Payment by Lord Mayor's Fund to Nominated Charities

The request was partially successful.

Martyn Wilkinson

Dear Hull City Council,

It is the case that for the previous 4 years each charity nominated was paid on or before 31st May of the following financial year. Consequently, for the financial year 2018-19 the payment would have been made on or around May 31st 2019 at the very latest.

It appears that for the 2018-2019 financial year one of the nominated charities has been paid during the month of August 2019. This action discriminates against the remaining nominated charity.

Consequently, I would like to have copies of all emails, minutes of meetings, minutes of phone calls, agendas, memos, whats app group messages, messenger or any social media communication and/or any other media that discusses the reasons and decisions of withholding the payment to the nominated Hull Bullnose Charity Trust.

The dates this FOI request covers is all discussions between 31.5.19 to 7.8.19

This FOI covers all:
1. All communications between Trustees of the Lord Mayor's Trust
2. All communications between Trustees and HCC administration staff
3. All communications between Trustees and any HCC Councillor
4. All communications between HCC councillors

Further, I would like to have copies of all emails, minutes of meetings, minutes of phone calls, agendas, memos, whats app group messages, messenger or any social media communication and/or any other media that discusses the reasons and decisions making the payment to the nominated Hull Animal Welfare Trust.

The dates this FOI request covers is all discussions between 31.5.19 to 7.8.19

This FOI covers all:
1. All communications between Trustees of the Lord Mayor's Trust
2. All communications between Trustees and HCC administration staff
3. All communications between Trustees and any HCC Councillor
4. All communications between HCC councillors

I would also like a copy of the Lord Mayor's Trusts Founding documents and constitution.
Thank you
Yours faithfully,

Martyn Wilkinson

Information Governance, Hull City Council

We acknowledge receipt of your request for information which we will
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Information Governance Team
Town Clerk's Service
Hull City Council
The Guildhall

 

Dear Hull City Council,

The due date for response to my FOI w2as 7th August. The HCC response is now very much overdue. Please could you respond within 7 working days. If I do not hear from the HCC at the end of that time frame, I have no option but to take further action.

Yours faithfully,

Martyn Wilkinson

Information Governance, Hull City Council

Dear Ms Wilkinson

Your request was received on 7 August and our response will be provided to you by the due date of 5 September.

Information Governance Team
Town Clerk's Service
Hull City Council
Tel: 01482 300300

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Information Governance, Hull City Council

2 Attachments

Dear Mr Wilkinson

 

Freedom of Information Act 2000 – Information Request - 001657/19

 

With regard to your Freedom of Information request received on 7 August
2019, please find our response attached and below.

 

 

It is the case that for the previous 4 years each charity nominated was
paid on or before 31st May of the following financial year. Consequently,
for the financial year 2018-19 the payment would have been made on or
around May 31st 2019 at the very latest.

 

It appears that for the 2018-2019 financial year one of the nominated
charities has been paid during the month of August 2019. This action
discriminates against the remaining nominated charity.

 

Consequently, I would like to have copies of all emails, minutes of
meetings, minutes of phone calls, agendas, memos, whats app group
messages, messenger or any social media communication and/or any other
media that discusses the reasons and decisions of withholding the payment
to the nominated Hull Bullnose Charity Trust.

 

The dates this FOI request covers is all discussions between 31.5.19 to
7.8.19

 

This FOI covers all:

1. All communications between Trustees of the Lord Mayor's Trust 2. All
communications between Trustees and HCC administration staff 3. All
communications between Trustees and any HCC Councillor 4. All
communications between HCC councillors

 

Further, I would like to have copies of all emails, minutes of meetings,
minutes of phone calls, agendas, memos, whats app group messages,
messenger or any social media communication and/or any other media that
discusses the reasons and decisions making the payment to the nominated
Hull Animal Welfare Trust.

 

The dates this FOI request covers is all discussions between 31.5.19 to
7.8.19

 

This FOI covers all:

1. All communications between Trustees of the Lord Mayor's Trust 2. All
communications between Trustees and HCC administration staff 3. All
communications between Trustees and any HCC Councillor 4. All
communications between HCC councillors

 

I would also like a copy of the Lord Mayor's Trusts Founding documents

and constitution.

 

The Lord Mayor’s charity appeal fund is usually paid out as soon as
possible once the accounts have been finished after the Lord Mayor’s year
in office and has no set pay out date. 

 

Please find an email attached which was sent to the past Lord Mayor
querying the money.  There is no other recorded correspondence regarding
this as the query was resolved over the telephone.

 

We have also attached a copy of the trust document as requested.

 

In accordance with Section 17 of the Freedom of Information Act, the
Council is required to inform you that some of the information on the
attached documents has not been provided and has been withheld due to the
following exemption under the Act.

 

Section 40 - Personal Information

It is considered that this exemption under Section 40(2) of the Act
applies, namely that some of the information is personal information and
all personal details are protected under the Data Protection Act 2018
legislation.  The Council cannot disclose personal information where to do
so would breach any of the data protection principles.  In this case, we
consider that to release the name of a junior staff member, an external
individual, private addresses and signatures cannot be justified and
consent would not be given, therefore disclosure would breach the rights
of these individuals under the Act.

 

A cheque has not yet been supplied to Hull Bullnose Heritage Trust as
there has been some confusion as to who is the Chairman; however it has
been advised that the monies should be paid to whoever was noted as being
responsible through the charities commission.

 

We have withheld an email sent to the Council on 3^rd July 2019 from an
external party under Section 41 - Information Provided in Confidence as
the information contained within this email was supplied to us with a
quality of confidence and it is reasonable to assume that consent to
disclose would not be given, therefore we believe disclosure of this
information would be considered an actionable breach of confidence. 
Council policy is to treat such information supplied by members of the
public in the strictest confidence.

 

 

We hope that you will be satisfied with our response and should you
require any further information then please do not hesitate to contact
us. 

 

 

Although information supplied in response to your request may be in a PDF
and Microsoft Word format please feel free to contact us should you wish
the information to be supplied in an alternative more readable/reusable
format.

 

 

Should you wish to complain about our response in any way this must
initially be done by e-mailing [1][Hull City Council request email] or by
contacting us at The Information Governance Team, The Guildhall, Alfred
Gelder Street, Hull, HU1 2AA.

 

If you are not satisfied with the outcome of the internal review then you
may take your complaint to the Information Commissioner’s Office, the
government body established to enforce the legislation.

 

Information Commissioner’s Office, Wycliffe House Water Lane, Wilmslow,
Cheshire, SK9 5AF

Web site: [2]https://ico.org.uk

Report a concern: [3]https://ico.org.uk/concerns/

Email: [4][email address]

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

 

ICO states that any emails you choose to send to them, or that they send
to you, are not secure as email messages can be intercepted.  ICO asks
that you include a contact telephone number on any emails you send to
them. 

 

This information may be subject to copyright. The Freedom of Information
Act does not give you an automatic right to re-use this information in a
way that would infringe copyright, for example, by publishing it or
distributing copies.  You are free to use it for your own purposes
including any non-commercial research or private study or for the purposes
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If you wish to re-use this information and this was not specified in your
initial application please contact us to discuss conditions for re-use. In
most cases we will permit use and re-use in accordance with The Open
Government Licence which can be found at
[5]www.nationalarchives.gov.uk/doc/open-government-licence

 

 

Yours sincerely

 

 

 

 

Information Governance

Town Clerk's Service

Hull City Council

Tel: 01482 300300

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Dear Hull City Council,

Please pass this on to the person who conducts Freedom of Information reviews.
I respectfully request an internal review of Hull City Council's handling of my FOI request 'Payment by Lord Mayor's Fund to Nominated Charities'.

The FOI response states that money to Hull Bullnose is being withheld because there is some confusion of who is the chair of the charity.

The HCC's FOI response does not accord with the situation on the ground and actions by HCC. HCC secretary, Karen Park, invited Trustee Treasuer Jan Coles & Chairperson Ray Coles to the September 2019 luncheon for the Lord Mayors Trust. The HCC are aware that Mr Ray Coles and Mrs Jan Coles work 24/7 to keep the Bullnose Heritage Centre running and open for business. Consequently, it would appear that the HCC on an operational level has no confusion.

Therefore, it would appear whichever HCC staff member employed Section 40 (2) as a means for not releasing information is mistaken about HCC's confusion.

However, it would appear that the HCC could not be mistaken about its confusion as the FOI goes on to state that a decision has already been made to make payment to whoever was noted as being responsible through the Charities Commission. So the decision to pay Hull Bullnose has already been made internally as one employee has been advised by another to pay the monies in the way described in this FOI.

That leaves us with the potential pretext of HCC employing Section 40 (2) which relates to the information withheld in the email of 3.7.19. Here the HCC state that it cannot disclose personal information for GDPR reasons. However, the HCC has available to it the tool of redaction. Furthermore, the interest is not who has written this email but what the information rests there for HCC to make financial decisions.

Which takes us to the 'quality of confidence' of the information provided and actionable breach of confidence of an external party. The ICO state that the under Section 40 (2) the authority must take into consideration the public interest defence. Consequently, it is great public interest to the citizens of Hull (given the Hull Daily Mail articles), the paid membership of Hull Bullnose Heritate Group and specifically of significant interest to the Trustee and Treasuer Jan Coles who has is the responsible financial Trustee to the charity. Ms Coles has never been contacted by the HCC to verify the quality in confidence information.

Without input and verification of the information from the legally recognised Trustee and Treasuer, Jan Coles, the HCC has no quality of confidence in its information or actions regarding its payment decision.

Finally, if the HCC's quality of confidence information has been obtained by either another Trustee or an external party so closely associated with the HCC, the Lord Mayor's Trust Trustees and/or the Hull Bullnose group (as an associated person) then a conflict of interest for HCC may exist. If this conflict exists, it is possible that Section 40 (2) has been potentially misused by HCC.

It is hoped that HCC will take the above into consideration the public interest test and more specifically the interest of Treasuer Ms Jan Coles when it reviews this FOI.

Yours faithfully,

Martyn Wilkinson

Dear Information Governance,

https://www.whatdotheyknow.com/request/p...

On the 15th September I requested an internal review to my FOI. At close of business on 11th October (20 working days), I still have not had a response.

Please advise could HCC advise why it has not responded to the request for an internal review? If I do not here back from you within 7 working days, I will have no option but to take this lack of response to the Information Commissioner.

Thank you and
Yours sincerely,
Martyn Wilkinson