Mr Anthony Doudle - Chair of Governors BPPS & Head of School Improvement Service: Primary (Islington Council)?

Waiting for an internal review by Brunswick Park Primary School, London of their handling of this request.

Dear Brunswick Park Primary School (BPPS) London,

1) Can you confirm that the BPPS new Chair of Governors, Mr Anthony Doudle, is also the Head of School Improvement Service (Primary) at Islington Council?

2) Who invited Mr Anthony Doudle to provide his Consultancy Support and Services for BPPS and when?

3) How many Board of Governors meetings, and in which capacity, has Mr Anthony Doudle attended? 

4) Can you provide me with all Board of Governors minutes (or a link) from May 2018 - July 2019?

5) Under which cost area of Brunswick Park Primary school's financial budget has Mr Anthony Doudle's Consultancy Support and Services been funded?

6) If not funded by Brunswick Park Primary school's financial budget, who funded Mr Anthony Doudle's Consultancy Support and Services (e.g. the LA)?

7) Does BPPS (or the LA for instance) continue to pay for Mr Anthony Doudle's Consultancy Support and Services?

8) When was Mr Anthony Doudle Co-opted onto the BPPS Board of Governors? 

9) Will Mr Anthony Doudle Register his Interests? Can you provide me with an up-to-date, signed copy of the Register of Governors' Interests?

10) What Services has Mr Anthony Doudle provided to BPPS? (Please list - see link below)
https://www.islingtoncs.org/node/7919

11) What was the cost for each Service Mr Anthony Doudle provided to BPPS in 2018 - 2019? (Please list the Service provided and pricing)

12) What was the total cost of Services provided by Mr Anthony Doudle?

13) Were there any additional costs to BPPS for Mr Anthony Doudle's Consultancy Support and Services (e.g expenses, travel etc)?

14) Can you provide me with the BPPS Annual Financial Statement for 2018 - 19?

Yours faithfully,

Unjum Mirza

Data Services,

Dear Mr Mirza,

Re: Freedom of Information Request

Judicium are responding on the behalf of Susannah Bellingham, Head Teacher of Brunswick Park Primary School.

We acknowledge your Freedom of Information request, sent to Brunswick Park Primary School by email on the 9th September 2019.

As stated in previous correspondence, based on advice given by the ICO we will not be responding to this data request and therefore consider this matter closed.

We should inform you that if you are not satisfied with our decision then you are entitled to make a complaint to the Information Commissioner’s Office in relation to this matter.

Yours sincerely,

Emma Gray
Data Protection Consultant
For and on behalf of Brunswick Park Primary School.

Judicium Education
Tel: 0203 326 9174
Email:[email address]
Web: www.judiciumeducation.co.uk

Judicium Consulting Ltd
72 Cannon Street
London
EC4N 6AE

      
 
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Dear Data Services,

Your response is unacceptable.

As per the correspondence to which you refer: 

On 27 September 2019 you stated: "After a telephone consultation with the ICO...". On 1 October 2019 you stated: "... it was a conversation with their advice line". Now you state (8 October 2019): "... the advice that they provided to Judicium was across several telephone calls".

1) As a data controller, you must have the dates and times you contacted the ICO? Can you please provide, as previously requested, this information to assist with further enquiries with the ICO?

2) Is the Brunswick Park Primary School Leadership exempt from The Nolan Principles? Can you provide a copy of the exemption?

3) Is the Brunswick Park Primary School Leadership exempt from the School Governance (Roles, Procedures and Allowances)(England) Regulations 2013? Can you provide a copy of the exemption?

4) Is the Brunswick Park Primary School Leadership exempt from the Governors' Handbook (2019)? Can you provide a copy of the exemption?

5) If the answers to 2), 3) and 4) above is "No" and "We do not hold an exemption" can you then please provide the information requested (which I emphasise, is Public information)? 

6) Mr Anthony Doudle is the fourth Chair of Governors for Brunswick Park Primary School since 23 May 2018. Does Mr Anthony Doudle aim to evade public accountability and scrutiny by not signing the Governors Register of Interests and stating when he was co-opted onto the Governing Board? If so, does he believe he is fit to be Chair of Governors for Brunswick Park Primary School?

Yours sincerely,

Unjum Mirza

Dear Data Services,

The response to my request has been unnecessarily delayed. By law, you should normally have responded promptly and in term time by 6 November 2019.

Can you please provide me with the information requested?

Yours sincerely,

Unjum Mirza

Data Services,

3 Attachments

Dear Mr Mirza,

 

As aforementioned to you in our previous correspondence, BPPS will not be
responding to this request or any future request where it deems section 14
(1) & (2) of the Freedom of Information Act 2000 to be applicable. BPPS,
in accordance with the ICO guidance of the application of 14 (1) FOIA
2000, have measured this against the request itself, rather than against
yourself as a repeated data requester of either, similar, or identical
information through various channels.

 

In the Information Commissioner vs Devon County Council & Dransfield
[2012] UKUT (AAC), the Upper Tribunal concluded that vexatious  could be
defined as '...manifestly unfounded, inappropriate or improper use of a
formal procedure.'  Furthermore stating that: '...the emphasis should be
on an objective standard and that starting point is that vexatiousness
primarily involves making a request which has no reasonable foundation,
that is, no reasonable foundation for thinking that the information sought
would be of value to the requester or to the public or any section of the
public.'

 

This being the case the ICO in paragraph 22 of their guidance 'suggest
that the key question

the public authority must ask itself is whether the request is likely to
cause a disproportionate or unjustified level of disruption, irritation or
distress.'

 

Therefore, BPPS in consultation with both Judicium, their DPO service, the
the Office of the Information Commissioner’s advice, have decided that the
result of this request is it is likely to cause a disproportionate or
unjustified level of disruption, irritation or distress to the school and
the senior leadership team.

 

This as aforementioned in my colleague, Emma Gray’s communiqué dated 16^th
October, the school have corresponded with you in accordance with the
Freedom of Information Act 2000 to confirm that they have received your
request and then in line with the ICO’s guidance
([1]https://ico.org.uk/media/for-organisatio...)
have confirmed that they will not be responding to this request in line
with their legal obligations and consider this matter resolutely and
finally closed.

 

Should you feel that BPPS have not provided you information when they
should have, we are obliged to inform you that you should make any future
complaints to the Office of the Information Commissioner.

      

Kind regards,

 

Will

 

Will Blanchard BA Hons Dunelm, LLM, LPC, PC.dp. (GDPR)

Data Services Manager

Judicium Education

 

Tel: 0203 326 9174

Email:[email address]

Web: [2]www.judiciumeducation.co.uk

 

Judicium Consulting Ltd

72 Cannon Street

London

EC4N 6AE

 

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Please use this email address for all replies to this request:

[17][FOI #610229 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[18]https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

[19]https://www.whatdotheyknow.com/help/ico-...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
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Dear Data Services,

Your response is unacceptable.

The information requested is not "similar" or "identical" to previous requests. Indeed, how could it be? Mr Anthony Doudle has only just recently been appointed Chair of Governors at Brunswick Park Primary school following the resignation of Mrs Jane Bailey in September 2019

Your previous alleged "consultation"/"conversation" with the ICO has altered again: this time you rely on ICO guidiance with general reference to application 14 (1) of the FOIA 2000. Please can you provide me with the information I previously requested (21 October 2019) ref your alleged contact with the ICO. As a data controller, you do hold this information.

I believe Brunswick Park Primary school's senior leadership are merely evading public accountability and public scrutiny in suggesting that my request for elementary information is "disproportionate or unjustified level of disruption, irritation or distress". Remember, this is information that should be made available to the public (not just me). Why are the Brunswick Park Primary school senior leadership deliberately choosing not to update their website?

That persons holding such positions of public trust and presiding over our childrens education and safety seek to hide behind data controllers and legal advice as a means to evade the Principles underpinning Public Life (instead of, for instance, registering their interests) is totally unacceptable.

Yours sincerely,

Unjum Mirza

Dear Data Services,

I have just received this response from the DfE to my query (below). To avoid escalation, I expect no further delay in Brunswick Park Primary school's response to my FOI.

From the DfE:

Dear Mr Mirza

I am writing to thank you for your email of 28 October relating to school governance.

The department’s statutory guidance accompanying The School Governance (Constitution)(England) Regulations 2012 clearly outlines the department’s view in regard to the publication of governor’s details and the register of interest:

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

It is our belief that in the interests of transparency governing bodies should publish up-to-date information of its governance arrangements on its website.  The guidance sets out the information that should be published.

The department has also produced guidance on what maintained schools must publish online, which you may find useful:

https://www.gov.uk/guidance/what-maintai...

Under The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 (15), the governing body must, as soon as reasonably practicable, make available for inspect by any interested person a copy of:

the agenda for every meeting;

the signed minutes of every such meeting; and

any report or other paper considered at any such meeting.

Of course, there are certain exclusions, which are also set out in the regulations. In terms of committee papers this may include those that the governing body is satisfied should remain confidential.

In terms of accessing materials, it is for the school to determine how an individual can access the information. This may involve making them available to you to look at on school premises, but may not allow an individual to take them away or photocopy them.

I hope this information is helpful, and thank you once again for taking the time to write to the department with your query.

Your correspondence has been allocated reference number 2019-0038421. If you need to respond to us, please visit https://www.education.gov.uk/contactus and quote your reference number.

We need your help to make sure we provide you with excellent customer service whenever you contact us, and are working closely with the Institute of Customer Service (ICS) towards becoming an industry leader in this area. Please follow the link below to complete a 5 minute survey to tell us what we are good at, and more importantly, what we need to improve on.

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Yours sincerely

A Townsend 
Ministerial and Public Communications Division

Dear Data Services,

Following the DfE advice which I posted on 14 November), Brunswick Park Primary School have updated their website as legally required:

http://brunswickparkprimary.co.uk/our-go...

Clearly, your legal advice was unsound.

Similarly, your claim that you have acted upon "consultation(s)"/"conversation(s)"/"guidance" from the ICO is deeply suspect.

As previously stated, to avoid any unnecessary escalation, your co-operation would be appreciated in responding to my request in full.

Yours sincerely,

Unjum Mirza

Data Services,

Dear Mr Mirza,

Thank you for your email dated 16th November.

The school is in no way trying to obfuscate their duty to provide information when requested in accordance with the Freedom of Information Act 2000. However, they have a right to refuse to engage in repetitious, excessive and manifestly unfounded data requests. We refer you to the email below yours in line with the current legislation and common law.

Kind regards,

Will

Will Blanchard BA Hons Dunelm, LLM, LPC, PC.dp. (GDPR)
Data Services Manager
Judicium Education

Tel: 0203 326 9174
Email:[email address]
Web: www.judiciumeducation.co.uk

Judicium Consulting Ltd
72 Cannon Street
London
EC4N 6AE

      
 
Legal Support| HR Advisory | HR Admin & Payroll| Occupational Health | Health & Safety| Leadership Recruitment | Financial Management | Training | Data Services

CONFIDENTIALITY NOTICE
This communication is from Judicium Consulting Limited, 72 Cannon Street, London, EC4N 6AE. The information contained in this communication is confidential and may be privileged. It is for the exclusive use of the intended recipient. If you are not the intended recipient, please do not distribute, copy or otherwise use this communication or the information in it. If you have received this communication in error, please notify us by e-mail at [email address] and then delete the e-mail (including any attachments) and any copies of it.

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Dear Data Services,

1) "Obsfucate" appears to be an excellent word in capturing the school's behaviour with regard to their duty to provide information when requested in accordance with the Freedom of Information Act 2000.

The school's sudden and expeditious response to the DfE advice that I posted on 14 November 2019 in updating their website on 15/16 November 2019 demonstrates that the school had NO right to withhold information from the PUBLIC (not just me!).

The school's sudden and expeditious response to the DfE advice further answers the questions that I raised with you (to which you failed to respond) on 21 October 2019: the school is NOT exempt from the Nolan Principles; The School Governance (Roles, Procedures and Allowances)(England) Regulations 2013 or the Governors' Handbook (2019).

Your legal advice was unsound.

(Some of the information provided is incorrect or inconsistent. These matters will be addressed with the appropriate authority. Some of the information - for instance the minutes of the Governing Board - is being pursued via the Local Authority Standards Teams given the Clerk to the Governors has failed to acknowledge let alone respond to my request in defiance of the DfE advice)

2) I note that your comments fail to address my suggestion that your position re your alleged contact with the ICO is "deeply suspect". This is curious.

With regard to your alleged contact with the ICO:
On 27 September 2019 you stated: "After a telephone consultation with the ICO...".

On 1 October 2019 you stated: "... it was a conversation with their advice line".

On 8 October 2019 you stated: "... the advice that they provided to Judicium was across several telephone calls".

If there can be any trust between us, could you as a data controller, offer the number, dates and times you contacted the ICO?

If your contact with the ICO requires a statement from your telephone service provider, I am more than willing to cover the costs.

In the interim, I await a full response to my information requests.

Yours sincerely,

Unjum Mirza