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Dear Cheshire West and Chester Council,

Please can you send me an up to date Organisational Structure Chart for the Special Educational Needs department, including names.

Yours faithfully,

Helen Carver

Cheshire West and Chester Council

RE: Your request under the Freedom of Information Act 2000

Case Reference: 101004799178

Dear Ms Carver

Thank you for your email.

It will be treated as a request within the meaning of the 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.

If we need any further clarification or there is any problem we will be in touch.

In the meantime if you wish to discuss this further please contact FOI West. It would be helpful if you could quote the log number.

Yours sincerely

FOI Unit

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FOI West, Cheshire West and Chester Council

1 Attachment

Dear Ms Carver

 

Thank you for your request for information of 23rd November 2017 which has
been logged as 4799178 and has been dealt with under the Freedom of
Information Act 2000. We confirm that Cheshire West and Chester Council
holds information relating to your request.

 

For the purpose of clarity your request has been reproduced below:

 

REQUEST:

Please can you send me an up to date Organisational Structure Chart for
the Special Educational Needs department, including names

 

RESPONSE:

Please find the structure chart attached. 

 

You will note that we have excluded details (name) of Officers below Tier
4 from the information provided.

This is in accordance with guidance from the ICO, ‘Requests for
Information about Public Authority Employees’ which confirms that junior
officers’ details should not be disclosed. The Council considers that
withholding the names of officers does not alter the extent nor the
content of the information provided.

 

In addition the Council claims the exemption to disclosure under
subsection 40 (2) which states that personal information of third parties
attracts an absolute exemption from disclosure and that such requests must
be dealt with under the Data Protection Act 1998 ( the “DPA”).

 

The requested information is the personal data of a third party, namely
Council officers, as defined by Section 1 of the DPA The personal
information contained within the requested documents identifies at least
one living individual.

 

We must consider whether any of the data protection principles are
contravened by disclosure of this information.

 

The first data protection principle states that processing of personal
data must be fair and lawful.

 

The type of information that has been redacted is the names of Council
officers.  Names are not intended for any wider disclosure purposes as the
Council has a Contact Centre to manage enquiries, details of how to
contact the Council can be found at:
[1]https://www.cheshirewestandchester.gov.u...
.  As disclosure under FOIA is to the ‘world at large’ names have been
redacted.

 

The individual(s) have no reasonable expectation that their details would
be disclosed to the world-at-large and have a right and legitimate
expectation to have their personal information kept private and
confidential.  Further, the following applies:

o The information requested relates to the personal data of Council
staff and other third parties
o Disclosure would lead to the identification of the individuals
concerned;
o Disclosure would place personal information relating to the individual
into the public domain in circumstances where the individual has had
no opportunity to comment on this disclosure;
o The information held was not intended for wider disclosure;
o The individuals would have a reasonable expectation that the
information would be confidential;

 

For the reasons above, the Council considers that disclosure will be
unfair and unreasonable and therefore in breach of the first data
protection principle.

 

Even if disclosure would be fair and reasonable, the Council can only
disclose personal information to a third party if at least one condition
in schedule 2 applies and in the case of sensitive personal data, at least
one of the conditions in Schedule 3 applies. However, as the disclosure
would be unfair and unreasonable, the Council does not have to consider
any conditions in Schedule 2 of the DPA.

 

We trust this answers your query.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction. Where applicable, the Council has also
told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Information Disclosures
Team within 40 working days from the date of the Council’s response.

 

You are entitled to a review by the Council if:

•          You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

•          All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

•          A reason for the disclosures under the request being refused is
not received.

•          You consider that exemptions have been wrongly applied, and/or

•          You consider that a fee has been wrongly applied.

 

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking. The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Information Disclosures Team can be contacted by email via:
[2][Cheshire West and Chester Council request email] or at the following address:

 

Information Governance

Cheshire West and Chester Council

HQ

58 Nicholas Street

Chester

CH1 2NP

 

The Information Disclosures Team will acknowledge a request for an
internal review within 5 working days and complete the review as soon as
possible and no later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:

 

[3]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [4]www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Information Governance

Cheshire West and Chester Council

 

 

FD / PD (INH) / PD (Ex) / PD (Fees) / ND (Info Not Held) / ND (Ex) / ND
(Fees) / Advice & Assistance

 

 

 

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