Missing correspondence/documents re Popla/BPA/Nick Lester (FoI request #170856)

Steve Baker made this Freedom of Information request to London Councils

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear London Councils,

Request #1

I refer you to the following Freedom of Information (FoI) request (link below) to which you assigned the reference #170856 (see your letter to Mr Peacock dated 27 August 2013).

https://www.whatdotheyknow.com/request/p...

Within FoI request #170856 there is reference to an earlier FoI request, reference #S-2013-15, where similar information had previously been requested and provided.

There are documents that were provided pursuant to FoI request reference #S-2013-15 that were not provided pursuant to FoI request reference #170856. Please provide the missing correspondence/documents (listed below for ease of reference), together with an updated “Final Spreadsheet BPA correspondence” as provided with replies to FoI request reference #S-2013-15.

Missing documents/correspondence

E42
E45 + enclosure
N3
N4
N12
N20
N21 + enclosure
N54
N59
N71

Request #2

Please provide copies of all correspondence between London Councils' officers and representatives, both internal and with any other party (including the BPA Ltd., Patas, Popla and other BPA Ltd. members) regarding exclusion of the above named missing documents/correspondence.

Yours faithfully,

Stephen Baker

FOI-DPA Complaints, London Councils

Dear Mr Baker,

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST – REFERENCE
S-2013-67

 

I acknowledge your request for information received on 7 December 2013.

 

Your request is being considered and we will reply to you within the
statutory timescale of 20 working days, ie. before or on 8 January 2013.

 

There may be a fee payable for the information you have requested. If this
is the case we will let you know the likely charges before proceeding.

 

All correspondence relating to requests for information from London
Councils under the Freedom of Information Act 2000 should be sent to
[1][email address]. If you have any queries or
concerns, please contact me through this email address.

 

Further information about the Freedom of Information Act is available from
the Information Commissioner at: [2]www.informationcommissioner.gov.uk.

 

Yours sincerely,

 

John Erde

 

 

John Erde

Corporate Complaints & FOI Officer

[3][email address]

 

London
Councils                                                                                                                

59½ Southwark Street

London SE1 0AL

Direct line: 020 7934 9753

 

[4]www.londoncouncils.gov.uk

Follow us on Twitter: @londoncouncils

 

London Councils represents all 32 London boroughs and the City of London.

 

Find out more about what we do:

[5]Policy and lobbying | [6]Events | [7]Services

 

 

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FOI-DPA Complaints, London Councils

2 Attachments

Dear Mr Baker,

 

Please find attached a response to your request for information, reference
S-2013-67.

 

Yours sincerely,

 

John Erde

 

 

John Erde

Corporate Complaints & FOI Officer

[1][email address]

 

London
Councils                                                                                                                

59½ Southwark Street

London SE1 0AL

 

[2]www.londoncouncils.gov.uk

Follow us on Twitter: @londoncouncils

 

London Councils represents all 32 London boroughs and the City of London.

 

Find out more about what we do:

[3]Policy and lobbying | [4]Events | [5]Services

 

References

Visible links
1. mailto:[email address]
2. http://www.londoncouncils.gov.uk/
3. http://www.londoncouncils.gov.uk/policyl...
4. http://www.londoncouncils.gov.uk/events/...
5. http://www.londoncouncils.gov.uk/service...

Dear London Councils,

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

I am writing to request an internal review of London Councils's handling of my FOI request 'Missing correspondence/documents re Popla/BPA/Nick Lester (FoI request #170856)'.

I am of the opinion that London Councils has applied exemptions inappropriately. London Councils has a duty of care to be open and transparent and in this case I believe it has failed in that duty. Consequently, I wish to bring this to the attention of the ICO, but must give recourse to due process by requesting an internal review.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

Stephen Baker

Dear FOI-DPA Complaints,

Further to my request for an internal review I would like you to also review the reply given to my request #2.

I ask in particular that you undertake a thorough search, particularly, but not exclusively, of correspondence between the person who conducted the review of FoI request number S-2013-15 (Christiane Jenkins) and any other party, and also of correspondence between Mr Nick Lester and any other party.

Yours sincerely,

Stephen Baker

FOI-DPA Complaints, London Councils

Dear Mr Baker,

 

I acknowledge your request for an internal review of your request for
information. We will endeavour to respond within 20 working days, i.e. on
or before 22 January 2014. However, if the review is complex or requires
wider than usual consultation, it may be necessary to extend this
deadline. If this is the case, and your review cannot be completed in the
shorter timeframe, we will inform you of this.

 

If you are still not content with our response to your request for
information upon completion of our internal review, you can write to the
Information Commissioner. The Information Commissioner can be contacted
at: Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely,

 

John Erde

 

 

John Erde

Corporate Complaints & FOI Officer

[1][email address]

 

London
Councils                                                                                                                

59½ Southwark Street

London SE1 0AL

 

[2]www.londoncouncils.gov.uk

Follow us on Twitter: @londoncouncils

 

London Councils represents all 32 London boroughs and the City of London.

 

Find out more about what we do:

[3]Policy and lobbying | [4]Events | [5]Services

 

 

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FOI-DPA Complaints, London Councils

1 Attachment

Dear Mr Baker

Please find attached an internal review of your information request - reference S-2013-67.

Kind regards, Ana Gradiska

Ana Gradiska
Acting FOI and Complaints Manager
[email address]

London Councils
59½ Southwark Street
London SE1 0AL
Direct line: 020 7934 9781

www.londoncouncils.gov.uk
Follow us on Twitter: @londoncouncils

London Councils represents all 32 London boroughs and the City of London.

Find out more about what we do:
Policy and lobbying | Events | Services

show quoted sections

FOI-DPA Complaints, London Councils

Dear Mr Baker,

 

I am writing with regards to your complaint regarding your request for
information reference S-2013-67. Your complaint is currently being
investigated by the Information Commissioner. I am writing to let you know
that an additional exemption applies to part of one of the documents that
you have requested, reference N12. We should have informed you of the
application of this exemption when we first responded to your request, and
I apologise for this error.

 

We consider that an email in the thread in N12 is exempt from disclosure
by virtue of section 41 of the FOIA. This email was sent from an officer
of the BPA to London Councils in the expectation that the information
(which has the necessary quality of confidence, not being trivial in
nature and not being readily available to the public by other means) would
only be used or disclosed in accordance with the wishes of the confider. 
Disclosure of the information would give rise to a breach of confidence
which would be actionable. The section 41 exemption is an absolute
exemption and not subject to the public interest test.

 

To clarify our response to your request, we consider that the only
document which you have requested which is held by London Councils for the
purposes of the Freedom of Information Act 2000 is N12. The whole of this
document is exempt from disclosure. Part of this document is exempt by
virtue of section 40(2) (personal information), which we have explained to
you previously), and the rest of the document is exempt by virtue of
section 41 (information provided in confidence).

 

Yours sincerely,

 

John Erde

 

John Erde

Corporate Complaints & FOI Officer

[1][email address]

 

London
Councils                                                                                                                

59½ Southwark Street

London SE1 0AL

 

[2]www.londoncouncils.gov.uk

Follow us on Twitter: @londoncouncils

 

London Councils represents all 32 London boroughs and the City of London.

 

Find out more about what we do:

[3]Policy and lobbying | [4]Events | [5]Services

 

References

Visible links
1. mailto:[email address]
2. http://www.londoncouncils.gov.uk/
3. http://www.londoncouncils.gov.uk/policyl...
4. http://www.londoncouncils.gov.uk/events/...
5. http://www.londoncouncils.gov.uk/service...

Steve Baker left an annotation ()

This request is now the subject of a complaint to the Information Commissioner.

FOI-DPA Complaints, London Councils

2 Attachments

Dear Mr Baker,

 

Please find attached correspondence relating to your FOI request reference
S-2013-67.

 

Yours sincerely,

 

John Erde

 

John Erde

Corporate Complaints & FOI Officer

[1][email address]

 

London
Councils                                                                                                                

59½ Southwark Street

London SE1 0AL

 

[2]www.londoncouncils.gov.uk

Follow us on Twitter: @londoncouncils

 

London Councils represents all 32 London boroughs and the City of London.

 

Find out more about what we do:

[3]Policy and lobbying | [4]Events | [5]Services

 

THIS E-MAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY
PRIVILEGED. If you are not the addressee, any disclosure, reproduction,
copying, distribution or other dissemination or use of this communication
is strictly prohibited. If you have received this transmission in error
please notify the sender immediately and then delete this e-mail.
Opinions, advice or facts included in this message are given without any
warranties or intention to enter into a contractual relationship with
London Councils unless specifically indicated otherwise by agreement,
letter or facsimile signed by a London Councils authorised signatory. Any
part of this e-mail which is purely personal in nature is not authorised
by London Councils. All e-mail through the London Councils gateway is
potentially the subject of monitoring. All liability for errors and
viruses is excluded. Please note that in so far as London Councils falls
within the scope of the Freedom of Information Act 2000 or the
Environmental Information Regulations 2004, it may need to disclose this
e-mail. Website: www.londoncouncils.gov.uk

References

Visible links
1. mailto:[email address]
2. http://www.londoncouncils.gov.uk/
3. http://www.londoncouncils.gov.uk/policyl...
4. http://www.londoncouncils.gov.uk/events/...
5. http://www.londoncouncils.gov.uk/service...

Dear London Councils,

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

I am writing to request an internal review of London Councils's handling of my FOI request 'Missing correspondence/documents re Popla/BPA/Nick Lester (FoI request #170856)'.

Further to the partial refusal notice contained in your letter dated 14 October 2014, I ask that you review your decision to withhold certain information contained in each of the disclosed documents (including E41 and enclosure which has not been provided despite the Information Commissioner's order), pursuant to sections 40(2) (third party personal data), section 41 (information provided in confidence) and section 43(2) (commercial interests) of the Freedom of Information Act 2000 (FOIA).

Also, please confirm by return that the refusal to supply document N45 and enclosure is in fact a refusal to provide document E45 and enclosure. Failure to immediately clarify this point may result in a complaint to the Information Commissioner for failure to provide the information pursuant to his order.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

Stephen Baker

FOI-DPA Complaints, London Councils

Dear Mr Baker,

 

I acknowledge your request for an internal review of your request for
information. We will endeavour to respond within 20 working days, i.e. on
or before 14 November 2014. However, if the review is complex or requires
wider than usual consultation, it may be necessary to extend this
deadline. If this is the case, and your review cannot be completed in the
shorter timeframe, we will inform you of this.

 

If you are still not content with our response to your request for
information upon completion of our internal review, you can write to the
Information Commissioner. The Information Commissioner can be contacted
at: Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

 

I can confirm that documents E45 and enclosure have been withheld by
virtue of sections 41 and 43(2) of the FOIA and not document N45 as I
wrote in my letter of 14 October 2014. This was a typographical error.

 

Yours sincerely,

 

John Erde

 

 

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FOI-DPA Complaints, London Councils

3 Attachments

Dear Mr Baker,

 

I am sending the internal review of your request for information on behalf
of my colleague Emily Salinger. Please find attached.

 

Yours sincerely,

 

John Erde

 

 

John Erde

Corporate Complaints & FOI Officer

[1][email address]

 

London
Councils                                                                                                                

59½ Southwark Street

London SE1 0AL

 

[2]www.londoncouncils.gov.uk

Follow us on Twitter: [3]@londoncouncils

 

London Councils represents all 32 London boroughs and the City of London.

 

Find out more about what we do:

[4]Policy and lobbying | [5]Events | [6]Services

 

THIS E-MAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY
PRIVILEGED. If you are not the addressee, any disclosure, reproduction,
copying, distribution or other dissemination or use of this communication
is strictly prohibited. If you have received this transmission in error
please notify the sender immediately and then delete this e-mail.
Opinions, advice or facts included in this message are given without any
warranties or intention to enter into a contractual relationship with
London Councils unless specifically indicated otherwise by agreement,
letter or facsimile signed by a London Councils authorised signatory. Any
part of this e-mail which is purely personal in nature is not authorised
by London Councils. All e-mail through the London Councils gateway is
potentially the subject of monitoring. All liability for errors and
viruses is excluded. Please note that in so far as London Councils falls
within the scope of the Freedom of Information Act 2000 or the
Environmental Information Regulations 2004, it may need to disclose this
e-mail. Website: www.londoncouncils.gov.uk

References

Visible links
1. mailto:[email address]
2. http://www.londoncouncils.gov.uk/
3. http://www.twitter.com/londoncouncils
4. http://www.londoncouncils.gov.uk/policyl...
5. http://www.londoncouncils.gov.uk/events/...
6. http://www.londoncouncils.gov.uk/service...

Steve Baker left an annotation ()

Matter referred to ICO