Nantwich West Traffic: Correspondence between CEC and elected representatives

The request was refused by Cheshire East Council.

Dear Cheshire East Council,

In accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, I request the following documents:
Minutes of meeting, correspondence (paper or electronic), notes of phone calls, SMS records between Cheshire East Highways and the elected representatives of Nantwich concerning the decision to build the Edmund Wright Way and Taylor Drive link, Nantwich CW5 between January 2011 and January 2018.

Yours faithfully,

David Fletcher

CCR FOI Investigation Team, Cheshire East Council

Date: 9 March 2018
Our Reference: 2483335
 
Dear Mr Fletcher
 
Freedom of Information Act 2000
 
Thank you for your request regarding Correspondence between CEC and
elected representatives.
 
Your request has been identified as falling within the scope of Freedom of
Information Act 2000 and It will be treated as a request for information
within the meaning of the Freedom of Information Act: this means that we
will send you a full response within 20 working days, either supplying you
with the information which you want, or explaining to you why we cannot
supply it. 

The due date is 10 April 2018.
 
If we need any further clarification or there is a problem, we will be in
touch. 

In the meantime if you wish to discuss this further please contact me. It
would be helpful if you could quote the reference number quoted above.
 
Yours sincerely
 
 
Kate Tomlinson
Compliance and Customer Relations Assistant
Cheshire East Council
 
NOTE: Please do not edit the subject line when replying to this email.

CCR FOI Investigation Team, Cheshire East Council

1 Attachment

Date: 23 March 2018
Our Reference: 2483335
 
Dear Mr Fletcher
 
Thank you for your request for information received on 9 March 2018.
 
Please find attached our response to your request.
 
Yours sincerely
 
Compliance and Customer Relations Team
Cheshire East Council
 
NOTE: Please do not edit the subject line when replying to this email.

CCR FOI Investigation Team, Cheshire East Council

 
 
Date: 23 March 2018
Our Reference: 2483335
 
 
Dear Mr Fletcher,
 
We have received your further correspondence in relation to your two other
requests. However, we are yet to receive any correspondence in relation to
the request as referenced above.
 
We cannot commence any work on your requests until you have clarified the
third request. 
 
Yours sincerely,
 
 
Compliance and Customer Relations Team
Cheshire East Council
 
NOTE: Please do not edit the subject line when replying to this email.

Dear CCR FOI Investigation Team,
I now withdraw this request, because it clearly has little chance of success, and other events have overtaken the issues to hand.
I apologise for the delay, but I have been consulting with the Information Commissioner.
I reproduce his advice now for the benefit of others.
regards
David Fletcher

Councillors are likely to have three different roles:
• As a member of the council, for example, as a cabinet member or a member of a committee
• A representative of residents of their ward, for example, in dealing with complaints.
• They may represent a political party, particularly at election time.
Only the first role may be caught by the FOI Act if the Councillor was/is acting on behalf of the Council. Where the Councillor is acting on Council business, then this information is likely to be shared and therefore held by a Council Department e.g. housing, Care and Support for adults and children, Planning and planning applications.
As the FOI Act relates to Public Authorities, only information held by that Public Authority (e.g. Local Authority, Health Body, Education Body, etc) is subject to the conditions and obligations with the act. Therefore, any request for information about/generated by a Councillor would have to have been:
a. Initially created by the Councillor as part of their council role (e.g. when acting as part of a council committee).
b. Held by the Public Authority in their records (e.g. minute of meeting, or potentially emails between Public Authority employees and the Councillor).

Yours sincerely,

David Fletcher

CCR FOI Investigation Team, Cheshire East Council

Mr Fletcher -
 
I acknowledge receipt of your email and note it's contents.
 
Officers are aware of this and on occasion decline information requests
due to the information being exchanged by a councillor in a ward
councillor capacity. As a consequence the information is not caught by the
FOIA legislation. However, before making this decision we would need to
review the emails exchanged to confirm in what capacity information was
exchanged. We do not just assume.
 
Kind regards.
 
Compliance and Customer Relations Team,
Cheshire East Council.

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

Dear CCR FOI Investigation Team,
I now withdraw this request, because it clearly has little chance of
success, and other events have overtaken the issues to hand.
I apologise for the delay, but I have been consulting with the Information
Commissioner.
I reproduce his advice now for the benefit of others.
regards
David Fletcher

Councillors are likely to have three different roles:
• As a member of the council, for example, as a cabinet member or a member
of a committee
• A representative of residents of their ward, for example, in dealing
with complaints.
• They may represent a political party, particularly at election time.
Only the first role may be caught by the FOI Act if the Councillor was/is
acting on behalf of the Council. Where the Councillor is acting on Council
business, then this information is likely to be shared and therefore held
by a Council Department e.g. housing, Care and Support for adults and
children, Planning and planning applications.
As the FOI Act relates to Public Authorities, only information held by
that Public Authority (e.g. Local Authority, Health Body, Education Body,
etc) is subject to the conditions and obligations with the act. Therefore,
any request for information about/generated by a Councillor would have to
have been:
a. Initially created by the Councillor as part of their council role (e.g.
when acting as part of a council committee).
b. Held by the Public Authority in their records (e.g. minute of meeting,
or potentially emails between Public Authority employees and the
Councillor).

Yours sincerely,

David Fletcher

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