Personal Car Use For Business

Christopher James O'Neal made this Freedom of Information request to Isle of Anglesey Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Christopher James O'Neal

Dear Isle of Anglesey Council,

I make this request under the FOI rules & procedures

How many of your employees since January 2016 use there own personal vehicle for the use of the business of Anglesey County Council ?

If the said number is greater than 1, please can you confirm that on each case you have a copy of their insurance policy which includes class 1/2/3 business use on the said policy.

How many personal used cars have you received or not checked for business use ?

I look forward to your truthful answers

Yours faithfully,

Christopher James O'Neal

FOI, Isle of Anglesey Council

I write to acknowledge receipt of your request, made under access to information legislation, for information held by the Council.

Please be advised that, in accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, we aim to respond to your request within 20 working days.

Beryl Jones
Swyddog Gwybodaeth Corfforaethol a Chwynion – Adain Gyfreithiol, Cyngor Sir Ynys Môn Corporate Information and Complaints Officer- Legal Section, Isle of Anglesey County Council

show quoted sections

FOI, Isle of Anglesey Council

Dear Mr O'Neal,

You have asked that the Council answers your question " How many personal used cars have you received or not checked for business use ?" - can you please clarify this request as it is unclear.

I look forward to your response.

Regards

Beryl Jones
Swyddog Gwybodaeth Corfforaethol a Chwynion – Adain Gyfreithiol, Cyngor Sir Ynys Môn
Corporate Information and Complaints Officer- Legal Section, Isle of Anglesey County Council

show quoted sections

Christopher James O'Neal

Dear FOI,
Here IS MY ORIGINAL REQUEST PLEASE EXPLAIN WHAT YOU DONT UNDERSTAND FROM THIS ?

Dear Isle of Anglesey Council,
I make this request under the FOI rules & procedures
How many of your employees since January 2016 use there own personal vehicle for the use of the business of Anglesey County Council ?
If the said number is greater than 1, please can you confirm that on each case you have a copy of their insurance policy which includes class 1/2/3 business use on the said policy.
How many personal used cars have you received or not checked for business use ?
I look forward to your truthful answers

Yours sincerely,

Christopher James O'Neal

FOI, Isle of Anglesey Council

Dear Mr O'Neal,

Whereas you have written "personal used cars have you received or not checked for business use", it is not clear what you mean by this. The Council has a statutory duty to seek clarification on requests which are unclear; with respect, your question is unclear. If you mean how many car journeys have been undertaken for which reimbursement has been claimed, without adequate insurance cover, please confirm this.

Regards

Beryl Jones

show quoted sections

Christopher James O'Neal

Dear FOI,

Business use insurance is what im looking for ?

Yours sincerely,

Christopher James O'Neal

Mr Creathorne left an annotation ()

I really don't know how much clearer it could be. Is the car being used for " hire or reward " . If the staff use their own car for council duties then it is for reward.

FOI, Isle of Anglesey Council

1 Attachment

Dear Mr O'Neal,

Thank you for your e-mail dated 18.11.16 and for providing clarification of your request.

I can now provide you with the Council's response and I am advised as follows:-

"How many of your employees since January 2016 use there own personal vehicle for the use of the business of Anglesey County Council ?"

Response = 746

"If the said number is greater than 1, please can you confirm that on each case you have a copy of their insurance policy which includes class 1/2/3 business use on the said policy.
How many personal used cars have you received or not checked for business use ?"

Response = The information your request is exempt under Section 12 (1) FOIA 2000.

Section 12 of the Act makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for local government is set at £450. This represents the estimated cost of one person spending 18 working hours in determining whether the council holds the information, locating, retrieving and extracting the information.

The information you request is not held in one central location but on every individual personal file. The figure of 746 has been obtained from the Finance Department who deal with all expenses claims and in order to answer your request, the Council would need to identify which services each individual payroll number relates to and forward list to the relevant administrative officer in order that the files could be checked. It is estimated that if every file took 90 seconds to 2 minutes to be located and the documents checked this would result in over 18 hours of work and this is obviously above the appropriate limit.

Where an application for information is judged to exceed the appropriate limit we are obliged to provide advice and assistance as to what you may be required to do to reduce the scope of your request, enabling us to answer within the appropriate limit. However, given the range and scope of this particular request, it is extremely difficult to do so.

However, I attach for your information the "Driver's Declaration" that officers are required to complete if they drive on council business.

If you are dissatisfied with any aspect of this response to your request for information and/or the decision made to withhold information, you may ask for an internal review. Please address your correspondence to the Customer Care Officer, Legal Services, Council Offices, Llangefni, Ynys Môn, LL77 7TW (e-mail: [email address]).

If you are not content with the outcome of an internal review you have the right to apply directly to the Information Commissioner, Wycliffe House, Water Lane, Wilmslow SK9 5AF. Please note that the Information Commissioner is likely to expect internal review procedures to have been exhausted before beginning his investigation.

Regards

Beryl Jones
Swyddog Gwybodaeth Corfforaethol a Chwynion – Adain Gyfreithiol, Cyngor Sir Ynys Môn
Corporate Information and Complaints Officer- Legal Section, Isle of Anglesey County Council

show quoted sections

Christopher James O'Neal

Dear Isle of Anglesey Council,

Thank you for your response in relation to my request for information on number of employee's using their own car for the purpose of the business of Anglesey Council.

I understand that you have however failed to answer the question in relation confirming that you have copies of each of their insurance policies and that each one has the business use classification. My understanding is that you believe this is exempt from FOI., therefore on that basis I am now requesting internal review of my original request and response, and it need to be further noted I have not requested to see copies of them insurance and have asked for no personal details.

As an employer you are duty bound to ensure the safety of your employees and as a local authority you are also responsible in ensuring that those that work for you are covered by liability insurances etc.

As this relates to their personal vehicles the duty is placed upon you to confirm that each and everyone using the vehicle for the purpose of work has the necessary insurance cover "business use" to undertake the work they do either in the vehicle or using the vehicle as a tool for work and therefore as a member of the public I am concerned that you are not able to clarify this answer. On the basis that I am now requesting internal review, and whilst there is doubt that your employees maybe using vehicles without correct insurance thus nullifying their original policies I will also be referring the matter to NWP road traffic unit for a response.

I trust you will understand that this is the right thing to do as I am concerned as a member of the public for my safety and that of other road users.

I look forward to a positive response from the Internal Review. Please supply me details of the officer tasked to review this case at your earliest convenience.

Regards

Chris

Yours faithfully,

Christopher James O'Neal

FOI, Isle of Anglesey Council

1 Attachment

Dear Mr O'Neal,

Please see attached letter noting that your request for an Internal Review has been registered.

Regards

Beryl Jones
Swyddog Gwybodaeth Corfforaethol a Chwynion – Adain Gyfreithiol, Cyngor Sir Ynys Môn
Corporate Information and Complaints Officer- Legal Section, Isle of Anglesey County Council

show quoted sections

Christopher James O'Neal

Dear FOI,

Further to my request for Information I note in your reply that you state 746 persons use their own car for use of the business and checking each file would take between 90 seconds and 2 minutes. So on the basis that every case is going to take 2 minutes that's 1492 minutes in total. so with 60 minutes in an hour that's minutes short of 25 hours. Therefore whilst you have indicated to me the cost would go over the £450 allowance and that being 18 hours allowed for this cost, that breaks down to £25.00 per hour, so whilst FOI are lawfully not allowed to be cprofit making can you tell me how you have come to the figure of £25 per hour and is this the wage that your paying to each officer for carrying out the tasks.

if this is correct please also advise that if your allowance is 18 hours and I'm willing to pay in advance for the other 7 hours that the information will be forthcoming.

Kind Regards

Chris

Yours sincerely,

Christopher James O'Neal

FOI, Isle of Anglesey Council

Dear Mr O'Neal,

The appropriate limit is defined in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 as £450 and equates to 18 hours work. The sum of £25.00 per hour is therefore a statutory sum.

Section 12 of the Act makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for local government is set at £450. This represents the estimated cost of one person spending 18 working hours in determining whether the council holds the information, locating, retrieving and extracting the information. The FOIA provides a right of access to information held at the time a request is made.

The Act does not require research to be undertaken to effectively create new information and therefore, the authority will not be undertaking the work required to provide you with a response unless the Internal Review takes a contrary view.

Regards

Beryl Jones
Swyddog Gwybodaeth Corfforaethol a Chwynion – Adain Gyfreithiol, Cyngor Sir Ynys Môn Corporate Information and Complaints Officer- Legal Section, Isle of Anglesey County Council

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

show quoted sections

FOI, Isle of Anglesey Council

2 Attachments

Dear Mr O'Neal,

Please see attached the result of the Internal Review held on 22.12.16

Regards

Beryl Jones
Swyddog Gwybodaeth Corfforaethol a Chwynion – Adain Gyfreithiol, Cyngor Sir Ynys Môn
Corporate Information and Complaints Officer- Legal Section, Isle of Anglesey County Council

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

show quoted sections