Pavement defects Site history reports
Dear Essex County Council,
Please supply the site history reports for pavement defects in the Frinton-on-Sea ward (part of the Frinton and Walton CC Division). These should include all reports since the 'new' strategy for assessing defects was implemented ie since 2016.
Yours faithfully,
Mr R H K Everett
Thank you for your recent request for information.
Your request is covered by the Environmental Information Regulations, which requires us to respond within 20 working days.
We will determine and let you know whether we hold the information you have requested and consider whether we are able to release the information or if it is exempt from disclosure.
ECC does not usually charge for providing information to its requestors as the provision of electronic copies is negligible, however under certain circumstances we may have to do so if providing the information costs more than £25. We will let you know before we do any work that would incur a charge.
Please note that the response and data released to you as part of this request will be published on the Essex County Council website. The website address is https://secureapps.essex.gov.uk/Freedom_.... All requests will be anonymised and no personal information including contact details will be disclosed as part of this process.
Please contact me if you would like further advice or assistance about your request, or your right to access information held by Essex County Council.
Yours sincerely,
Lillian Denhart
Your Right To Know
Essex County Council
T: 033301 38989
E: [email address]
W: www.essex.gov.uk
Dear Mr Everett,
Thank you for your recent request for information. In order for us to process your request we are seeking clarification:
Clarification from the service area: 'I'm afraid we don't hold ward information in our asset management system. Ward boundaries would be used by Tendring District Council. I am able to narrow down Site History Reports by Town i.e., Frinton-on-Sea. Would you be happy with that?'
Your request will be closed and logged as a new request once we receive clarification from you.
Yours sincerely,
Naomi Hinder
Your Right To Know
Essex County Council
T: 033301 38989
E: [email address]
W: www.essex.gov.uk
Please consider the environment before printing this e-mail
Good morning Mr Everett,
I sent you a clarification email on the 20/09, do you still want this looked at? If yes, can you get back to me clarifying what information you need and I will open a new case for you.
Clarification from the service area: 'I'm afraid we don't hold ward information in our asset management system. Ward boundaries would be used by Tendring District Council. I am able to narrow down Site History Reports by Town i.e., Frinton-on-Sea. Would you be happy with that?'
Yours sincerely,
Naomi Hinder
Your Right To Know
Essex County Council
T: 033301 38989
E: [email address]
W: www.essex.gov.uk
Please consider the environment before printing this e-mail
Dear Your Right To Know,
Yes please Frinton and Walton will suffice.
Yours sincerely,
Mr R H K Everett
Dear Sir/Madam,
Thank you for your clarified request for information which we will handle
under the Environmental Information Regulations 2005.
The Regulation allows us up to 20 working days (excluding statutory
holidays), with an additional 20 working days for voluminous or complex
requests, to process a valid request for information. We will inform you
if we require the additional time for your request.
We may be in touch with you should we require any further clarification.
We will determine and let you know whether we hold the information you
have requested and consider whether we are able to release the information
or if it is exempt from disclosure.
ECC does not usually charge for providing information to its requestors as
the provision of electronic copies is negligible, however under certain
circumstances we may have to do so if providing the information costs more
than £25. We will let you know before we do any work that would incur a
charge.
Please note that the response and data released to you as part of this
request will be published on the Essex County Council website. The website
address is [1]https://secureapps.essex.gov.uk/Freedom_...
All requests will be anonymised and no personal information including
contact details will be disclosed as part of this process.
Please contact me if you would like further advice or assistance about
your request, or your right to access information held by Essex County
Council.
Kind Regards
Trevor Anthony-Jones
Your Right To Know
External IG Team
Democracy and Transparency
Corporate and Customer Services
Essex County Council
T: 03330 138989
E: [2][email address]
W: [3]www.essex.gov.uk
[4][IMG][5][IMG][6][IMG][7]WEISF_Email_Signature_Icon
Dear Essex County Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Essex County Council's handling of my FOI request 'Pavement defects Site history reports'.
The legal time limit for response has exceeded the 18th October deadline. Please supply the information required by7 my original request.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Mr R H K Everett
Dear Sir,
We requested clarification on this request on 11/10/22, which you replied
to on 12/10/22 and new acknowledgment was sent out on that date. A
response is not due to you until 09/11/22.
Please use the unique reference numbers provided with each acknowledgment,
as you will appreciate that you submit quite a few requests, all very
similar in subject matter and without the reference that we provide it is
sometimes unclear exactly which request you are referring to.
Kind Regards
Trevor Anthony-Jones
Your Right To Know
External IG Team
Democracy and Transparency
Corporate and Customer Services
Essex County Council
T: 03330 138989
E: [1][email address]
W: [2]www.essex.gov.uk
[3][IMG][4][IMG][5][IMG][6]WEISF_Email_Signature_Icon
Dear Sir/Madam,
Thank you for your request for information. Please find our response to
your request on the accompanying document(s)
I trust that this information satisfies your request. However, should you
require anything further, please contact me and I will endeavour to assist
you further.
If you are not satisfied with your response, please contact me so I can
try to resolve the issue. Alternatively, if you wish to make a complaint,
you can find the details at
https://www.essex.gov.uk/Your-Council/Yo...
If, after following our complaints procedure, you are still not satisfied,
you are entitled to ask the Information Commissioner to review our
decision. You can contact the Information Commissioner at Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF; Telephone 0303 123 1113.
Please note that the response and data released to you as part of this
request will be published on the Essex County Council website. The website
address is
https://www.essex.gov.uk/Your-Council/Yo....
All requests will be anonymised and no personal information including
contact details will be disclosed as part of this process.
If you would like to take a short customer satisfaction survey please use
the link below
https://consultations.essex.gov.uk/infor...
Yours sincerely,
Oliver Sharpe
Your Right To Know
Essex County Council
T: 033301 38989
E: [email address]
Dear Your Right To Know,
Thank you for your partial response to my request. In the original request I asked for all data from 2016 onwards. Your response only covers mid 2019 onwards. A previous response (on a very limited number of roads) did in fact cover from 2016 onwards so i am at a loss as to why you have unilaterally changed my request to 2019 onwards. Please supply the rest of the information requested.
Yours sincerely,
Mr R H K Everett
Dear Sir,
We have been advised by Essex Highways (who provided the response) that
request asked for data from when the new strategy was introduced, which
was in July 2019.
I hope that this clarifies why the response started from that date.
Kind Regards
Trevor Anthony-Jones
Your Right To Know
External IG Team
Democracy and Transparency
Corporate and Customer Services
Essex County Council
T: 03330 138989
E: [1][email address]
W: [2]www.essex.gov.uk
[3][IMG][4][IMG][5][IMG][6]WEISF_Email_Signature_Icon
Dear Essex County Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Essex County Council's handling of my FOI request 'Pavement defects Site history reports'.
Even though the original request made it clear that the site history requested should include the time frame from 2016 to the present day information from only 2019 onwards has been provided. A report with the parameters from 2016 onwards is required.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Mr R H K Everett
Dear Sir or Madam,
Your Internal Review Request:
Thank you for your request to review our handling of your recent request for information reference ECC13570212 10 22, received by us on 23/09/2022 .
We will review the handling of your request and respond with our formal decision on the aspects you have asked us to consider within 20 working days.
Please contact me if you would like further advice or assistance about your request, review or your right to access information held by us.
Yours sincerely,
Naomi Hinder
Your Right To Know
Essex County Council
T: 033301 38989
E: [email address]
W: www.essex.gov.uk
Please consider the environment before printing this e-mail
Dear Sir/Madam,
Thank you for your request for an Internal Review. Please find our
response to your request on the accompanying document(s).
If you are not satisfied with this response and wish to make a complaint,
you can find the details at
[1]http://www.essex.gov.uk/customer-service...
If, after following our complaints procedure, you are still not satisfied,
you are entitled to ask the Information Commissioner to review our
decision. You can contact the Information Commissioner at Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF; Telephone 0303 123 1113.
Yours sincerely,
Naomi Hinder
Your Right to Know
Essex County Council
Telephone: 033301 38989
E-mail: [2][email address]
References
Visible links
1. http://www.essex.gov.uk/customer-service...
2. mailto:[email address]
Dear Mr Everett,
Apologies I did not attach the original response and attachments to this
Internal Review response, they are now here.
Yours sincerely,
Naomi Hinder
Your Right To Know
Essex County Council
T: 033301 38989
E: [1][email address]
W: [2]www.essex.gov.uk
P Please consider the environment before printing this e-mail
[3][IMG][4][IMG][5][IMG][6]WEISF_Email_Signature_Icon
From: Your Right To Know
Sent: 24 November 2022 10:01
To: [FOI #900126 email]
Subject: Internal Review Response ECC13668301 11 22
Dear Sir/Madam,
Thank you for your request for an Internal Review. Please find our
response to your request on the accompanying document(s).
If you are not satisfied with this response and wish to make a complaint,
you can find the details at
[7]http://www.essex.gov.uk/customer-service...
If, after following our complaints procedure, you are still not satisfied,
you are entitled to ask the Information Commissioner to review our
decision. You can contact the Information Commissioner at Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF; Telephone 0303 123 1113.
Yours sincerely,
Naomi Hinder
Your Right to Know
Essex County Council
Telephone: 033301 38989
E-mail: [8][email address]
References
Visible links
1. mailto:[email address]
2. http://www.essex.gov.uk/
3. https://eur02.safelinks.protection.outlo...
4. https://eur02.safelinks.protection.outlo...
5. https://eur02.safelinks.protection.outlo...
6. https://eur02.safelinks.protection.outlo...
7. http://www.essex.gov.uk/customer-service...
8. mailto:[email address]
Mr R H K Everett left an annotation ()
The ICO responded immediately and have instructed ECC to provide the information promised in the internal review within 15 working days.
Dear Mr Everett,
Following your request for an Internal Review of the request logged under
reference ECC13561010 10 22 (a copy of the original response is attached)
we responded to you on 24/11/2022 under reference ECC13668301 11 22. I
attach that response here, duly amended with the correct reference number
as this was inadvertently incorrect when initially sent out.
We advised you in the review that within the original response we had
provided the site history reports collated since the introduction of the
new strategy. The new strategy was not implemented in 2016 and this error
should have been highlighted to you and we should have also sought
clarification for what was being requested, either since the new strategy
was introduced (2019) or from 2016, for which we apologised. We advised
that we would rerun the request and once completed (and redacted) would
forward the site history reports to you. They are the two PDF documents
attached to this email.
You will notice that some information in these two documents has been
withheld (redacted) this is due to an exception in the Environmental
Information Regulations. The exception applicable to the information is
EIR Regulation 12(3) & Regulation 13 which states Personal data of third
parties is exempt if disclosure would breach the principles of the Data
Protection Act 2018. We believe that providing you with the information
would breach the following Data Protection principles:
• Data shall be fairly, lawfully and transparently
processed
• Data shall be collected for specified, explicit and
legitimate purposes and not further processed in a manner that is
incompatible with those purposes
We are applying this exemption because
a. we do not have the consent of the person who is the subject of the
information to disclose it to you,
b. disclosure does not meet any of the Article 6 or 9 conditions that
would make it “necessary”, and
c. disclosure of the information to you would not be connected to the
purpose for which we have collected and are holding the information.
We further believe that the release of the requested information would
cause unwarranted interference to the rights and freedoms and legitimate
interests of the data subject(s). Such a disclosure would in our view
constitute a breach of Article 8 in the Human Rights Act (the right to
privacy and family life). In accordance with the Regulations this letter
acts as a refusal notice in respect of those parts of the request.
I understand that you spoke to my colleague Naomi Hinder on 6^th December
by telephone to see when you would receive the outstanding reports. We
advised they were being prepared due to the large amount of information
within them requiring redaction.
We were made aware yesterday (19/12/22) that you had registered a
complaint with the ICO. You also telephoned yesterday. When I spoke to you
yesterday, I advised that I was aware that the reports were currently with
my line manager for consideration of the application of the above
exception and approval.
We apologise again for the initial confusion. As you are aware we have
dealt with a considerable number of requests, follow up enquiries and
Internal Reviews from yourself on this subject matter. It has at times
been difficult to keep abreast of each request as they often overlap.
I trust this now concludes your request and that you have the information
that you require.
Kind Regards
Trevor Anthony-Jones
Your Right To Know
External IG Team
Democracy and Transparency
Corporate and Customer Services
Essex County Council
T: 03330 138989
E: [1][email address]
W: [2]www.essex.gov.uk
[3]Essex County Council logo
[4][IMG][5][IMG][6][IMG][7]WEISF_Email_Signature_Icon
References
Visible links
1. mailto:[email address]
2. http://www.essex.gov.uk/
4. https://eur02.safelinks.protection.outlo...
5. https://eur02.safelinks.protection.outlo...
6. https://eur02.safelinks.protection.outlo...
7. https://eur02.safelinks.protection.outlo...
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now
Mr R H K Everett left an annotation ()
This was escalated to the ICO today because the data promised in the internal review has still not materialised.