Ownership of Carterton Recreation Ground

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

Rowan Braithwaite

Dear West Oxfordshire District Council,

Please provide all information/documents that you hold relating to who owns Carterton Recreation Ground. Alvescot Road, Carterton, OX18 3JQ.

Please provide all information/communications that you hold relating to planning applications made by Carterton Town Council relating to the above-mentioned site (including, but not limited to, whether applications for outline or full planning permission), and the granting of any such permissions.

Yours faithfully,

Rowan Braithwaite

West Oxfordshire DC Customer Services, West Oxfordshire District Council

[1]West Oxfordshire District Council logo
Customer update
Further to your recent contact with us we are contacting you to Close the case

Update: Thank you for your request for information.

Please use the link to submit your request

https://www.westoxon.gov.uk/about-the-co...

Your request/s will being dealt with under the terms of the Freedom of Information Act 2000 or Environmental Information Regulations 2004
and will be answered within twenty working days from the date of receipt. This timescale may be extended under certain circumstances. If
this happens you will be notified of this and the estimated date of response.

Kind regards

Your reference number is 01091992.

If you need to provide further information then simply respond to this email.

Most information can be found on our website, please visit [2]www.westoxon.gov.uk.

Regards
Customer Services

How do you rate your overall experience of the service delivered by West Oxfordshire District Council?
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West Oxfordshire District Council
Elmfield
New Yatt Road Date: 14/06/2022
Witney
OX28 1PB [6]Privacy notice

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Rowan Braithwaite

Dear West Oxfordshire DC Customer Services,

I am a bit confused by your response, stating that it is to "close the case", but thank you for acknowledging receipt of my request. it is my understanding that it is a legally valid request:

https://ico.org.uk/your-data-matters/off...

Therefore, I look forward to receiving the information within the statutory time frame unless my understanding is incorrect and you wish to correct it, or there are valid exemptions that you wish to apply and cite.

Yours sincerely,

Rowan Braithwaite

West Oxfordshire DC Customer Services, West Oxfordshire District Council

[1]West Oxfordshire District Council logo
Thank you for contacting us
Your reference number is 01091992.

Your enquiry will be passed to one of our advisors who will be in contact
if required.

If you need to provide further information then simply respond to this
email.

Most information is available on our website, please visit
[2]www.westoxon.gov.uk

Regards
Customer Services
West Oxfordshire District Council
Elmfield
New Yatt Road Date: 14/06/2022
Witney
OX28 1PB [4]Privacy notice

[3]Visit our website

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West Oxfordshire DC Customer Services, West Oxfordshire District Council

[1]West Oxfordshire District Council logo
Customer update
Further to your recent contact with us we are contacting you to Provide an
update

Update: Good afternoon,

Thank you for your response.

All freedom of Information requests now have to be applied for using our
online form (see link sent in my colleagues previous email to you). Once
we have your request it will be responded to within 20 days of receipt.

Best regards
Customer Services

Your reference number is 01091992.

If you need to provide further information then simply respond to this
email.

Most information can be found on our website, please visit
[2]www.westoxon.gov.uk.

Regards
Customer Services

How do you rate your overall experience of the service delivered by West
Oxfordshire District Council?
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West Oxfordshire District Council
Elmfield
New Yatt Road Date: 14/06/2022
Witney
OX28 1PB [6]Privacy notice

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Rowan Braithwaite

Dear Sir/Madam,

Further to the previously provided evidence that the request that has already been submitted is legally valid, section 1(1) of the Freedom of Information Act 2000 ("FOIA") creates the obligation on Public Authorities to inform as to whether requested information is held and, if so, to provide it:

"1 General right of access to information held by public authorities.
(1) Any person making a request for information to a public authority is entitled—
(a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him".

https://www.legislation.gov.uk/ukpga/200...

Section 8 sets out the requirements for a valid request for information:

8 Request for information.
(1) In this Act any reference to a “request for information” is a reference to such a request which—
(a) is in writing,
(b) states the name of the applicant and an address for correspondence, and
(c) describes the information requested.
(2).For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request—
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference".

I aver that the request I have submitted meets these requirements.

Since West Oxfordshire District Council's ("WODC") demand appears to contradict the statutory requirements of FOIA, please provide the section(s) of the act(s) that you rely on to evidence that "All freedom of Information requests now have to be applied for using our online form".

Principle 1.5 of the Seven Principles of Public Life ("SPPL") requires that "Information should not be withheld from the public unless there are clear and lawful reasons for so doing". Please provide the "clear and lawful reasons for so doing", in this instance.

Since it appears that WODC may be illegally obstructing the provision of the requested information in breach of FOIA and SPPL, please provide the names of the people who have provided replies to this request as a means of ensuring accountability in accordance with principle 1.4 of SPPL. Also, who is stipulating the obligation to use the online form?

Please explain how such a stipulation meets the requirements of principle 1.1 of SPPL, being "solely in the public interest".

In the absence of the provision of lawful excuse to the contrary, I aver that the original request is valid and the statutory time limit is calculated from the date thereof, but I await your response.

I appreciate your help in clarifying these matters notwithstanding the legal duty to provide advice and assistance under section 16 of FOIA.

Yours faithfully,

Rowan Braithwaite

West Oxfordshire DC Customer Services, West Oxfordshire District Council

[1]West Oxfordshire District Council logo
Thank you for contacting us
Your reference number is 01091992.

Your enquiry will be passed to one of our advisors who will be in contact
if required.

If you need to provide further information then simply respond to this
email.

Most information is available on our website, please visit
[2]www.westoxon.gov.uk

Regards
Customer Services
West Oxfordshire District Council
Elmfield
New Yatt Road Date: 14/06/2022
Witney
OX28 1PB [4]Privacy notice

[3]Visit our website

References

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Rowan Braithwaite

Dear West Oxfordshire District Council (WODC),

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

I am writing to request an internal review of West Oxfordshire District Council's handling of my FOI request 'Ownership of Carterton Recreation Ground'.

Section 8 of the Freedom of Information Act 2000 ("the act") states:

8 Request for information.
(1) In this Act any reference to a “request for information” is a reference to such a request which—
(a) is in writing,
(b) states the name of the applicant and an address for correspondence, and
(c) describes the information requested.
(2) For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request—
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.

I submitted a request for information that meets these requirements.

Section 1 of the act states:

1 General right of access to information held by public authorities.
(1) Any person making a request for information to a public authority is entitled—
(a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.

In response to my request, WODC stated, "Further to your recent contact with us we are contacting you to Close [sic] the case", failing to inform whether it holds the information, and, if so, failing to communicate it. This appears to constitute two separate breaches of the act. No exemption has been cited.

Furthermore, WODC subsequently stated, "All freedom of Information requests now have to be applied for using our online form". It is my understanding that this is an illegal requirement (see section 8).

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Rowan Braithwaite

West Oxfordshire DC Customer Services, West Oxfordshire District Council

[1]West Oxfordshire District Council logo
Customer update
Further to your recent contact with us we are contacting you to Provide an update

Update: Good morning

Thank you for your request for information.

Please use the link to submit your request

https://www.westoxon.gov.uk/about-the-co...

Your request/s will being dealt with under the terms of the Freedom of Information Act 2000 or Environmental Information Regulations 2004
and will be answered within twenty working days from the date of receipt. This timescale may be extended under certain circumstances. If
this happens you will be notified of this and the estimated date of response.

Kind regards

Your reference number is 01099117.

If you need to provide further information then simply respond to this email.

Most information can be found on our website, please visit [2]www.westoxon.gov.uk.

Regards
Customer Services

How do you rate your overall experience of the service delivered by West Oxfordshire District Council?
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West Oxfordshire District Council
Elmfield
New Yatt Road Date: 22/06/2022
Witney
OX28 1PB [6]Privacy notice

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Rowan Braithwaite

Dear West Oxfordshire District Council,

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

I am writing to request an internal review of West Oxfordshire District Council's handling of my FOI request 'Ownership of Carterton Recreation Ground'.

Please see details already provided above.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

Rowan Braithwaite

West Oxfordshire DC Customer Services, West Oxfordshire District Council

[1]West Oxfordshire District Council logo
Customer update
Further to your recent contact with us we are contacting you to Provide an update

Update: Thank you for your request for information.

Please use the link to submit your request

https://www.westoxon.gov.uk/about-the-co...

Your request/s will being dealt with under the terms of the Freedom of Information Act 2000 or Environmental Information Regulations 2004
and will be answered within twenty working days from the date of receipt. This timescale may be extended under certain circumstances. If
this happens you will be notified of this and the estimated date of response.

Kind regards

Your reference number is 01100397.

If you need to provide further information then simply respond to this email.

Most information can be found on our website, please visit [2]www.westoxon.gov.uk.

Regards
Customer Services

How do you rate your overall experience of the service delivered by West Oxfordshire District Council?
[3][IMG] [4][IMG]
West Oxfordshire District Council
Elmfield
New Yatt Road Date: 23/06/2022
Witney
OX28 1PB [6]Privacy notice

[5]Visit our website

References

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Helen Cross left an annotation ()

The ICO have said that whilst a public authority can request a form is filled in, you are not obliged to do this. The Council have received your request for information sent via WhatDoTheyKnow, and by law, they have to provide you with a response.

If they have not responded to you by the 20 working day deadline, you can complain to the ICO - https://ico.org.uk/make-a-complaint/foi-...

Helen - WhatDoTheyKnow.com volunteer

Helen Cross left an annotation ()

I have received the same response from the contact centre when requesting information from Cotswold District Council (whose staff work for the same company as those at West Oxon). I have eventually managed to get them to acknowledge my request. I don't know if the same approach would work for you, as they have not responded to your repeated requests for an internal review, but I'll link to it here in case it is helpful: https://www.whatdotheyknow.com/request/c...

Helen - WhatDoTheyKnow.com volunteer

DoNotReply FOI,

Further to your request for information we can advise:

 

1. According to the planning application form for 20/03576/FUL the
recreation ground is owned by Carterton Town Council. This can be checked
by contacting the land registry.

2. Planning history

W77/1133 Public meeting hall with council chamber and offices. The
application was withdrawn and there is no correspondence on microfiche,
only plans.

11/1251/P/FP Construction of bandstand/performance structure and
associated works. Approved. Documents available to view online. No
correspondence on file.

20/03576/FUL Construction of new pavilion. Documents available to view
online. There is no correspondence other than third party representations
on the file. These are summarised in the officer committee report
(available online) and have not been provided here due to data protection.

 

Kind regards

Freedom of Information Team

West Oxfordshire District Council

Recipients should be aware that all e-mails and attachments sent and
received by West Oxfordshire, Cotswold and/or Forest of Dean District
Council may be accessible to others in the Council for business or
litigation purposes, and/or disclosed to a third party under the Freedom
of Information or Data Protection Legislation. If you have received this
e-mail in error please inform the sender and delete it.

Rowan Braithwaite

Dear West Oxfordshire District Council,

I believe that you may now have conducted an internal review and provided a revised response in relation to this request, but have posted it in reply to the wrong request. Can you please remedy the situation so that I can reply to you in the correct thread and in response to the right request.

Many thanks.

Yours faithfully,

Rowan Braithwaite

Rowan Braithwaite left an annotation ()

This request has now been submitted to the Information Commissioner's Office, along with two other requests, for investigation.