to sub-contractors.

Are their agent sub-contractors, employees of your external solicitors' partnership firm J E Baring Co if not , then under what authority from the council do they rely to have the right to have access to a natural individual person's private data or information to instigate bankruptcy proceedings for the enforcement of council tax under The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996.

So far Maidstone Borough Council have failed to provide any authority to share any natural person's data or information with your external solicitors firm (a partnership) or their out-sourced agent/sub-contractors without any arrangement or deed of assignment of authorisation in place that would enable council staff to share any data or information under the Data Protection 2018 Act or GDPR, please state what the council relies on to lawfully override their fundamental rights and freedoms without consensual authority or are you presuming that your 'customer' has given their consent. To be clear this is a request for all recorded information that the council is required to hold by law.

Once again please answer, who is the named officer assigned with the responsibility of Data Controller within Maidstone Borough Council that authorises private data and information to be passed to a council employee Data Processor Officer Sheila Coburn (Head of Mid Kent Revenues and Benefits Partnership) who is authorised to pass this private data and information to the partners (solicitors) within J E Baring & Co, which partner is authorised by the Data Controller Officer to receive this data/ information from Maidstone Borough Council under the Data Protection Act 2018 and GDPR.

Are Maidstone Borough Council stating that Sheila Coburn is not a Data Processor Officer for Maidstone Borough Council or as Head of Mid Kent Revenues and Benefits Partnership that is presumed to be part of the council rather than a separate legal entity, if this is not correct, please provide further clarification as to what relationship this partnership has with your external solicitors' firm partnership and Sheila Coburn's role in data/information sharing.

And thank you for providing clarification, that Maidstone Borough Council declares your customers to be anyone who receives a service or comes into contact with your council, please clarify further are you saying that the council are operating under The Consumer Rights Act 2015 or that your customers do not have these rights protected, in particular when they are forced to pay in advance and against their will for your services and that they have not explicitly requested?

This is not a new request and is only seeking clarification to the answers Maidstone Borough Council have previously given that appear contrary to the law and when the Local Government Transparency Code 2015 makes it clear that transparency is the foundation of local accountability and that fraud can thrive where decisions are not open to scrunity and details of spending, contracts and service provisions are hidden from view and that greater transparency, and provisions in the Code, can help combat fraud.

Yours sincerely,

Ed Boyce

Ed Boyce left an annotation ()

If Maidstone Borough Council does not have a cross-border element how are they managing through their external solicitors Bradley Keith Bloom SRA ID 259161 and Allan James Hooper SRA ID 205691 a solicitors partnership firm J E Baring & Co SRA ID 46559 to obtain a Bankruptcy Order on Debtor's Petition Form 6.30 , Settlement and content of Bankruptcy Order Rule 6.45, Certificate of summary administration Rules 6.48.

'And the court being satisfied that the EC Regulation does apply and that these proceedings are Main proceedings as defined in Article 3 of the regulation.'

Dear Complaints & FOI (MBC),

Maidstone Borough Council have given out conflicting information regarding your external contractors and have confirmed on 17.9.2019 that J E Baring & Co are registered and paid under their company name J E Baring Ltd then on 14.10.2019 the council reviewed its answer and now claims that they do not pay J E Baring Ltd which is a limited company but instead have been paying J E Baring & Co that is referred to within their website as J E Baring & Company, so what type of company have Maidstone Borough Council been paying and has the council been paying a Mr Allan Hooper listed as a manager for J E Baring & Co a non-limited business.

It had been determined that an offence has occurred contrary to section 77 of the FOIA , you may wish to review or even add supplementary information to any answers provided to date, please frame your answers in a suitable format for the ICO.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce
 
What part of The Local Authorities (Contracting Out of Tax Billing,
Collection and Enforcement Functions) Order 1996 are your external
solicitors' partnership instructed under without a contract in place, when
a contractor requires a written contract to enable them to operate that
must be signed by both parties and this also applies to sub-contractors.
 
Article 26 relates to 'authorisation' given.
 
Are their agent sub-contractors, employees of your external solicitors'
partnership firm J E Baring Co if not , then under what authority from the
council do they rely to have the right to have access to a natural
individual person's private data or information to instigate bankruptcy
proceedings for the enforcement of council tax under The Local Authorities
(Contracting Out of Tax Billing, Collection and Enforcement Functions)
Order 1996.
 
Under Section 14(2) of the FOI Act, a public authority does not have to
comply with a request which is identical, or substantially similar to a
previous request submitted by the same individual, unless a reasonable
period has elapsed between those requests. We have already explained in
our response to FOI/660 that J E Baring & Co are instructed by Maidstone
Borough Council in accordance with the Council Tax (Administration &
Enforcement) Regulations 1992.
 
So far Maidstone Borough Council have failed to provide any authority to
share any natural person's data or information with your external
solicitors firm (a partnership) or their out-sourced agent/sub-contractors
without any arrangement or deed of assignment of authorisation in place
that would enable council staff to share any data or information under the
Data Protection 2018 Act or GDPR, please state what the council relies on
to lawfully override their fundamental rights and freedoms without
consensual authority or are you presuming that your 'customer' has  given
their consent.  To be clear this is a request for all recorded information
that the council is required to hold by law.
 
Under Section 14(2) of the FOI Act, a public authority does not have to
comply with a request which is identical, or substantially similar to a
previous request submitted by the same individual, unless a reasonable
period has elapsed between those requests. We have explained in our
response to FOI 8264 that The Local Authorities (Contracting Out of Tax
Billing, Collection and Enforcement Functions) Order 1996 allows this to
be done.
 
Once again please answer, who is the named officer assigned with the
responsibility of Data Controller within Maidstone Borough Council that
authorises private data and information to be passed to a council employee
Data Processor Officer Sheila Coburn (Head of Mid Kent Revenues and
Benefits Partnership)  who is authorised to pass this private data and
information to the partners (solicitors) within J E Baring & Co, which
partner is authorised by the Data Controller Officer to receive this data/
information from Maidstone Borough Council under the Data Protection Act
2018 and GDPR.
 
Are Maidstone Borough Council stating that Sheila Coburn is not a Data
Processor Officer for Maidstone Borough Council  or as Head of Mid Kent
Revenues and Benefits Partnership that is presumed to be part of the
council rather than a separate legal entity, if this is not correct,
please provide further clarification as to what relationship this
partnership has with your external solicitors' firm partnership and Sheila
Coburn's role in data/information sharing.
 
Under Section 14(2) of the FOI Act, a public authority does not have to
comply with a request which is identical, or substantially similar to a
previous request submitted by the same individual, unless a reasonable
period has elapsed between those requests. We have explained in our
response to FOI 8264 that the Data Controller is not a person, Maidstone
Borough Council is the Data Controller. We have also explained in our
response to FOI 8264 that Sheila Coburn’s position is Head of Mid Kent
Revenues and Benefits Partnership. Her role covers the billing, collection
and enforcement of Council Tax. Maidstone Borough Council is the Data
Controller. J E Baring and Co is the Data Processor.
 
And thank you for providing clarification, that Maidstone Borough Council
declares your customers to be anyone who receives a service or comes into
contact with your council,  please clarify further are you saying that the
council are operating under The Consumer Rights Act 2015 or that your
customers do not have these rights protected, in particular when they are
forced to pay in advance and against their will for your services and that
they  have not explicitly requested?
 
The Council does not operate under The Consumer Rights Act 2015. Council
Tax is a statutory tax payable by residents/owners.
 
Yours sincerely
 
FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [1][email address] w [2]www.maidstone.gov.uk
 
 
 
 

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Ed Boyce please sign in and let everyone know.