Dear Mr Cassidy

Thank you for your email dated 22 February 2009, in which you have
requested information in respect of, amongst other things, the National
Audit consultation Section 25, Management of Asylum Application.

We are considering your request under the terms of the Freedom of
Information Act 2000, and hope to respond within the statutory 20 working
days.

In some circumstances a fee may be payable and if that is the case, either
myself or a colleague will let you know the likely charges before
proceeding.

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

Yours sincerely

Chris Tanriverdi

Paralegal

Democratic & Legal Services

Chief Executives's Department

5th Floor South Side, Taberner House

Park Lane, Croydon CR9 3JS

Tel : 020 8726 6000 Ext: 63833

Fax: 020 8407 1322

Faxination:020 8633 9664

Email: [1][email address]

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

Major Exhibition comes to Croydon. The Hidden Treasures from the Mary Rose
opens 7 April until 7 August 2009. For more information
[2]www.maryrosehiddentreasures.org

Please use this web site address to view the Council's E-Mail disclaimer -
[3]Croydon Council disclaimer

References

Visible links
1. mailto:[email address]
2. http://www.maryrosehiddentreasures.org/
3. http://www.croydon.gov.uk/disclaimer/ema...

I am away from the office returning on Monday 27 Aprill 2009. I will
respond to your email on my return.If the matter is urgent and cannot wait
until my return, please contact my Line Manager Michelle Hughes on Ext
61964.

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

For practical advice on how to deal with the recession visit
[1]www.croydoncrunch.com

Please use this web site address to view the Council's E-Mail disclaimer -
[2]Croydon Council disclaimer

References

Visible links
1. http://www.croydoncrunch.com/
2. http://www.croydon.gov.uk/disclaimer/ema...

Dear Mr Cassidy

I write regarding your Freedom of Information (FOI) request contained in
your email of 22 February 2009 in which you requested copies of
consultation papers submitted by Croydon Council to the National Audit
Office relating to "unaccompanied asylum-seeking children". Unfortunately,
you did not receive a response to your request within the statutory
deadline of 20 working days which has lead to your request for an internal
review of your FOI request. You have also made a complaint to the
Information Commissioner's Office.

I must apologise that you have not received a substantive response to your
request. I understand that on 23 April 2009, Mr Derby informed you that
the Council would be unable to respond to your FOI request within the
statutory deadline due to the fact that the officer who had lead
responsibility for the consultation with the Home Office was no longer
with the Council. Nevertheless, pursuant to its obligations under the
Freedom of Information Act 2000 (FOIA), the Council accepts it has a duty
to conduct a search of it's records (particularly the officer's email and
folders) to provide you with all documents held by the Council (subject to
applicable exemptions). To ensure this was done we made contact with the
officer and eventually were able to retrieve documents relating to the
consultation and have provided these to you.

Section 1(1) of FOIA provides that any person making a request for
information to a public authority is entitled to be informed in writing by
the public authority whether it holds information of the description
specified. Section 10 goes on to provide that a "public authority must
comply with section 1(1) promptly and in any event not later than the
twentieth working day following the date of receipt" of the request.

The Council has previously informed you as to why it was unable to comply
with the request within the relevant period. When an employee leaves the
Council it is normally expected that there will be a managed handover of
work. I accept that it appears this did not happen in respect of the
information which you seek as a consequence of which the Council could not
comply with its statutory obligations and for which I would offer the
Council's apologies.

As regards a response to your original request, I confirm that the Council
holds information relating to the consultation papers submitted by Croydon
Council to the National Audit Office relating to "unaccompanied
asylum-seeking children". However, Section 36 of the FOIA sets out an
exemption from the right to know if the disclosure of information, in the
reasonable opinion of a qualified person, would prejudice the effective
conduct of public affairs through inhibition or likely inhibition of the
free and frank provision of advice or exchange of views or any other
prejudice to the effective conduct of public affairs. In this respect I
have looked at the consultation papers and have considered the discussion
process undertaken by officers of the Council in providing the
consultation papers to the National Audit Office and the Home Office. I am
satisfied that there is clear, specific and credible evidence from these
documents that the substance or quality of deliberations or advice would
be materially altered for the worse by the threat of disclosure under
FOIA. I also consider that if information and documents formulated from
such discussions are made available to the public it will restrain,
decrease or suppress the freedom, openness and honesty with which opinions
or options are explored and expressed when deliberating or providing
advice.

In considering whether to apply the s.36 exemption I have gone on to
consider whether the public interest in disclosing the information
outweighs the public interest in withholding it. I believe disclosure of
the information would prejudice the Council's ability to offer an
effective public service as it needs to be able to enter discussions in
confidence with the Home Office in relation to future planning and that it
would also prevent the Council from meeting its wider objectives in
relation to achieving value for money, positive outcomes for children
looked after and promoting community cohesion.

I have therefore come to the conclusion that the Council is unable to
disclose the documents to you.

If you feel that the Council has not dealt with your request properly you
may wish to contact the Information Commissioner in writing at:

The Information Commissioner,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire SK9 5AF.

Yours sincerely

Gabriel Macgregor

Head of Legal Services (Corporate)

Democratic & Legal Services

Chief Executive's Office

London Borough of Croydon

Taberner House

Park Lane

Croydon

CR9 3JS

Tel: 020 8726 6000 x64036

Faxination No: 020 8633 9635

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

For practical advice on how to deal with the recession visit
[1]www.croydoncrunch.com

Please use this web site address to view the Council's E-Mail disclaimer -
[2]Croydon Council disclaimer

References

Visible links
1. http://www.croydoncrunch.com/
2. http://www.croydon.gov.uk/disclaimer/ema...