Number of flytipping offences in Angus between 2010 and 2018

The request was partially successful.

Jonathan Rainey

Dear Angus Council,

I write this letter under the Freedom of Information Act 2000 to request the following information on flytipping:

1. How many flytipping incidents in the county that your authority controls were reported to West Lothian Council, Police Scotland (including then Tayside Police) and the Scottish Environmental Protection Agency between 2010 and 2018?
2. How many flytipping cases were dropped between 2010 and 2018 because the evidence was found to be tampered with? Also, how many were dropped due to fears of reprisals from the reported offender(s)? How many were also dropped due to lack of evidence?
3. Can the citizens of the Angus Council area set up their own covert surveillance cameras to capture flytippers in the act themselves? If so, apart from Article 8 of the European Convention on Human Rights (especially regarding section 2 on privacy being exempt in the interest of preventing crime and disorder) what exact laws need to be taken into consideration which includes regards to the Information Commissioner’s Office? If high-quality footage of an offence was successfully captured, can the footage be used in court?
4. What is the Litter Control Strategy that Angus Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Yours faithfully,

Jonathan Rainey

InformationGovernance, Angus Council

Dear Mr Rainey

 

Thank you for your information request dated 8 May 2019 (received by Angus
Council on 9 May 2019).

 

If we are unable to provide you with a response within 20 working days, we
will advise you of this in writing.

 

Please refer to the information below which explains your right to
complain if you are unhappy with how the Council is dealing with your
request.

 

If you have any queries, please ask for me on 01307 491992 or email
[1][Angus Council request email]  

 

Yours sincerely

 

Martin Friedrich

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Place - Legal & Democratic| Angus
Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX
530678| Tel: 01307 491992

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

                                                             

Your Right to Request a Review by the Council

                                                               

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Service Leader – Legal & Democratic, Place Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [2][Angus Council request email] within 40 working days.

 

Your request must:                      

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[3]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [4][email address]

 

 

 

show quoted sections

PhilbinS, Angus Council

Dear Mr Rainey

Request for Information

Thank you for your request for information dated 09 May 2019 (received by
the Council that same day) which has been passed to me for attention.

You have requested the following information:-

1.    How many flytipping incidents in the county that your authority
controls were reported to West Lothian Council, Police Scotland (including
then Tayside Police) and the Scottish Environmental Protection Agency
between 2010 and 2018?

 

·         This information has not been recorded and therefore cannot be
provided.

 

2.    How many flytipping cases were dropped between 2010 and 2018 because
the evidence was found to be tampered with? Also, how many were dropped
due to fears of reprisals from the reported offender(s)? How many were
also dropped due to lack of evidence?

 

·         None.

 

3.    Can the citizens of the Angus Council area set up their own covert
surveillance cameras to capture flytippers in the act themselves? If so,
apart from Article 8 of the European Convention on Human Rights
(especially regarding section 2 on privacy being exempt in the interest of
preventing crime and disorder) what exact laws need to be taken into
consideration which includes regards to the Information Commissioner’s
Office? If high-quality footage of an offence was successfully captured,
can the footage be used in court?

 

·         This is not covered by freedom of information as you are asking
for legal advice, not for information which the council already holds in
recorded format.  Just for clarification, I should explain that the
Freedom of Information (Scotland) Act 2002 was introduced to ensure that
people have the right to request access to “recorded information” held by
public authorities such as the Council. “Recorded information” is
information that exists in some permanent form, e.g. correspondence or a
database extract. However, the 2002 Act does not apply where people are
seeking legal advice or a view from the Council.  You may want to take out
your own legal advice or obtain guidance from the Information
Commissioner’s Office.  A [1]Code of Practice for surveillance cameras is
available on their website.

 

4.    What is the Litter Control Strategy that Angus Council has to abide
by when investigating flytipping cases along with dog fouling and
littering cases?

 

·         Angus Council abides by the Environmental Protection Act 1990
when investigating flytipping or littering cases, and the Dog Fouling
(Scotland) Act 2003 for dog fouling.

 

In compiling responses to information requests we invariably use
information which is routinely published on the [2]Council’s website or
through its [3]Publication Scheme.  If you require further information
please first check that the information you want is not routinely
published as any such information is exempt from release in terms of
Section 25 of the Freedom of Information (Scotland) Act 2002 or Regulation
6(1)(b) of the Environmental Information (Scotland) Regulations 2004.

Please note that the information contained in this reply is believed to be
accurate as at todays date (unless otherwise indicated) but no warranty is
given.  Further, Angus Council does not accept liability for any loss,
injury or damage which arises from the use of the information contained in
this reply either by you or by any other party.  Please refer to the
information set out in the Appendix which explains your right to complain
if you are unhappy with how the Council has dealt with your request.

If you have any queries, please ask for me on 01307 474724 or e-mail
[4][email address] .

 

Yours sincerely

 

Sandra Philbin

Acting Service Manager (Business Support)

 

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

                                                             

Your Right to Request a Review by the Council

                                                               

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Service Leader – Legal & Democratic, Place Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [5][Angus Council request email] within 40 working days.

 

Your request must:                      

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[6]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [7][email address]

 

 

 

show quoted sections

Jonathan Rainey

Dear Angus Council,

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

I am writing to request an internal review of Angus Council's handling of my FOI request 'Number of flytipping offences in Angus between 2010 and 2018'.

Although I thank you for answering only the 4th question in the previous FOI request, I am disappointed that your authority did not answer the first 3 questions considering that many councils I have asked via whatdotheyknow.com have answered all the questions provided without making excuses and I would like to request that certain questions be answered as stated in the previous FOI request along with the following added questions below:

1. i) How many flytipping incidents in the county that your authority
controls were reported to Angus Council between 2010 and 2018?
ii) Can the statistics please be provided by each year?

I do apologise If I stated West Lothian Council instead of Angus Council.

2. In response to the 2nd question, I was asking it in the context of both when flytipping cases are reported to your authority as well as when they are passed on separately to The Procurator Fiscal. I ask the 4 part questions with the 3 previous ones included in the context of when your authority does not refer them to The Procurator Fiscal (although part 1 would have to apply):
i) How many flytipping cases reported to your authority between 2010 and 2018 resulted in FPNs and/or criminal convictions?
ii) How many flytipping cases reported to your authority between 2010 and 2018 were subject to no further investigation due to insufficient evidence?
iii) How many flytipping cases reported to your authority between 2010 and 2018 were not subject to further investigation due to tampering of evidence?
iv) How many flytipping cases reported to your authority between 2010 and 2018 were not subject to further investigation due to concerns raised from the complainant(s) about reprisals from the reported offender(s)?

3. In response to the 3rd question, although you quite rightly point out references to the ICO, not much information and sources were provided considering that other councils that have been asked the same question on whatdotheyknow.com including West Dunbartonshire, Midlothian, Stirling and West Lothian and they have openly stated that members of the public are not permitted to use covert cameras because of many laws including RIPSA 2000, Data Protection Act 1998, Dog Fouling (Scotland) Act 2003 and regulations from the Information Commissioner's Office. West Lothian Council responded to the same answered questions:

"Covert cameras would not be allowed to be set up by individuals for us to
use the footage. As a Council, if we wanted to use covert cameras we have
to comply with Regulation to Investigatory Powers (Scotland) Act 2000
(RIPSA) legislation to be able to use them.

If overt camera footage is supplied by anyone, along with a statement from
them then we could consider its use as part of evidence for issuing a
Fixed Penalty Notice."

West Dunbartonshire Council responded:

"West Dunbartonshire Council residents, as with other members of the
general public, cannot set up covert CCTV cameras. In terms of
house/residence security any CCTV cameras would have to be clearly
marked with signage. Moreover the camera itself would also need to be
positioned in such a way that it was confined to entry security and
would not capture street images which might contain personal data of
members of the public going about their daily business.

The second part of your question 3 is based on covert cameras. Only
those bodies listed in the Regulation of Investigatory Powers (Scotland)
Act are permitted to carry out covert surveillance. In this regard I would
refer you to the Office of Surveillance Commissioners.

I refer also to our response dated 27 September 2018 to your FOI
18/1951137 review request where we confirmed that West
Dunbartonshire Council does not use surveillance including covert
surveillance to pursue or identify flytipping offences."

I would like to rephrase the questions so they can be answered in this internal review request:
i) If the citizens of the Angus Council area give over their contact details to your authority when reporting flytippers, are their details involving their name(s) and address(es) mentioned to the offender(s)?
ii) Does your authority use covert and overt surveillance cameras to capture flytippers in the act?
iii) Would Article 8 (Section 2 for exemption to privacy) of the European Convention on Human Rights be applied as an excuse by your authority and the citizens of the Angus Council area to deploy covert and overt cameras to catch flytippers in the act? To back up your claim about guidance from the ICO and to explain the context of the 3rd question, this has been advised in a 2013 ICO document (see link here: https://ico.org.uk/about-the-ico/consult...).

An extra link to my article is provided: https://jrainey94.wixsite.com/younglitte...

Can your authority confirm if all the rules and regulations highlighted in this internal review request as well as the article above are abided by?

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,

Jonathan Rainey

FriedrichM, Angus Council

Dear Mr Rainey

 

I refer to your undernoted request for review dated 5 June 2019 (received
by the council that same day).  So that we can take this forward
appropriately I would be grateful if you could clarify something for me. 
I am aware that you have requested a review but at the same time you have
asked new questions and therefore I am wondering whether you wish to make
a new request for information or whether you wish to take this forward as
a request for review.

 

In terms of regulation 9(1) of the Environmental Information (Scotland)
Regulations 2004 (advice and assistance to the applicant) I would explain
that a review can only deal with the request in its original form, i.e. as
received by the council on 9 May 2019, and with the way the council has
dealt with that request in its response to you.  Once a response has been
issued it is not possible to rephrase or modify your request as this would
be a new request for information.  I am therefore wondering if you rather
wish to make a new request for information as your modified questions (as
set out below under B.) are unlikely to have been answered once the
council has responded to your request for review.

 

A.   Your original request:

 

1.    How many flytipping incidents in the county that your authority
controls were reported to West Lothian Council, Police Scotland (including
then Tayside Police) and the Scottish Environmental Protection Agency
between 2010 and 2018?

2.    How many flytipping cases were dropped between 2010 and 2018 because
the evidence was found to be tampered with? Also, how many were dropped
due to fears of reprisals from the reported offender(s)? How many were
also dropped due to lack of evidence?

3.    Can the citizens of the Angus Council area set up their own covert
surveillance cameras to capture flytippers in the act themselves? If so,
apart from Article 8 of the European Convention on Human Rights
(especially regarding section 2 on privacy being exempt in the interest of
preventing crime and disorder) what exact laws need to be taken into
consideration which includes regards to the Information Commissioner’s
Office? If high-quality footage of an offence was successfully captured,
can the footage be used in court?

4.    What is the Litter Control Strategy that Angus Council has to abide
by when investigating flytipping cases along with dog fouling and
littering cases?

 

B.    Your modified, new request would seem to be:

 

1.    How many flytipping incidents in the county that your authority
controls were reported to Angus Council between 2010 and 2018?

2.    How many flytipping cases reported to your authority between 2010
and 2018 resulted in FPNs and/or criminal convictions?

3.    How many flytipping cases reported to your authority between 2010
and 2018 were subject to no further investigation due to insufficient
evidence?

4.    How many flytipping cases reported to your authority between 2010
and 2018 were not subject to further investigation due to tampering of
evidence?

5.    How many flytipping cases reported to your authority between 2010
and 2018 were not subject to further investigation due to concerns raised
from the complainant(s) about reprisals from the reported offender(s)?

 

6.    If the citizens of the Angus Council area give over their contact
details to your authority when reporting flytippers, are their details
involving their name(s) and address(es) mentioned to the offender(s)?

7.    Does your authority use covert and overt surveillance cameras to
capture flytippers in the act?

8.    Would Article 8 (Section 2 for exemption to privacy) of the European
Convention on Human Rights be applied as an excuse by your authority and
the citizens of the Angus Council area to deploy covert and overt cameras
to catch flytippers in the act? To back up your claim about guidance from
the ICO and to explain the context of the 3rd question, this has been
advised in a 2013 ICO document (see link here:
https://ico.org.uk/about-the-ico/consult...).

 

I look forward to hearing from you within due course.  If you have any
queries or if I can help in any other way, you can contact me through the
What do they know network or by emailing
[Angus Council request email] 

 

Yours sincerely

 

Martin Friedrich

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Legal & Democratic| Angus Council
|Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX 530678|
Tel: 01307 491992

 

 

show quoted sections

FriedrichM, Angus Council

Dear Mr Rainey

 

I refer to our undernoted email dated 11 June 2019.  As we have not
received clarification from you we have assumed that you wish to pursue
your request for review of the council’s response to your original
request, rather than to submit a new request for information. 

 

I would refer you to the Appendix to the council's decision and in
particular the information setting out your right to ask for a review. In
accordance with this process, I have passed your request for review to the
Director - Legal and Democratic and the Chief Executive, who are the
council's Review Panel for this purpose. The Review Panel will write to
you informing you of its decision with regard to your complaint not later
than by 3 July 2019.

 

Yours sincerely

 

Martin Friedrich

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Legal & Democratic| Angus Council
|Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX 530678|
Tel: 01307 491992

 

From: FriedrichM
Sent: 11 June 2019 12:56
To: '[FOI #575287 email]'
<[FOI #575287 email]>
Subject: FOI Request 516/19: What do they know - Flytipping (Clarification
requested)

 

Dear Mr Rainey

 

I refer to your undernoted request for review dated 5 June 2019 (received
by the council that same day).  So that we can take this forward
appropriately I would be grateful if you could clarify something for me. 
I am aware that you have requested a review but at the same time you have
asked new questions and therefore I am wondering whether you wish to make
a new request for information or whether you wish to take this forward as
a request for review.

 

In terms of regulation 9(1) of the Environmental Information (Scotland)
Regulations 2004 (advice and assistance to the applicant) I would explain
that a review can only deal with the request in its original form, i.e. as
received by the council on 9 May 2019, and with the way the council has
dealt with that request in its response to you.  Once a response has been
issued it is not possible to rephrase or modify your request as this would
be a new request for information.  I am therefore wondering if you rather
wish to make a new request for information as your modified questions (as
set out below under B.) are unlikely to have been answered once the
council has responded to your request for review.

 

A.   Your original request:

 

1.    How many flytipping incidents in the county that your authority
controls were reported to West Lothian Council, Police Scotland (including
then Tayside Police) and the Scottish Environmental Protection Agency
between 2010 and 2018?

2.    How many flytipping cases were dropped between 2010 and 2018 because
the evidence was found to be tampered with? Also, how many were dropped
due to fears of reprisals from the reported offender(s)? How many were
also dropped due to lack of evidence?

3.    Can the citizens of the Angus Council area set up their own covert
surveillance cameras to capture flytippers in the act themselves? If so,
apart from Article 8 of the European Convention on Human Rights
(especially regarding section 2 on privacy being exempt in the interest of
preventing crime and disorder) what exact laws need to be taken into
consideration which includes regards to the Information Commissioner’s
Office? If high-quality footage of an offence was successfully captured,
can the footage be used in court?

4.    What is the Litter Control Strategy that Angus Council has to abide
by when investigating flytipping cases along with dog fouling and
littering cases?

 

B.    Your modified, new request would seem to be:

 

1.    How many flytipping incidents in the county that your authority
controls were reported to Angus Council between 2010 and 2018?

2.    How many flytipping cases reported to your authority between 2010
and 2018 resulted in FPNs and/or criminal convictions?

3.    How many flytipping cases reported to your authority between 2010
and 2018 were subject to no further investigation due to insufficient
evidence?

4.    How many flytipping cases reported to your authority between 2010
and 2018 were not subject to further investigation due to tampering of
evidence?

5.    How many flytipping cases reported to your authority between 2010
and 2018 were not subject to further investigation due to concerns raised
from the complainant(s) about reprisals from the reported offender(s)?

 

6.    If the citizens of the Angus Council area give over their contact
details to your authority when reporting flytippers, are their details
involving their name(s) and address(es) mentioned to the offender(s)?

7.    Does your authority use covert and overt surveillance cameras to
capture flytippers in the act?

8.    Would Article 8 (Section 2 for exemption to privacy) of the European
Convention on Human Rights be applied as an excuse by your authority and
the citizens of the Angus Council area to deploy covert and overt cameras
to catch flytippers in the act? To back up your claim about guidance from
the ICO and to explain the context of the 3rd question, this has been
advised in a 2013 ICO document (see link here:
[1]https://ico.org.uk/about-the-ico/consult...).

 

I look forward to hearing from you within due course.  If you have any
queries or if I can help in any other way, you can contact me through the
What do they know network or by emailing
[2][Angus Council request email] 

 

Yours sincerely

 

Martin Friedrich

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Legal & Democratic| Angus Council
|Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX 530678|
Tel: 01307 491992

 

 

show quoted sections

Jonathan Rainey

Dear FriedrichM,

I would like the questions under term B) put forward for examination as a new request.

Yours sincerely,

Jonathan Rainey

FriedrichM, Angus Council

FriedrichM, Angus Council

Dear Mr Rainey

 

Thank you for your information request dated 14 June 2019 (received by
Angus Council on 18 June 2018). You are requesting the following
information:

 

B.         Your modified, new request would seem to be:

 

1.            How many flytipping incidents in the county that your
authority controls were reported to Angus Council between 2010 and 2018?

2.            How many flytipping cases reported to your authority between
2010 and 2018 resulted in FPNs and/or criminal convictions?

3.            How many flytipping cases reported to your authority between
2010 and 2018 were subject to no further investigation due to insufficient
evidence?

4.            How many flytipping cases reported to your authority between
2010 and 2018 were not subject to further investigation due to tampering
of evidence?

5.            How many flytipping cases reported to your authority between
2010 and 2018 were not subject to further investigation due to concerns
raised from the complainant(s) about reprisals from the reported
offender(s)?

6.            If the citizens of the Angus Council area give over their
contact details to your authority when reporting flytippers, are their
details involving their name(s) and address(es) mentioned to the
offender(s)?

7.            Does your authority use covert and overt surveillance
cameras to capture flytippers in the act?

8.            Would Article 8 (Section 2 for exemption to privacy) of the
European Convention on Human Rights be applied as an excuse by your
authority and the citizens of the Angus Council area to deploy covert and
overt cameras to catch flytippers in the act? To back up your claim about
guidance from the ICO and to explain the context of the 3rd question, this
has been advised in a 2013 ICO document (see link here:
https://ico.org.uk/about-the-ico/consult...).

 

If we are unable to provide you with a response within 20 working days, we
will advise you of this in writing.

 

Please refer to the information below which explains your right to
complain if you are unhappy with how the Council is dealing with your
request.

 

If you have any queries, please ask for me on 01307 491992 or email
[1][Angus Council request email]  

 

Yours sincerely

 

Martin Friedrich

 

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Place - Legal & Democratic| Angus
Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX
530678| Tel: 01307 491992

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Request a Review by the Council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Director - Legal & Democratic, Angus Council, Angus House,
Orchardbank Business Park, Forfar DD8 1AN or e-mail
[2][Angus Council request email] within 40 working days.

 

Your request must:

 

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

 

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[3]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [4][email address])

 

 

 

show quoted sections

CHIEFEXEC, Angus Council

1 Attachment

Dear Mr Rainey

 

Please find enclosed a letter from Margo Williamson in response to your
request for review dated 5 June 2019 (received by the council that same
day) with regard to the council's response of 30 May 2019 in respect of
your request for information dated 8 May 2019.

 

Kind regards.

 

Brenda

 

Brenda Keith| Personal Assistant| Executive Support|Tel: 01307 492123 |
Email: [1][email address] or [2][email address]

 

 

This message is strictly confidential. If you have received this in error,
please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

References

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1. mailto:[email address]
2. mailto:[email address]

FriedrichM, Angus Council

Dear Mr Rainey

 

Request for Information

 

Thank you for your request for information dated 14 June 2019 (received by
the Council on 18 June 2019) which has been passed to me for attention. 

 

You have requested the following information and I am dealing with each
point in turn:

 

1.            How many flytipping incidents in the county that your
authority controls were reported to Angus Council between 2010 and 2018?

Total reports 3707, of which 583 were not found and 133 were duplicates,
so actual incidents totalling 2991

2.            How many flytipping cases reported to your authority between
2010 and 2018 resulted in FPNs and/or criminal convictions?

2015 – 2018 = 16 FPNs (prior to 2015 FPNS were recorded as
“litter/flytipping” which means that it is not possible to distinguish how
many were for litter and how many were for flytipping).  We have not been
able to identify any information on criminal convictions in this regard. 
It is officer recollection that no cases have been reported to the
Procurator Fiscal over recent years.

3.            How many flytipping cases reported to your authority between
2010 and 2018 were subject to no further investigation due to insufficient
evidence?

2991 incidents – 16 FPNs = 2975 incidents not followed up with enforcement
action although I can confirm that all incidents would have been
investigated.  However, we do not record and do not hold information where
an investigation has taken place but has not resulted in enforcement
action.

4.            How many flytipping cases reported to your authority between
2010 and 2018 were not subject to further investigation due to tampering
of evidence?

This information is not recorded.

5.            How many flytipping cases reported to your authority between
2010 and 2018 were not subject to further investigation due to concerns
raised from the complainant(s) about reprisals from the reported
offender(s)?

This information is not recorded.

6.            If the citizens of the Angus Council area give over their
contact details to your authority when reporting flytippers, are their
details involving their name(s) and address(es) mentioned to the
offender(s)?

We would not release any complainer’s details to another party.  However,
we would advise the complainer that should the incident reach the
Procurator Fiscal that, depending on circumstances, they might be called
as a witness.

7.            Does your authority use covert and overt surveillance
cameras to capture flytippers in the act?

Overt CCTV with clear signage has been used in a limited number of cases
in recent years.

8.            Would Article 8 (Section 2 for exemption to privacy) of the
European Convention on Human Rights be applied as an excuse by your
authority and the citizens of the Angus Council area to deploy covert and
overt cameras to catch flytippers in the act? To back up your claim about
guidance from the ICO and to explain the context of the 3rd question, this
has been advised in a 2013 ICO document (see link here:
[1]https://ico.org.uk/about-the-ico/consult...).

In response I refer you to the council’s response to your request for
review dated 3 July 2019 which I reproduce here for your information:

 

“In response to Query 3 of your request, I would confirm that the right of
access to information under the EIR extends only to recorded information.
Unrecorded information which may be known to the authority is not covered
by the EIR. The Panel agreed with the council’s original response that the
council is unable to provide legal advice to the public. In accordance
with the reg 9(1) EIR duty to provide advice and assistance, I would
confirm that the Information Commissioner’s Office (ICO) can provide you
with guidance on the processing of personal data by individuals.

 

[ … ]

Just for completeness, it was noted that the council’s response contained
a hyperlink to the ICO Code of Practice. This would not have been visible
to you as the What do they know? website strips hyperlinks out of
responses and therefore this hyperlink is repeated here in full:
[2]https://ico.org.uk/media/for-organisatio...
“.

 

I hope that this information is of some help to you. Please note that the
information contained in this reply is believed to be accurate as of
today's date (unless otherwise indicated) but no warranty is given.
Further, Angus Council does not accept liability for any loss, injury or
damage which arises from the use of the information contained in this
reply either by you or by any other party. Please refer to the information
set out below which explains your right to complain if you are unhappy
with how the Council has dealt with your request. If you have any queries,
please contact me on 01307 491992 or e-mail
[3][Angus Council request email]

 

Yours sincerely

 

Martin Friedrich

 

 

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Legal & Democratic| Angus Council
|Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX 530678

 

 

 

From: FriedrichM
Sent: 18 June 2019 11:45
To: '[FOI #575287 email]'
<[4][FOI #575287 email]>
Subject: FOI Request 634/19: What do they know - Flytipping (2)

 

Dear Mr Rainey

 

Thank you for your information request dated 14 June 2019 (received by
Angus Council on 18 June 2018). You are requesting the following
information:

 

B.         Your modified, new request would seem to be:

 

9.            How many flytipping incidents in the county that your
authority controls were reported to Angus Council between 2010 and 2018?

10.          How many flytipping cases reported to your authority between
2010 and 2018 resulted in FPNs and/or criminal convictions?

11.          How many flytipping cases reported to your authority between
2010 and 2018 were subject to no further investigation due to insufficient
evidence?

12.          How many flytipping cases reported to your authority between
2010 and 2018 were not subject to further investigation due to tampering
of evidence?

13.          How many flytipping cases reported to your authority between
2010 and 2018 were not subject to further investigation due to concerns
raised from the complainant(s) about reprisals from the reported
offender(s)?

14.          If the citizens of the Angus Council area give over their
contact details to your authority when reporting flytippers, are their
details involving their name(s) and address(es) mentioned to the
offender(s)?

15.          Does your authority use covert and overt surveillance cameras
to capture flytippers in the act?

16.          Would Article 8 (Section 2 for exemption to privacy) of the
European Convention on Human Rights be applied as an excuse by your
authority and the citizens of the Angus Council area to deploy covert and
overt cameras to catch flytippers in the act? To back up your claim about
guidance from the ICO and to explain the context of the 3rd question, this
has been advised in a 2013 ICO document (see link here:
[5]https://ico.org.uk/about-the-ico/consult...).

 

If we are unable to provide you with a response within 20 working days, we
will advise you of this in writing.

 

Please refer to the information below which explains your right to
complain if you are unhappy with how the Council is dealing with your
request.

 

If you have any queries, please ask for me on 01307 491992 or email
[6][Angus Council request email]  

 

Yours sincerely

 

Martin Friedrich

 

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Place - Legal & Democratic| Angus
Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX
530678| Tel: 01307 491992

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Request a Review by the Council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Director - Legal & Democratic, Angus Council, Angus House,
Orchardbank Business Park, Forfar DD8 1AN or e-mail
[7][Angus Council request email] within 40 working days.

 

Your request must:

 

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

 

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[8]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [9][email address])

 

 

 

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