Dear Sandwell Metropolitan Borough Council,

I am informed by SMBC staff that Jan Britton requested that Mr Jez Hall amend a Council report but that Mr Hall declined to do so resulting in his suspension.

Please disclose the original report as prepared or presented by Mr Hall and any later amended report.

We understand that Mr Hall was subsequently drummed out of the Council with a pay-off and the usual confidentiality clause. Please disclose the wording of the confidentiality clause.

Yours faithfully,

Julian Saunders

Sandwell MBC, Sandwell Metropolitan Borough Council

Mr Julian Saunders
 
 
Your request for information has been passed to an investigating officer.
 
Your reference is FS-Case-66326074
 
 
Thank you
 
Sandwell MBC

Info Management, Sandwell Metropolitan Borough Council

Dear Mr Saunders,

In order to process your request further I am seeking clarification from you in regards to the council report you have mentioned. Can you please confirm which council report you are referring to?

Once we receive clarification from you, we will begin to process your request and respond to you within the 20 working day time limit.

Under Section 1(3) if the Freedom of Information Act (FOIA), a public authority need not comply with a request unless any further information reasonably required to locate the information is supplied. If I do not receive clarification from you by 26 February 2018, your request will be considered to have lapsed and will be closed.

Kind Regards
Information Management Unit

Sandwell Council
Oldbury
West Midlands
B69 3DE
W: www.sandwell.gov.uk
E: [Sandwell Council request email]

show quoted sections

Dear Info Management,

I do not have the information requested.

You are uniquely aware of the reasons disciplinary action was taken against Mr Hall leading to his departure from the Council. The request is what Mr Hall is alleged to have done wrong leading to this action being taken. I understand that Mr Britton is fully au fait with the facts of this matter.

Yours faithfully,

Julian Saunders

Julian Saunders

Dear Sandwell Metropolitan Borough Council,

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

I am writing to request an internal review of Sandwell Metropolitan Borough Council's handling of my FOI request 'Mr Jez Hall'.

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,

Julian Saunders

Sandwell MBC, Sandwell Metropolitan Borough Council

Mr Julian Saunders
 
 
Your request for information has been passed to an investigating officer.
 
Your reference is FS-Case-76133209
 
 
Thank you
 
Sandwell MBC

Dear Sandwell Metropolitan Borough Council,

From information received the alleged offence Mr Hall committed was in respect of the procurement of the Smethwick Christmas Lights.

Yours faithfully,

Julian Saunders

Sandwell MBC, Sandwell Metropolitan Borough Council

Dear Mr Julian Saunders,
 
Information Request - FS-Case-76133209
 
Thank you for your Freedom of Information request. In response to your
request I can confirm the following:
 
 
In regard to your request the Council did request clarification of your
request and requested said clarification to be returned within 14 days. No
clarification was returned and the case was subsequently closed by the
Council. You then submitted a response, late, stating that you could not
provide the clarification the Council sought. I find that the Council
should have responded back at this point and requested that a new FoI to
be raised to cover the new request, the fact that the Council did not I
apologise for. You then subsequently submitted a request for a review, to
which again the Council adequately failed to respond to. As part of the
review I have decided therefore to respond to the initial questions raised
as a new FoI and provide, if you wish, a further opportunity to request a
review on the provided response. Your request asked for: I am informed by
SMBC staff that Jan Britton requested that Mr Jez Hall amend a Council
report but that Mr Hall declined to do so resulting in his suspension.
Please disclose the original report as prepared or presented by Mr Hall
and any later amended report. We understand that Mr Hall was subsequently
drummed out of the Council with a pay-off and the usual confidentiality
clause. Please disclose the wording of the confidentiality clause. I can
confirm that the Council is not aware of the Council report you allude to
and consider the allegation that the Chief Executive requested a change to
a report, and said officers' refusal to do so, as grounds for suspension,
is wholly inaccurate. The Council will not be providing any information in
relation to Mr Hall, as we consider that it would fall under S40 of the
FoIA.
 
 
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
request, and should be addressed to:
 
Information Management Unit
Sandwell Council House
Freeth Street
Oldbury
West Midlands
B69 3DE
 
Email – [Sandwell Council request email]
 
If you are not content with the outcome of an internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
 
Please remember to quote the reference number above in any future
communications.
 
Yours sincerely
 
Sandwell MBC
For your information residents can now use their MySandwell account to log
many Sandwell Council requests online, including reporting missed
collections; fly tipping and pot holes. Residents can also check their
council tax balance on MyAccounts and find ‘MyNearest’ on their
personalised homepage. For information please go
to [1]www.sandwell.gov.uk/mysandwell.

References

Visible links
1. http://www.sandwell.gov.uk/mysandwell

Dear Sandwell Metropolitan Borough Council,

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

I am writing to request an internal review of Sandwell Metropolitan Borough Council's handling of my FOI request 'Mr Jez Hall'.

Section 40 may well apply in respect of personal data of employees but I am asking for Council documents here.

Please disclose the report Mr Hall submitted with regard to Smethwick Xmas Lights.

Please disclose any other report which caused or was material in leading to Mr Hall's suspension.

Please state the date of Mr Hall's suspension and the date of his disciplinary appointment with Mr Jan Britton.

I assume the wording of the confidentiality clause was drafted by SMBC staff ie taxpayer-funded persons. I am not asking for private terms agreed with Mr Hall but the legal wording. Please disclose the confidentiality clause with private details redacted.

Please disclose any correspondence and communications between then Cllrs Richard Marshall and Preet Kaur Gill to Jan Britton and/or other SMBC staff relating to Mr Jez Hall for the period of three months prior to his suspension until the time of his dismissal.

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,

Julian Saunders

Sandwell MBC, Sandwell Metropolitan Borough Council

Mr Julian Saunders
 
 
Your request for information has been passed to an investigating officer.
 
Your reference is FS-Case-87384835
 
 
Thank you
 
Sandwell MBC
For your information residents can now use their MySandwell account to log
many Sandwell Council requests online, including reporting missed
collections; fly tipping and pot holes. Residents can also check their
council tax balance on MyAccounts and find ‘MyNearest’ on their
personalised homepage. For information please go
to [1]www.sandwell.gov.uk/mysandwell.

References

Visible links
1. http://www.sandwell.gov.uk/mysandwell

Sandwell MBC, Sandwell Metropolitan Borough Council

Dear Mr Julian Saunders,
 
Information Request - FS-Case-87384835
 
Thank you for your Freedom of Information request. In response to your
request I can confirm the following:
 
 
Dear Mr Saunders Thank you for your review request which was as follows,
“Please disclose any other report which caused or was material in leading
to Mr Hall's suspension. Please state the date of Mr Hall's suspension and
the date of his disciplinary appointment with Mr Jan Britton. I assume the
wording of the confidentiality clause was drafted by SMBC staff ie
taxpayer-funded persons. I am not asking for private terms agreed with Mr
Hall but the legal wording. Please disclose the confidentiality clause
with private details redacted. Please disclose any correspondence and
communications between then Cllrs Richard Marshall and Preet Kaur Gill to
Jan Britton and/or other SMBC staff relating to Mr Jez Hall for the period
of three months prior to his suspension until the time of his dismissal.”
The Council is not obliged to confirm or deny whether we hold the
information you have requested as if held, this would relate to an
individual and therefore be classed as personal data. Section 40(5) of the
Freedom of Information Act provides that there is no duty to confirm or
deny whether we hold the information requested. The fact section 40(5) of
the Act has been cited, should not be taken as an indication that the
information you have requested is or is not held by the Council. The terms
of this exemption in the Freedom of Information Act mean that we do not
have to consider whether or not it would be in the public interest for us
to reveal whether or not the information is held. We have now considered
your request and will not be amending the original decision for the
reasons set out above.
 
 
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
request, and should be addressed to:
 
Information Management Unit
Sandwell Council House
Freeth Street
Oldbury
West Midlands
B69 3DE
 
Email – [Sandwell Council request email]
 
If you are not content with the outcome of an internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
 
Please remember to quote the reference number above in any future
communications.
 
Yours sincerely
 
Sandwell MBC
For your information residents can now use their MySandwell account to log
many Sandwell Council requests online, including reporting missed
collections; fly tipping and pot holes. Residents can also check their
council tax balance on MyAccounts and find ‘MyNearest’ on their
personalised homepage. For information please go
to [1]www.sandwell.gov.uk/mysandwell.

References

Visible links
1. http://www.sandwell.gov.uk/mysandwell

Dear Sandwell Metropolitan Borough Council,

I am not happy with your response. You have stated that I can apply for a review but your latest response was in fact a reply to a request for a review.

Just so that there is no confusion before I appeal to the Information Commissioner please state:

(a) how the Smethwick fireworks report can possibly be "personal data"; and
(b) why correspondence between the named elected members and the employee relating to council business can possibly be "personal data"?

Please respond within seven days.

Yours faithfully,

Julian Saunders

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