Kieron Hadlington

Dear Derby City Council,
Please treat the following as a Freedom of Information request and where possible provide answers/documents electronically:

Could you supply the following information about the Water Fountain in Derby City Centre's Market Place:

1) Any correspondence (including emails) and/or feasibility reviews on the re-instatement of the above water fountain.
2) The costs of manufacturing and installing of a new gate to prevent the public accessing the upper level of the water fountain (as documented in this news report: http://www.derbytelegraph.co.uk/news/der...
3) Any accident or incident report documents held by Derby City council relating to the above water fountain for the year 2017.

If the time taken exceeds the maximum limit please reduce the information within the allowed limits

Kind Regards,
--
Kieron

FOI, Derby City Council

This is acknowledgement that your e-mail has been received by the Freedom
of Information team.  We will respond to you as soon as possible.

 

If you are making a Freedom of Information request you will receive a
response within the statutory 20 working day timescale.

 

Freedom of Information Team | Governance & Assurance | Resources
Directorate| Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

Proud of Derby

 

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[2]derby.gov.uk/news

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FOI, Derby City Council

I acknowledge your request for information received on 7th December
2017about Water Fountain in Derby City Centre's Market Place.

Your request is being considered and you will receive the information
requested as soon as possible, but in any case by 9^th January 2018 the
statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000 (FOI) unless the information requested is subject to
a statutory exemption on disclosure or the information contains reference
to a third party.

 

For your information, the Act defines a number of exemptions, which may
prevent release of the information you have requested. Some exemptions are
subject to a public interest test. There will be an assessment and if any
of the exemption categories apply and any relevant public interest test is
weighed in favour of withholding the information it will not be released.
You will be informed if this is the case, including your rights of appeal.

 

If the information you request contains reference to a third party then
they may need to be consulted before a decision is taken on whether the
information can be released to you. You will be informed if this is the
case.

 

There may be a fee payable for supplying the information in the form of
disbursements. This will be calculated and you will be informed if a fee
is payable. The fee must be paid before the information is released and
the 20 working day time limit for responses is suspended until payment is
made. You will have 3 calendar months to submit your payment.

 

If you have any queries or concerns then please contact the

Freedom of Information Officer
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [1][Derby City Council request email]

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700

[2]www.ico.org

Kind regards,

Freedom of Information Team | Organisation & Governance Directorate
| Derby City Council, Council House, Corporation Street, Derby
DE1 2FS| 01332 640763 | [3]www.derby.gov.uk

Proud of Derby

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[4]derby.gov.uk/news

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FOI, Derby City Council

Dear Kieron Hadlington,

Thank you for your request received 7/12/17 under the Freedom of
Information Act 2000 (FOIA) about ‘Water Fountain in Derby City Centre's
Market Place’.

Unfortunately, the Council is unable to identify the information you have
requested from the details in your request.

 

Please clarify the following …

 

Q1. Any correspondence (including emails) and/or feasibility reviews on
the re-instatement of the above water fountain.

Does this relate to getting a solution to allow the fence to be removed?

We won’t be able to deal until you provide the additional information.

The Freedom of Information Act 2000 says that we must comply with your
request for information within 20 working days, from the date following
receipt of your request unless we have to ask for clarification, as in
this case.  The 20 day response deadline clock has stopped from the date
of this email and will start again the next working day after we receive
your response. 

Unfortunately, if we don’t hear from you by 9 January,  we will only
provide any information we hold that we think falls within the scope of
your request or respond ‘Information not held’.  

Please contact us if you have any queries or concerns …
 
Freedom of Information Officer
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [1][Derby City Council request email]

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700

[2]www.ico.org

Yours sincerely,

Freedom of Information Team | Organisation and Governance Directorate |
Derby City Council | The Council House| Corporation Street |Derby | DE1
2FS |Tel: [3]01332 640763 | minicom number: [4]01332
256666 | [5]www.derby.gov.uk

 

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[6]derby.gov.uk/news

[7][IMG]

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Kieron Hadlington

Dear FOI Team at Derby City Council,
In response to the further clarification asked:

"Q1. Any correspondence (including emails) and/or feasibility reviews on
the re-instatement of the above water fountain.

Does this relate to getting a solution to allow the fence to be removed?"

If the time permitted can include this information in the freedom of information request then yes. If this will take you over the threshold then no. Ideally I would like to prioritise the information related to the feasibility of having the fountain operationally working again as opposed to having a fence removed.

If you need further clarification, please do not hesitate to get in touch.

Yours sincerely,
Kieron

FOI, Derby City Council

This is acknowledgement that your e-mail has been received by the Freedom
of Information team.  We will respond to you as soon as possible.

 

If you are making a Freedom of Information request you will receive a
response within the statutory 20 working day timescale.

 

Freedom of Information Team | Governance & Assurance | Resources
Directorate| Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

Proud of Derby

 

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[2]derby.gov.uk/news

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FOI, Derby City Council

1 Attachment

Dear Kieron Hadlington,

 

Thank you for your request received 7/12/17 under the Freedom of
Information  Act 2000 (FOIA) for ‘Water Fountain in Derby City Centre's
Market Place’.

 

The Council is considering your request and although the Act says we
should disclose information, it also provides exemptions we can use to
withhold information in specific circumstances. 

Some of these exemptions, referred to as ‘qualified exemptions’, are
subject to a public interest test.  This test is used to balance the
public interest in disclosure against the public interest in favour of
withholding the information.

 

In these circumstances the Act allows us to extend the response deadline
by 20 working days to consider the public interest test. 

 

The qualified exemption applied to your request is  …

 

Section 40(2) Personal data third party

 

This exemption applies to the whole request because the ‘correspondence
and emails’ include the name of Council staff/external staff who are below
senior management level and disclosure of their ‘name’ without consent
would be a breach of the Data Protection Act 1998.  The public interest
test will be used to determine whether this information should be withheld
or released.

 

We have extended the 20 working day response period and will let you have
a full response by 6 February 2018 or earlier if possible.

 

You can ask for our decision to be reviewed under the Council’s FOI
Complaints Procedure.  Please send your appeal reasons within 40 working
days to the …

Freedom of Information Officer
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [1][Derby City Council request email]

Further information about Freedom of Information is available from the
Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:   01625 545 700

[2]www.ico.org.uk

 

Yours sincerely,

 

Freedom of Information Team | Organisation and Governance Directorate |
Derby City Council | The Council House| Corporation Street |Derby | DE1
2FS |Tel: [3]+44 (0) 1332 640763 | minicom number: [4]+44 (0) 1332
256666 | [5]www.derby.gov.uk

Proud of Derby

 

[6]cid:image001.png@01D31A81.82FBCDC0

 

You can now visit and subscribe to the Derby Newsroom for Council news and
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[7]derby.gov.uk/news

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Kieron Hadlington

Dear FOI Team Derby City Council,
Thank you for your reply. With regards to the exemption of information comment below:

This exemption applies to the whole request because the ‘correspondence
and emails’ include the name of Council staff/external staff who are below
senior management level and disclosure of their ‘name’ without consent
would be a breach of the Data Protection Act 1998.

Could any personal identifying information be redacted to ensure that information complies with the data protection act 1998? Therefore a public interest test would not be nessecary.

If further time is needed to fulfil the request with the above possibility I’m happy for the date to be extended by a further 20 days to allow for the extra work.

Yours sincerely,
Kieron

FOI, Derby City Council

This is acknowledgement that your e-mail has been received by the Freedom
of Information team.  We will respond to you as soon as possible.

 

If you are making a Freedom of Information request you will receive a
response within the statutory 20 working day timescale.

 

Freedom of Information Team | Governance & Assurance | Resources
Directorate| Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

Proud of Derby

 

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[2]derby.gov.uk/news

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FOI, Derby City Council

Dear Kieron,

We have to do the public interest test because we are applying a qualified exemption to some of the information - Section 40(2) Personal data third party exemption.

Any personal data would be redacted before the information is sent to you.

Elphia Miller| Principal Information Governance Officer (FOI)| Governance and Assurance|Organisation and Governance Directorate|Derby City Council, The Council House, Corporation Street, Derby, DE1 2FS|01332 643231|01332 640666| www.derby.gov.uk

show quoted sections

FOI, Derby City Council

12 Attachments

Dear Kieron,

 

Your request for information has been considered and most of the
information requested is attached.

 

However, in this instance, the following qualified exemptions apply and in
accordance with the Freedom of Information Act 2000, this email acts as
a part Refusal Notice –

 

Section 40(2) Personal data third party by virtue of section 40(3)(a)(i)

 

Under section 40(2) by virtue of section 40(3)(a)(i), personal data of a
third party can be withheld if it would breach any of the data protection
principles to disclose it.  This exemption applies to the names and
contact details of non-senior manager DCC staff and of 3^rd parties. This
is because the information requested is personal data relating to someone
else, and disclosure would breach the first data protection - ‘Personal
data shall be processed fairly and lawfully’.

 

As the exemption is ‘qualified’ we have applied the ‘public interest
test’. This means we have, in all the circumstances of this case,
considered if the public interest in disclosing the information outweighs
the public interest in applying the exemption. We have found that, on
balance, the public interest lies in favour of upholding the exemption.

 

Whilst we accept that releasing this information would reinforce the
Council’s commitment to being an open and transparent organisation,
serving to maintain public confidence in the Council, it would however not
be fair to put this information in the public domain without their
consent.  Disclosure could cause unwarranted harm to the interests of the
individuals given that disclosure under the Freedom of Information Act is
disclosure to the world at large.

 

Section 43(2): Commercial interests

 

This exemption applies because some of the information constitutes a trade
secret or its disclosure would, or would likely to, prejudice commercial
interests.

 

As the exemption is ‘qualified’ we have applied the ‘public interest
test’. This means we have, in all the circumstances of this case,
considered if the public interest in disclosing the information outweighs
the public interest in applying the exemption. We have found that, on
balance, the public interest lies in favour of upholding the exemption.

 

Whilst, there is a public interest in the public being fully informed
about how much the Council is paying for works and the relevant tender
processes it goes through in obtaining quotes for works and that it is as
open and transparent as possible around their commercial activites, to
release the name of the company associated with the specific quote for the
works would give other companies’ in this market a commercial advantage
and would weaken the negotiating position of the company concerned.

 

Supply to you of any material does not give you the right to use it in a
way that breaches the copyright or other intellectual property rights in
that material. For example publishing or otherwise re-using it for
commercial purposes or sending any marketing material or spam emails. You
must get the consent of the copyright owner which may involve the granting
of a licence and the application of a fee.

 

This does not restrict your rights under the fair dealing provisions of
the Copyright, Designs and Patents Act 1988.

 

If you have any queries or concerns or are unhappy with the handling of
your request then please contact:

 

Freedom of Information Officer

Derby City Council

The Council House
Corporation Street
Derby
DE1 2FS

 

Telephone 01332 640763 or e-mail [1][Derby City Council request email]

 

Further information about Freedom of Information is available from the
Information Commissioner at:

 

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:   01625 545 700

[2]www.ico.org.uk

 

 

Yours sincerely,

 

 

Freedom of Information Team | Organisation and Governance Directorate |
Derby City Council | The Council House| Corporation Street |Derby | DE1
2FS |Tel: 01332 640763 | [3]www.derby.gov.uk

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[4]derby.gov.uk/news

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