New policy on whatdotheyknow.com

Richard Scott made this Freedom of Information request to Brent Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, Brent Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Brent Borough Council,

Please supply me with the same information released to M Bimmler under his FOI request with your reference 566383 .

Request reproduced below for clarity:-

I have read about your new policy of not sending replies to FOI
requests to the whatdotheyknow.com website.

I would like to request access to all internal records concerning
this policy change, including but not limited to internal emails,
memoranda, letters and notes as well as records of meetings.
Moreover I should like a copy of the formal decision of the policy
change or if such does not exist, the announcement distributed
about it to staff.

I am also grateful for answers to the following questions (which
you may or may not decide to treat as business-as-usual instead of
FOI requests)

1. Who made the final decision on this policy change? (Name and/or
Job title)
2. Who was consulted beforehand?
3. Was legal advice requested?
4. Was the ICO contacted and if yes, what was their reply?

Yours faithfully,

Richard Scott

Stephen F Williams, Brent Borough Council

Brent Council - INFORMATION REQUEST

Our Reference: 657119
====================================================

Dear Mr. Scott

Thank you for your request for information received on 26 August 2010. We
aim to respond to your request within 20 working days.

Yours sincerely

Stephen F Williams,
for Brent ITU
[email address]

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The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Dear Stephen F Williams,

I am writing to remind you that your response to request
with your reference 657119 is now overdue. Please advise why this is the case and when I will receive the requested information.

Yours sincerely,

Richard Scott

Stephen F Williams, Brent Borough Council

14 Attachments

Brent Council - INFORMATION REQUEST

Our Reference: 657119
====================================================

Dear Mr. Scott,

Your request for information has now been considered and the information
requested is enclosed. Please accept my apologies for the delay in
replying. However, you may be aware that this information has already
been made available in open format in response to the request to which you
refer. Please note that the following represents all the recorded
information held in relation to your request.

Please note that the information provided may be subject to copyright and
you may require further permission from the Council to re-use it. If you
require further guidance please write to the IT Standards Manager (contact
details below).

If you are dissatisfied with the response or how the Council has handled
your request you can complain to the Council by writing to the following
address: IT Standards Manager at Brent Council,Floor 5, 349-357 High Road,
Wembley HA9 6BZ, telephone 020 8937 1402, e-mail [Brent Borough Council request email]. It is
the Council's policy to ensure that, where practicable, your complaint is
dealt with by someone who was not involved in the original decision.

You also have a right of appeal about our decision to the Information
Commissioner, however, the Information Commissioner will not normally
consider an appeal until you have exhausted your rights of redress and
complaint to the Council. The Information Commissioner can be contacted as
follows:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF; Telephone: 01625 545 700,
www.informationcommissioner.gov.uk

Yours sincerely

Stephen F Williams,
for Brent ITU
[email address]

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The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Dear Stephen F Williams,

Thank for for supplying these documents, however, they appear be incomplete. The following quote from a reply by Rajesh Seedher to another request:-

" The response to your request was in conformance with instructions to password protect documents sent to the Whatdotheyknow.com website".

Please supply a copy of these instructions.

Yours sincerely,

Richard Scott

Stephen F Williams, Brent Borough Council

Brent Council
Freedom of Information Internal Review of Request 657110

Dear Mr Scott

Thank you for your communication of 25th. As this contains an expression
of dissatisfaction about the outcome of the above request we will conduct
an Internal Review of your complaint. The Review will be conducted by a
person who was independent from and senior to the original decision
maker.

Although I cannot be involved in that process I would point out that the
terms of your original request was '
Please supply me with the same information released to Mr Bimmler under
his FOI request with your reference 566383 .' It then went on to set out
the terms of Mr Bimmler's request which had been made in 2009 and related
to information available at that time.
Because you Internal Review may not therefore result in the information
you now seek being released I have recorded your request '
" The response to your request was in conformance with instructions
to password protect documents sent to the Whatdotheyknow.com
website".

Please supply a copy of these instructions."

as a fresh request and will respond to you under the appropriate reference
so that compliance with this request can be monitored.

regards

Stephen Williams
for Brent ITU

However

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The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Dear Stephen F Williams,

Please advise when I will receive the results of the internal review - it has now been 20 working days since this was initiated.

I have also not received any response whatsoever to the new request you created. This is also overdue.

Yours sincerely,

Richard Scott

Stephen F Williams, Brent Borough Council

Information Request
Cc
Bcc
Message Brent Council - INFORMATION REQUEST

Our Reference: 669897
====================================================

Dear Mr. Scott

Further to your request for information received on 25
September 2010 I am writing to inform you that
unfortunately the information you requested cannot be
supplied as it is not held in recorded form by Brent
Council. As you will be aware the Freedom of
Information Act only gives a right of access to
recorded information.

Please accept my apologies for the delayed response.

If you are dissatisfied with the response or how the
Council has handled your request you can complain to
the Council by writing to the following address: IT
Standards Manager at Brent Council,&Floor 5, 349-357
High Road, Wembley HA9 6BZ, telephone 020 8937 1402,
e-mail [Brent Borough Council request email]. It is the Council's policy to
ensure that, where practicable, your complaint is
dealt with by someone who was not involved in the
original decision.

You also have a right of appeal about our decision to
the Information Commissioner, however, the Information
Commissioner will not normally consider an appeal
until you have exhausted your rights of redress and
complaint to the Council. The Information Commissioner
can be contacted as follows:
Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF; Telephone:
01625 545 700, www.informationcommissioner.gov.uk

Yours sincerely

Stephen F Williams,
DPA & FOI Advisor
[Brent Borough Council request email]

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The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Stephen F Williams, Brent Borough Council

Brent Council - INFORMATION REQUEST

Our Reference: 685992
====================================================

Dear Mr. Scott

Further to your request for information received on 26 October 2010 in the
following terms:

Dear Williams, Stephenf,

To confirm, there is not, and was not in the last 24 months, any

documented policy to password protect FOI responses to

WhatDoTheyKnow?

Yours sincerely,

Richard Scott

I am writing to confirm that no such policy or procedure document exists
and that the information requested is not held.

If you are dissatisfied with the response or how the Council has handled
your request you can complain to the Council by writing to the following
address: IT Standards Manager at Brent Council,&Floor 5, 349-357 High
Road, Wembley HA9 6BZ, telephone 020 8937 1402, e-mail [Brent Borough Council request email].
It is the Council's policy to ensure that, where practicable, your
complaint is dealt with by someone who was not involved in the original
decision.

You also have a right of appeal about our decision to the Information
Commissioner, however, the Information Commissioner will not normally
consider an appeal until you have exhausted your rights of redress and
complaint to the Council. The Information Commissioner can be contacted as
follows:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF; Telephone: 01625 545 700,
www.informationcommissioner.gov.uk

Yours sincerely

Stephen F Williams,
for Brent ITU
[1][Brent Borough Council request email]

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The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

References

Visible links
1. mailto:[Brent Borough Council request email]

Stephen F Williams, Brent Borough Council

Dear Mr Scott,
Re: Freedom of Information Act 2000 - Information Request (Ref:
657110)
I have considered your appeal against the response to the above
information request.
The appeal was initiated from the following correspondence sent to you:
Thank you for your communication of 25th. As this contains an expression
of dissatisfaction about the outcome of the above request we will conduct
an Internal Review of your complaint. The Review will be conducted by a
person who was independent from and senior to the original decision
maker.

Although I cannot be involved in that process I would point out that the
terms of your original request was '
Please supply me with the same information released to Mr Bimmler under
his FOI request with your reference 566383 .' It then went on to set out
the terms of Mr Bimmler's request which had been made in 2009 and related
to information available at that time.

I have reviewed the information sent to Mr Bimmler relating to his request
reference 566383 and I have also reviewed the information sent to you.
Mr Bimmler requested the following information.
I have read about your new policy of not sending replies to FOI
requests to the whatdotheyknow.com website.

I would like to request access to all internal records concerning
this policy change, including but not limited to internal emails,
memoranda, letters and notes as well as records of meetings.
Moreover I should like a copy of the formal decision of the policy
change or if such does not exist, the announcement distributed
about it to staff.

I am also grateful for answers to the following questions (which
you may or may not decide to treat as business-as-usual instead of
FOI requests)

1. Who made the final decision on this policy change? (Name and/or
Job title)
2. Who was consulted beforehand?
3. Was legal advice requested?
4. Was the ICO contacted and if yes, what was their reply?

I am satisfied that the information sent to Mr Bimmler under reference
566383 is the same information that has been sent to you.
However in conducting the review, I believe that the Freedom of
Information procedures in the Council could be made more clearer to you so
that your requests for recorded information better address your
requirements. I am happy to offer you an opportunity to meet to discuss
our procedures. As part of our commitment to improve our service to our
customers we would welcome any feedback on the way that we have dealt with
your request.
If you are not content with the outcome of the internal review, you have
the right to appeal directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted as follows:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF; Telephone: 01625 545 700,
[1]www.informationcommissioner.gov.uk

Yours Sincerely,
Rajesh Seedher
IT Standards Manager
Brent Council
020 8937 1402

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The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

References

Visible links
1. http://www.informationcommissioner.gov.uk/

Dear Rajesh Seedher,

I'm not able to participate in a physical meeting, however a telephone meeting may be a possibility.

Alternatively, I'd just like clarification on who made the decision to password protect files and how this policy was disseminated to the staff responsible for implementing it.

Yours sincerely,

Richard Scott

Seedher, Raj, Brent Borough Council

Dear Mr Scott,

I have listed below a couple of possible dates/times for a telephone meeting. If you let me have your contact number I can phone you.

Thursday 4th November at 2pm
Thursday 18th November at 2pm

Rajesh Seedher
IT Standards Manager
Information Technology Unit
Business Transformation Department
Brent Council
Telephone 020 8937 1402

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