Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      
 
Email/Llythyru electronig:
  [1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0373

Date / Dyddiad:   13/04/18

Request Accepted

FREEDOM of INFORMATION ACT 2000

Reference No: F2018/0373

Dear Mr Hargreaves

Thank you for your request for information, received at this office on
13/04/18, in which you requested details of the following:

Operation Gleam   

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

The due date for responding to this request for information is 14/05/18.

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

We would like to take this opportunity to thank you for your interest in
Powys County Council.

Yours sincerely,

Information Compliance Team

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References

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1. mailto:[Powys County Council request email]

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      

Email/Llythyru electronig:
[1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0373

Date / Dyddiad:   02/01/2018

Reference No: F2018-0373

Dear Mr Hargreaves

Thank you for your request for information dated 13/04/18 concerning
Operation Gleam

This is to inform you that your request has been considered and I can
provide the following response:

The Request:

I would be grateful if you could publish all emails from Clive Jones to
Ken Yorston on 21st July 2014 that are related to the instigation of legal
proceedings against myself (Matthew Hargreaves) in relation to Operation
Gleam.

The Response:

This information, if held, is not for disclosure based on Section 30 (1)
(b & c), Section 32 and Section 44 of The Freedom of Information Act 2000.

Section 17 of the Freedom of Information Act 2000 requires Powys County
Council, when refusing to provide such information (because the
information is exempt) to provide you the applicant with a notice which:

(a)  states that fact;

(b)  specifies the exemption in question and

(c)  states (if that would not otherwise be apparent) why the exemption
applies.

In this instance the relevant exemption is Section 30 of the Freedom of
Information Act:

Section 30: Investigations and proceedings conducted by public authorities
-

(1) Information held by a public authority is exempt information if it has
at any time been held by the authority for the purposes of -

(a) Any investigation which the public authority has a duty to conduct
with a view to it being ascertained -

(i) Whether a person should be charged with an offence, or,

(ii) Whether a person charged with an offence is guilty of it.

(b) Any investigation which is conducted by the authority and in the
circumstances may lead to a decision by the authority to institute
criminal proceedings which the authority has power to conduct, or,

(c) Any criminal proceedings which the authority has power to conduct.

(2) Information held by a public authority is exempt information if -

(a) It was obtained or recorded by the authority for the purposes of its
functions relating to -

(i) Investigations falling within subsection (1) (a) or (b),

(ii) Criminal proceedings which the authority has power to conduct,

(iii) Investigations (other than investigations falling within subsection
(1) (a) or (b)) which are conducted by the authority for any of the
purposes specified in section 31(2) and either by virtue of Her Majesty’s
prerogative or by virtue of powers conferred by or under any enactment,
or,

(iv) Civil proceedings which are brought by or on behalf of the authority
and arise out of such investigations, and,

(b) It relates to the obtaining of information from confidential sources.

(3) The duty to confirm or deny does not arise in relation to information
which is (or if it were held by the public authority would be) exempt
information by virtue of subsection (1) or (2).

(4) In relation to the institution or conduct of criminal proceedings or
the power to conduct them, references in subsection (1) (b) or (c) and
subsection (2) (a) to the public authority include references -

(a) To any officer of the authority,

(b) In the case of a government department other than a Northern Ireland
department, to the Minister of the Crown in charge of the department, and,

(c) In the case of a Northern Ireland department, to the Northern Ireland
Minister in charge of the department.

In accordance with Section 30 of the Freedom of Information Act 2000 I am
unable to provide you with the details you have requested.

Section 32 Court records,

(1)Information held by a public authority is exempt information if it is
held only by virtue of being contained in—

(a)any document filed with, or otherwise placed in the custody of, a court
for the purposes of proceedings in a particular cause or matter,

(b)any document served upon, or by, a public authority for the purposes of
proceedings in a particular cause or matter, or

(c)any document created by—

(i)a court, or

(ii)a member of the administrative staff of a court,

for the purposes of proceedings in a particular cause or matter.

(2)Information held by a public authority is exempt information if it is
held only by virtue of being contained in—

(a)any document placed in the custody of a person conducting an inquiry or
arbitration, for the purposes of the inquiry or arbitration, or

(b)any document created by a person conducting an inquiry or arbitration,
for the purposes of the inquiry or arbitration.

(3)The duty to confirm or deny does not arise in relation to information
which is (or if it were held by the public authority would be) exempt
information by virtue of this section.

44 Prohibitions on disclosure.

(1)Information is exempt information if its disclosure (otherwise than
under this Act) by the public authority holding it—

(a)is prohibited by or under any enactment,

(b)is incompatible with any obligation, or

(c)would constitute or be punishable as a contempt of court.

(2)The duty to confirm or deny does not arise if the confirmation or
denial that would have to be given to comply with section 1(1)(a) would
(apart from this Act) fall within any of paragraphs (a) to (c) of
subsection (1).

In accordance with Section 44 of the Freedom of Information Act 2000 I am
unable to provide you with the details you have requested.  The Section 44
prohibition is “prohibited under any enactment” namely Criminal
 Proceeding & Investigations Act 1996 .

We will neither confirm nor deny that we hold any of the information
requested.

We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.

We would like to take this opportunity to thank you for your interest in
Powys County Council.

Yours sincerely,

Information Compliance Team

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner.

The copyright of most of the information that we provide in response to
Freedom of Information Act requests will be owned by Powys County Council.
The copyright in other information may be owned by another person or
organisation, as indicated in the information itself.

For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.

[2]http://www.opsi.gov.uk/advice/crown-copy...

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Compliance. Our complaints procedure is available on request or on our
website.

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

2nd floor

Churchill House

Churchill way

Cardiff

CF10 2HH

Tel: 029 2067 8400

Email: [3][email address]

[4]www.ico.org.uk

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References

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1. mailto:[Powys County Council request email]
2. http://www.opsi.gov.uk/advice/crown-copy...
3. mailto:[email address]
4. http://www.ico.org.uk/

Dear Mr Hargreaves

We acknowledge receipt of your complaint regarding the Information relating to " Operation Gleam ". We regret that you have expressed dissatisfaction in the service provided by Powys County Council in respect of your recent request for information. Your complaint will be referred to the most appropriate individual for review, in accordance with the Council’s Freedom of Information Complaints Policy.

Powys County Council attempts to respond to requests for a review within 20 working days, however, this is not possible in all cases. We will endeavour to respond by 05/06/18.

Information Compliance Team

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Dear Mr Hargreaves

Please accept our apologies for the delay in sending you the  response to
your request for an Internal Review into F2018-0373 Operation Gleam. 

Information Compliance Team

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