Name of all Social Workers in Adult Social Services

Mr Hussain made this Freedom of Information request to Bradford City Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Bradford City Council.

Mr Hussain
Delivered

Dear Bradford City Council,

I would like the name, registration number and date of employment or date of last employment of all qualified registered social workers which are working in Adult social services at Bradford Council, including if they are full-time, part-time, permanent, contract or agency workers covering the period from 2010 onwards. My enquires should exclude any social workers working in other files such as children's services.

I would like the response to my enquires to be in an easily readable spreadsheet dataset format, such as Excel.

Yours faithfully,

Mr Hussain

Link to this Report
Freedom of Information, Bradford City Council

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team.  We confirm that we have
received your correspondence.

 

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days). 

 

If we require further information from you before we process your request,
we will contact you directly to ask for this. 

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018.  If you would like further information please click
on the following link: [1]Privacy notice | Bradford Council

                                              

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

 

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
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viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

 

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

Link to this Report
FOI ACS, Bradford City Council

Dear Mr Hussain

Request for information under the Freedom of Information Act 2000 (FOI
Act)

 

Thank you for your enquiry which was received on 4^th May 2023. This
matter is now receiving our attention and we aim to have a response out to
you by 5^th June 2023, within the period of 20 working days allowed for
disclosure.

 

You will be informed in advance if there is a charge for supplying copies
of the information.  We will also provide an explanation if any
information is not released to you.  If the requested information contains
references to any third parties, we may need to consult with them before
deciding whether or not to release the information.

 

Should you have any queries regarding your request, please feel free to
email us at [1][Bradford City Council request email] quoting the reference no: FOI -
000009651

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.  To find out more on how we handle your information,
please click on the following link:
[2]https://www.bradford.gov.uk/privacy-notice

 

Yours sincerely,

 

Jody Leach

 

Senior Intelligence Analyst

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this e-mail has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail. E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.
Please consider the environment before printing this email

 

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

 

From: Mr Hussain <[3][FOI #978374 email]>

To: Freedom of Information <[4][email address]>

Date: 04/05/2023 21:07:04

Subject: Freedom of Information request - Name of all Social Workers in
Adult Social Services

 

CAUTION: This email has originated from outside Bradford Council. 

Do not click links or open attachments unless you recognise the sender and
know the content is safe.

 

 

Dear Bradford City Council,

 

I would like the name, registration number and date of employment or date
of last employment of all qualified registered social workers which are
working in Adult social services at Bradford Council, including if they
are full-time, part-time, permanent, contract or agency workers covering
the period from 2010 onwards. My enquires should exclude any social
workers working in other files such as children's services.

 

I would like the response to my enquires to be in an easily readable
spreadsheet dataset format, such as Excel.

 

Yours faithfully,

 

Mr Hussain

 

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

 

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

[5][FOI #978374 email]

 

Is [6][Bradford City Council request email] the wrong address for Freedom of Information
requests to Bradford City Council? If so, please contact us using this
form:

[7]https://www.whatdotheyknow.com/change_re...

 

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

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

 

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

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

[10]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
manager to link to us from your organisation's FOI page.

 

 

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

References

Visible links
1. blocked::mailto:[Bradford City Council request email]
mailto:[Bradford City Council request email]
2. https://www.bradford.gov.uk/privacy-notice
3. mailto:[FOI #978374 email]
4. mailto:[email address]
5. mailto:[FOI #978374 email]
6. mailto:[Bradford City Council request email]
7. https://www.whatdotheyknow.com/change_re...
8. https://www.whatdotheyknow.com/help/offi...
9. https://www.whatdotheyknow.com/help/ico-...
10. https://www.whatdotheyknow.com/help/ico-...

Link to this Report
FOI ACS, Bradford City Council

Dear Mr Hussain

 

I refer to your request dated 4 May 2023 under the Freedom of Information
Act asking the following information:

 

I would like the name, registration number and date of employment or date
of last employment of all qualified registered social workers which are
working in Adult social services at Bradford Council, including if they
are full-time, part-time, permanent, contract or agency workers covering
the period from 2010 onwards. My enquires should exclude any social
workers working in other files such as children's services.

 

I am withholding the information requested as it contains wholly personal
information relating to persons other than yourself, the applicant.
Section 40 (2) & (3) of the Freedom of Information Act 2000 provides an
absolute exemption where disclosure of information would lead to a breach
of the principles laid down by the Data Protection Act 1998. I consider
the disclosure of the information which you requested would constitute
unfair processing in contravention of the first data protection principle
because those individuals whose personal data has been withheld would not
have had any reasonable expectation that it would be disclosed in these
circumstances.

In accordance with the Freedom of Information Act, if you are not
satisfied with the reply to your request you can ask for a review. A
request for a review must be submitted within 40 working days by
contacting [1][Bradford City Council request email] or by writing to Freedom of Information,
Bradford Metropolitan District, 1st Floor, Britannia House, Hall Ings,
Bradford, West Yorkshire, BD1 1HX.

If you are still not satisfied with the outcome of the internal review you
have the right of appeal to the Information Commissioner who can be
contacted at: Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 01625 545700          URL:
[2]http://www.informationcommissioner.gov.uk

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.  To find out more on how we handle your information,
please click on the following link:
[3]https://www.bradford.gov.uk/privacy-notice

 

Yours sincerely

 

 

Jody Leach

Senior Intelligence Analyst

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this e-mail has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail. E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.
Please consider the environment before printing this email

 

From: FOI ACS
Sent: 05 May 2023 11:33
To: [FOI #978374 email]
Subject: FOI - 000009651 - Acknowledgement

 

Dear Mr Hussain

Request for information under the Freedom of Information Act 2000 (FOI
Act)

 

Thank you for your enquiry which was received on 4^th May 2023. This
matter is now receiving our attention and we aim to have a response out to
you by 5^th June 2023, within the period of 20 working days allowed for
disclosure.

 

You will be informed in advance if there is a charge for supplying copies
of the information.  We will also provide an explanation if any
information is not released to you.  If the requested information contains
references to any third parties, we may need to consult with them before
deciding whether or not to release the information.

 

Should you have any queries regarding your request, please feel free to
email us at [4][Bradford City Council request email] quoting the reference no: FOI -
000009651

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.  To find out more on how we handle your information,
please click on the following link:
[5]https://www.bradford.gov.uk/privacy-notice

 

Yours sincerely,

 

Jody Leach

 

Senior Intelligence Analyst

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this e-mail has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail. E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.
Please consider the environment before printing this email

 

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

 

From: Mr Hussain <[6][FOI #978374 email]>

To: Freedom of Information <[7][email address]>

Date: 04/05/2023 21:07:04

Subject: Freedom of Information request - Name of all Social Workers in
Adult Social Services

 

CAUTION: This email has originated from outside Bradford Council. 

Do not click links or open attachments unless you recognise the sender and
know the content is safe.

 

 

Dear Bradford City Council,

 

I would like the name, registration number and date of employment or date
of last employment of all qualified registered social workers which are
working in Adult social services at Bradford Council, including if they
are full-time, part-time, permanent, contract or agency workers covering
the period from 2010 onwards. My enquires should exclude any social
workers working in other files such as children's services.

 

I would like the response to my enquires to be in an easily readable
spreadsheet dataset format, such as Excel.

 

Yours faithfully,

 

Mr Hussain

 

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

 

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

[8][FOI #978374 email]

 

Is [9][Bradford City Council request email] the wrong address for Freedom of Information
requests to Bradford City Council? If so, please contact us using this
form:

[10]https://www.whatdotheyknow.com/change_re...

 

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

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

 

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

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

[13]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
manager to link to us from your organisation's FOI page.

 

 

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

References

Visible links
1. mailto:[Bradford City Council request email]
mailto:[Bradford City Council request email]
2. http://www.informationcommissioner.gov.uk/
http://www.informationcommissioner.gov.uk/
3. https://www.bradford.gov.uk/privacy-notice
4. blocked::mailto:[Bradford City Council request email]
mailto:[Bradford City Council request email]
5. https://www.bradford.gov.uk/privacy-notice
6. mailto:[FOI #978374 email]
7. mailto:[email address]
8. mailto:[FOI #978374 email]
9. mailto:[Bradford City Council request email]
10. https://www.whatdotheyknow.com/change_re...
11. https://www.whatdotheyknow.com/help/offi...
12. https://www.whatdotheyknow.com/help/ico-...
13. https://www.whatdotheyknow.com/help/ico-...

Link to this Report
Mr Hussain
Delivered

Dear Bradford City Council,

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

I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Name of all Social Workers in Adult Social Services'.

Please review this decision, as I believe the exemption has been applied wrongly. Note that the subject of the information I have requested namely the name of all social workers in Adult services are already registered on a public register so their names can not be constituted as being private and subject to the Data Protection Act 2018.

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

Yours faithfully,

Mr Hussain

Link to this Report
Freedom of Information, Bradford City Council

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team.  We confirm that we have
received your correspondence.

 

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days). 

 

If we require further information from you before we process your request,
we will contact you directly to ask for this. 

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018.  If you would like further information please click
on the following link: [1]Privacy notice | Bradford Council

                                              

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

 

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

 

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

Link to this Report
Freedom of Information, Bradford City Council

Dear Mr Hussain

 

Thank you for your request dated 16th May 2023 requesting an internal
review to the Councils response to your information request under the
Freedom of Information Act 2000.

 

Please note that it may take up to 20 working days allowed for disclosure
under a review to enable the Council to provide a response.

 

We aim to respond by 14th June 2023.

 

If you have any queries regarding your review request, please do not
hesitate to contact  the Corporate Information Governance Team at
[Bradford City Council request email] quoting reference no: 9651.

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously. 

 

To find out more on how we handle your information, please click on the
following link: https://www.bradford.gov.uk/privacy-notice

 

Regards

 

Amanda Lyth

Senior Information Governance Officer

Finance, IT & Procurement Service

Telephone Number: 01274 434506

 

City of Bradford Metropolitan District Council

Department of Corporate Resources

City Hall, Centenary Square, Bradford, BD1 1HY

 

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.

 

Link to this Report
FOI ACS, Bradford City Council

1 Attachment

  • Attachment

    7529240 Customer Contact FOI Review.html

    2K Download

Dear Mr Hussain

 

I acknowledge receipt of your request dated 16 May 2023 asking for an
internal review with regards to our response to your Freedom of
Information request.

 

This matter is now receiving our attention and we aim to have a response
out to you by 14 June 2023 within the period of 20 working days allowed
for disclosure under a review.

 

Should you have any queries regarding your request, please feel free to
email us at [1][Bradford City Council request email] quoting the reference no: FOI-000009651
REVIEW

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.  To find out more on how we handle your information,
please click on the following link:
[2]https://www.bradford.gov.uk/privacy-notice

 

Yours sincerely

 

Jody Leach

 

Senior Intelligence Analyst

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this e-mail has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail. E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.
Please consider the environment before printing this email

References

Visible links
1. blocked::mailto:[Bradford City Council request email]
mailto:[Bradford City Council request email]
2. https://www.bradford.gov.uk/privacy-notice

Link to this Report
FOI ACS, Bradford City Council

Dear Mr Hussain

 

Thank you for your email dated 16 May 2023, requesting a review of the
decision made under the Freedom of Information Act 2000.

 

I have considered the information presented to me and I agree with the
original decision to withhold the names under Section 40 (2) & (3) of the
Freedom of Information Act 2000.

 

If you are not satisfied with the outcome of this internal review you have
the right of appeal to the Information Commissioner who can be contacted
at: Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113. URL: [1]www.ico.org.uk. 

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.  To find out more on how we handle your information,
please click on the following link:
[2]https://www.bradford.gov.uk/privacy-notice

 

Yours sincerely

 

 

Iain MacBeath

Strategic Director, Health and Wellbeing for Bradford Council and

Director of Integration for Bradford District Community NHS Trust

 

 

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

 

From: FOI ACS <[email address]>
Sent: Friday, May 19, 2023 11:17 AM
To: [FOI #978374 email]
Subject: Review new instruction - 000009651 - Acknowledgement

 

Dear Mr Hussain

 

I acknowledge receipt of your request dated 16 May 2023 asking for an
internal review with regards to our response to your Freedom of
Information request.

 

This matter is now receiving our attention and we aim to have a response
out to you by 14 June 2023 within the period of 20 working days allowed
for disclosure under a review.

 

Should you have any queries regarding your request, please feel free to
email us at [3][Bradford City Council request email] quoting the reference no: FOI-000009651
REVIEW

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.  To find out more on how we handle your information,
please click on the following link:
[4]https://www.bradford.gov.uk/privacy-notice

 

Yours sincerely

 

Jody Leach

 

Senior Intelligence Analyst

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this e-mail has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail. E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.
Please consider the environment before printing this email

References

Visible links
1. http://www.ico.org.uk/
2. https://www.bradford.gov.uk/privacy-notice
3. blocked::mailto:[Bradford City Council request email]
mailto:[Bradford City Council request email]
4. https://www.bradford.gov.uk/privacy-notice

Link to this Report

Mr Hussain left an annotation ()

Dear ICO - Paula Flanagan,

I write to lodge a new complaint to yourself as the Information Commissioner's Office (ICO) regarding the City of Bradford Metropolitan District Council's (CBMDC) handling of my FOI request via the WhatDoTheyKnow website. See the following :

Name of all Social Workers in Adult Social Services

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

Their reliance on Section 40 - Personal information, is simply wrong. Unlike civilians, Officers, especially those who work at public expense have no right to anonymity of their name as protected under the Data Protection Act 2018.

They are simply wrong and I am right. I want you to agree with me! As if you advise them they are right then you are failing in your duty as the Information Commissioner!

Regards Mr S. Hussain

Link to this Report

Mr Hussain left an annotation ()

ICO Case Reference: IC-240682-R5K6

27 June 2023

Dear S.Hussain,

Freedom of Information Act 2000 (FOIA) Your complaint about: Bradford Metropolitan District Council Their reference: 000009651 Our reference: IC-240682-R5K6

Thank you for your complaint and supporting information about the above public authority’s handling of your request for information.

Your complaint is now eligible for investigation. We will allocate it to a case officer as soon as we can. The focus of their investigation will be to determine whether the public authority handled your request in accordance with the legislation.

If you wish to send us any further information or comments in the meantime, please quote the reference number at the top of this correspondence.

Once a case officer is assigned and has concluded their investigation, they will inform you of their decision.

Incoming emails are monitored, but detailed enquiries relating to the case can only be addressed once your case is allocated for investigation.

For more general enquiries, please call our helpline on 0303 123 1113 or visit our live chat.

Sent on behalf of Ben Tomes Group Manager Information Commissioner’s Office
________________________________________
12 July 2023

Case reference number IC-240682-R5K6

Dear S.Hussain

Freedom of Information Act 2000 (FOIA) Your FOIA request to City of Bradford Metropolitan District Council (the Council) dated 4 May 2023

Further to our letter of 27 June 2023, I write to inform you that your case has now been allocated to me to investigate. This letter will explain how I intend to do this. It will also provide you with contact details so that you can get in touch with me if you need to.

What happens now

Where possible the Information Commissioner prefers complaints to be resolved informally and we ask both parties to be open to compromise. With this in mind, I will write to the public authority and ask it to revisit your request. It may wish to reverse or amend its position. If it does, it will contact you again directly about this.

In any event, it must provide us with its full and final arguments in support of its position. Once I receive its arguments, I will consider its reply before either contacting you to discuss the matter further or preparing a decision notice.

Further information is available on our website: https://ico.org.uk/about-the-ico/our-inf...

The request

On 4 May 2023 you requested information of the following description:

“I would like the name, registration number and date of employment or date of last employment of all qualified registered social workers which are working in Adult social services at Bradford Council, including if they are full-time, part-time, permanent, contract or agency workers covering the period from 2010 onwards. My enquires should exclude any social workers working in other files such as children's services.

I would like the response to my enquires to be in an easily readable spreadsheet dataset format, such as Excel.”

On 12 May 2023 the Council responded. It refused to provide the requested information. It cited the following exemptions as its basis for doing so: Section 40(2)

You requested an internal review on 16 May 2023. The Council sent you the outcome of its internal review on 19 May 2023. It upheld its original position.

My investigation will look at whether the Council is correct when it says it is entitled to rely on the exemptions it has cited.

What we need from you

Before I can take this case forward I need more information from you. Please provide me with copies of the following documents/with the

following information within the next 5 working days, that is, by 19 July 2023:-

• Your interests in the requested information

I will not be able to begin my investigation until you have provided this information. Once I have received this information I will write to you again to confirm the scope of the case.

The scope of the case

The focus of my investigation will be to determine whether the Council handled your request in accordance with the FOIA. Specifically, I will look at whether the Council is entitled to rely on exemption as a basis for refusing to provide the withheld information.

Please contact me within the next 5 working days, that is, by 19 July 2023 if there are matters other than these that you believe should be addressed. This will help avoid any unnecessary delay in investigating your complaint. If I do not hear from you by this date, my investigation will focus only upon the matters identified above.

If you have any queries at any time you are welcome to write to me at the above address, at icocasework@ico.org.uk (please ensure that you quote the above case reference) or by telephoning me on 0330 414 6537.

Yours sincerely

Bethany Williams
Lead Case Officer
0330 414 6537
________________________________________
13 July 2023

Case Reference: IC-240682-R5K6

Dear S. Hussain,

Thank you for your telephone call yesterday, in cases concerning personal data it is important to determine the interests in the requested information. The interests in the requested information are used to determine if the disclosing the information would be lawful, the interest can be your own or what you believe to be the interests of the public.

You can find more information regarding this here: s40 Personal_information_(section_40_and_regulation_13)_version2.3 (ico.org.uk)

Yours sincerely,

Bethany Williams
Lead Case Officer
Information Commissioner's Office
________________________________________
13 July 2023

Dear Information Commissioner's Office -Lead Case Officer - Bethany Williams,

Thank you for your email.

My understanding is that the information requested comes either under the Freedom of Information Act or is excluded under the Data Protection Act. The information requested is not subject to my personal interest in the information, hence why I have stated that an FOI request should be requestor blind?

"Can we enquire about the reasons behind a request if it helps us identify what information is required?

Under FOIA or the EIR, a requester need not explain why they want the information or justify their request.

However, it is acceptable for you to enquire about their motives if the request is ambiguous or unclear and knowing the reason for it would help you identify what they want. "

https://ico.org.uk/for-organisations/foi....

Please help me understand what my subjective interest in the information has to do with the objective understanding of what category of law the information requested falls under?

I do not believe the name of "Officers" whilst carrying out a commercial activity or trade such as Social Workers and whose names are already registered on a Public register, at Social Work England, constitutes personal data.

Question: Does your name "Bethany Williams" who works as a Lead Case Officer at the Information Commissioner's Office (ICO) itself constitutes "personal data" affording protection under the Data Protection Act, given you have a public-facing role at the ICO? Do you have an expectation that your name should not be in the public domain whilst carrying out your commercial activity of trade as an employee of the ICO?

Regards Mr S. Hussain
________________________________________

27 July 2023

Case Reference: IC-240682-R5K6

Dear S.Hussain,

A public authority should be requester blind when dealing with a request under the Freedom of Information Act. Section 40 allows you to provide your interests or the interest of the public, to decided whether there is a lawful basis to disclose the information.

You can find out more about section 40 here s40 Personal_information_(section_40_and_regulation_13)_version2.3 (ico.org.uk)

If you are not content with supplying your interests in the information, general interest will be applied ie general requirement for transparency in public life or ensuring the public authority is acting in an honest way.

In relation to the following question
"Question: Does your name "Bethany Williams" who works as a Lead Case Officer at the Information Commissioner's Office (ICO) itself constitutes "personal data" affording protection under the Data Protection Act, given you have a public-facing role at the ICO? Do you have an expectation that your name should not be in the public domain whilst carrying out your commercial activity of trade as an employee of the ICO?"

As you have stated, I am in a public facing role, therefore my name and role would not constitute personal data.

Yours sincerely,

Bethany Williams
Lead Case Officer
Information Commissioner's Office
________________________________________

27th July 2023

Dear Information Commissioner's Office -Lead Case Officer - Bethany Williams,

Thank you for your email and for confirming the following :

"As you have stated, I am in a public facing role, therefore my name and role would not constitute personal data"

My understanding of the law is that irrespective of the fact that you have a public-facing role, an individual's name and post alone can not be constituted as personal data. I would look to argue that even if you did not hold a public-facing role, your name would still not be constituted as personal data, given you work for a public authority or organisation.

Furthermore, I would look to even argue that your name can not be classed as personal data, even if you worked in the private sector. I am ultimately looking to establish and satisfy myself that the only time one's name is covered under the Data Protection Act is when one is a civilian not working as an Officer. I define an Officer as anyone who carries out any paid work, trade or employment either in the private or public sector.

Furthermore, any Officer's name can not be constituted as personal data, and the Information Commissioner's Office (ICO) should look to fully familiarise itself with the following European case precedence on the subject, which all member states are obligated under, including the UK.

Magyar Helsinki Bizottsag v. Hungary

https://globalfreedomofexpression.columb...

Specifically, in regards to the facts surrounding my enquiries with the local authority have now been progressed since this matter was first bought to your attention. I direct you to review the following :

Bradford Social Workers in Adult Services

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

And my new FOI with the local authority as follows :

Bradford Social Workers by Category

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

My ultimate objectives have been to have the ICO accept and acknowledge and have it established that the name of the Data Protection Officer (DPO) in particular is not covered under the DPA 2018 legislation or the section 40 FOI exemption.

I trust this helps establish my motivation and interest in requesting this information, as I believe section 40 is being deliberately utilised and abused by the Public authorities as a quick get-out clause from responding to legitimate FOI requests, as has been proven to be the case with my aforementioned enquires with Social Work England, who have initially looked to rely on section 40 but when further pressed have now fully capitulated to my request.

Regards Mr S. Hussain
________________________________________

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Mr Hussain left an annotation ()

INFORMATION COMMISSIONER'S DECISION

Decision notice

Date: 25 August 2023

Public Authority: City of Bradford Metropolitan District Council
Address: 4th Floor Britannia House
Hall Ings
Bradford
West Yorkshire
BD1 1HX

Complainant: Mr Hussain

Decision (including any steps ordered)
______________________
1. The complainant has requested information regarding the Adult Social Care staff, who have worked at City of Bradford Metropolitan District Council (Council).

2. The Commissioner’s decision is that the Council has correctly relied on section 40(2) of FOIA.

3. The Commissioner does not require any further action.

Request and response
______________________
4. On 4 May 2023, the complainant wrote to the public authority and requested information in the following terms:

“I would like the name, registration number and date of employment or date of last employment of all qualified registered social workers which are working in Adult social services at Bradford Council, including if they are full-time, part-time, permanent, contract or agency workers covering the period from 2010 onwards. My enquires should exclude any social workers working in other fields such as children's services.

I would like the response to my enquires to be in an easily readable spreadsheet dataset format, such as Excel.”

5. The public authority responded on 12 May 2023. It stated that the requested information was being withheld under Section 40.

6. Following an internal review, the public authority wrote to the complainant on 31 May 2023. It stated that it was upholding its original decision.

Scope of the case
______________________
7. The complainant contacted the Commissioner 16 June 2023 to complain about the way his request for information had been handled.

8. The Commissioner considers The Commissioner considers the scope of
his investigation to be to establish whether the public authority is entitled to withhold the requested information under section 40(2) of the FOIA

Reasons for decision
______________________
Section 40 personal information

9. Section 40(2) of the FOIA provides that information is exempt from disclosure if it is the personal data of an individual other than the
requester and where one of the conditions listed in section 40(3A)(3B) or 40(4A) is satisfied.

10. In this case the relevant condition is contained in section 40(3A)(a)1. This applies where the disclosure of the information to any member of the public would contravene any of the principles relating to the processing of personal data (‘the DP principles’), as set out in Article 5 of the General Data Protection Regulation (‘GDPR’).

11. The first step for the Commissioner is to determine whether the withheld information constitutes personal data as defined by the Data Protection Act 2018 (‘DPA’). If it is not personal data, then section 40 of the FOIA cannot apply.

12. Secondly, and only if the Commissioner is satisfied that the requested information is personal data, he must establish whether disclosure of that data would breach any of the DP principles.

Is the information personal data?

13. Section 3(2) of the DPA defines personal data as:

“any information relating to an identified or identifiable living individual”.

14. The two main elements of personal data are that the information must relate to a living person and that the person must be identifiable.

15. An identifiable living individual is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.

16. Information will relate to a person if it is about them, linked to them, has biographical significance for them, is used to inform decisions affecting them or has them as its main focus.

17. The Council explained to the Commissioner that the withheld information contains; individuals names, information regarding their Adult Social Care role, specifically the fact that they work within Bradford district, the hours they work and whether they are employed by the Council directly, or as a member of an agency. The Council concluded that the combination of this information would constitute personal data.

18. The complainant advised that they did not consider the name, or post of an individual to be personal data. They explained that they believed section 40(2) has been used as a way to withhold the requested information.

19. In the circumstances of this case, having considered the withheld information, the Commissioner is satisfied that the information relates to the data subjects. The request specifically seeks the name of each social worker – that name can then be linked to the other information about each social workers terms of employment. Such information clearly relates to the social workers and has them as its focus. It is therefore their personal data.

20. The fact that information constitutes the personal data of an identifiable living individual does not automatically exclude it from disclosure under the FOIA. The second element of the test is to determine whether disclosure would contravene any of the DP principles.

21. The most relevant DP principle in this case is principle (a).

Would disclosure contravene principle (a)?

22. Article 5(1)(a) of the GDPR states that:

“Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject”.

23. In the case of an FOIA request, the personal data is processed when it is disclosed in response to the request. This means that the information can only be disclosed if to do so would be lawful, fair and transparent.

24. In order to be lawful, one of the lawful bases listed in Article 6(1) of the GDPR must apply to the processing. It must also be generally lawful.

Lawful processing: Article 6(1)(f) of the GDPR

25. The Commissioner considers that the lawful basis most applicable is basis 6(1)(f) which states:

“processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child"

26. In considering the application of Article 6(1)(f) of the GDPR in the context of a request for information under the FOIA, it is necessary to
consider the following three-part test:-

i) Legitimate interest test: Whether a legitimate interest is being pursued in the request for information;

ii) Necessity test: Whether disclosure of the information is necessary to meet the legitimate interest in question;

iii) Balancing test: Whether the above interests override the legitimate interest(s) or fundamental rights and freedoms of the data subject.

27. The Commissioner considers that the test of ‘necessity’ under stage (ii) must be met before the balancing test under stage (iii) is applied.

Legitimate interests

28. In considering any legitimate interest(s) in the disclosure of the requested information under the FOIA, the Commissioner recognises
that such interests can include broad general principles of accountability and transparency for their own sakes, as well as case specific interests.

29. Further, a wide range of interests may be legitimate interests. They can be the requester’s own interests or the interests of third parties, and commercial interests as well as wider societal benefits. They may be compelling or trivial, but trivial interests may be more easily overridden in the balancing test.

30. The complainant was provided with the opportunity to express their legitimate interests, but did not take the this opportunity. The Commissioner has therefore applied general principles.

31. The Commissioner recognises that there is a legitimate interest in knowing whether the Council employs an adequate number of social workers and whether those that it does employ have the necessary qualifications.

Is disclosure necessary?

32. ‘Necessary’ means more than desirable but less than indispensable or absolute necessity. Accordingly, the test is one of reasonable necessity and involves consideration of alternative measures which may make disclosure of the requested information unnecessary. Disclosure under the FOIA must therefore be the least intrusive means of achieving the legitimate aim in question.

33. The Commissioner does not consider it necessary to disclose such detailed information about each individual social worker in order to allow the public to decide whether it is deploying its budget effectively. Such information can be provided in aggregated form in such a way as not to identify individuals.

34. Equally disclosure is not necessary to hold social workers to account. There is already a publicly available register that allows anyone to search for a social worker to check their registration status. Any concerns about a particular social worker can be raised with the Council or other appropriate authorities. Therefore the legitimate interest can already be achieved by less-intrusive means.

35. The complainant was unable to identify any legitimate interest that would necessitate disclosure.

36. As disclosure would be unnecessary, there is no lawful basis for the processing of this personal data. Disclosure would be unlawful and wouldtherefore breach the first data protection principle. Section 40(2) of FOIA is therefore engaged.

Right of appeal

37. Either party has the right to appeal against this decision notice to the First-tier Tribunal (Information Rights). Information about the appeals process may be obtained from:

First-tier Tribunal (Information Rights)
GRC & GRP Tribunals,
PO Box 9300,
LEICESTER,
LE1 8DJ
Tel: 0203 936 8963
Fax: 0870 739 5836
Email: grc@justice.gov.uk
Website: www.justice.gov.uk/tribunals/general-reg...

38. If you wish to appeal against a decision notice, you can obtain information on how to appeal along with the relevant forms from the
Information Tribunal website.

39. Any Notice of Appeal should be served on the Tribunal within 28 (calendar) days of the date on which this decision notice is sent.

Signed ………………………………………………
Roger Cawthorne
Senior Case Officer
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

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Mr Hussain left an annotation ()

The key paragraph in the Information Commissioner's decision notice is paragraph 30:

"The complainant was provided with the opportunity to express their legitimate interests, but did not take the this opportunity. The Commissioner has therefore applied general principles."

This is the point of deliberate deception and manipulation committed by the Information Commissioner, to deliberately undermine the complaint in favour of their paying associates, the Local Authority, given the ICO completely ignored and disregarded my legitimate interest email of the 27th of June 2023, where I had clearly taken up the opportunity to express my legitimate interest.

The ICO were deliberately trying to railroad me to not have an expressed interest in the information being sought, so they could look to rely on deriving their own general interest principle, as they have proceeded to have done.

The fact that they completely ignored my email of the 27th of June 2023, where I am expressing my specific interest simply goes to now help establish the clear malfeasance of the Information Commissioner, as he looks to bring his own Office into a state of disrepute and erode public confidence in his ability to effectively carry out the role of an impartial arbitrator, and independent Information Commissioner

I believe this decision of the ICO goes some way to demonstrate the ineffectiveness of the ICO to hold rogue delinquent Public Authorities to account, through Chamberline-style appeasement.

There shall be no "peace for our time", when little Hitlers look to rule the narrative in their own best interest over the people they serve!!

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Mr Hussain left an annotation ()

*Error Correction* the date in the last annotation of 27th of June 2023 should have read 27th of July 2023

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Mr Hussain left an annotation ()

The ICO's published decision can be found here :

https://ico.org.uk/media/action-weve-tak...

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