Public Notices Publication Road Traffic Orders

Mark made this Freedom of Information request to Hillingdon Borough Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was refused by Hillingdon Borough Council.

Dear Hillingdon Borough Council,

Without prejudice

Please provide the following information under the FOIA

Between the beginning of February 2017 and just prior to changes taking place in April 2017 there was an exchange of communications between officers in the legal department and others within the council relating to wording in public notices relating to proposal notices for parking management orders under The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 to clearly reflect notices of proposal.

This information is not on public record.

Therefore please provide the communications and or documents in electronic or physical form on the subject of public notices covered under the above mentioned regulations between both elected and appointed offices of the London Borough of Hillingdon .

However, to reduce the scope and area or search the exchanges would have possibly occurred between the those responsible for publishing notices at that time, the Borough Solicitor, the legal Department Practice Manager, Deputy CEO, Council Cabinet members including the leader and deputy leader.

To be clear I am not seeking affirmation of adherence to the above mentioned regulations but internal communications and documents on the subject.

In the event of failure to disclose in the first instance, please ensure to confirm or deny the existence of the information requested.

Yours faithfully,

M Doyle

Residents Services FOI, Hillingdon Borough Council

Dear Mark Doyle,
I am writing in response to your request for information under the Freedom
of Information Act 2000, received on 16/06/2021.
Under the Freedom of Information Act 2000 we have 20 working days to
respond to your requests.  Therefore, the deadline for our response is
14/07/2021.
“Your request for information may be delayed due to urgent operational
responses to dealing with Covid_19 priorities. We apologise for any
inconvenience this may cause. We do remain committed to responding to your
request and will respond as soon as we are able. Should our response to
your request breach the statutory timeframe and you remain unhappy with
our response, you have the right to complain to the Information
Commissioners Office. Their contact details are Information Commissioner's
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF”.
If we require further information or clarification from you to assist us
in responding to your request, or if we require a fee to be paid before we
can respond we will contact you shortly.
Yours sincerely
Riviane Araujo
Members Enquiries Monitoring Officer
Corporate Services and Resources
London Borough of Hillingdon
[1]www.hillingdon.gov.uk

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

From: Mark <[FOI #765792 email]>
Sent: 16 June 2021 16:04
To: FOI <[Hillingdon Borough Council request email]>
Subject: Freedom of Information request - Public Notices Publication Road
Traffic Orders
 
Dear Hillingdon Borough Council,

Without prejudice

Please provide the following information under the FOIA

Between the beginning of February 2017 and just prior to changes taking
place in April 2017 there was an exchange of communications between
officers in the legal department and others within the council relating to
wording in public notices relating to proposal notices for parking
management orders under The Local Authorities' Traffic Orders (Procedure)
(England and Wales) Regulations 1996 to clearly reflect notices of
proposal.

This information is not on public record. 

Therefore please provide the communications and or documents in electronic
or physical form on the subject of public notices covered under the above
mentioned regulations between both elected and appointed offices of the
London Borough of Hillingdon .

However, to reduce the scope and area or search the exchanges would have
possibly occurred between the those responsible for publishing notices at
that time, the Borough Solicitor, the legal Department Practice Manager,
Deputy CEO, Council Cabinet members including the leader and deputy
leader.

To be clear I am not seeking affirmation of adherence to the above
mentioned regulations but internal communications and documents on the
subject.

In the event of failure to disclose in the first instance, please ensure
to confirm or deny the existence of the information requested.

Yours faithfully,

M Doyle

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

Please use this email address for all replies to this request:
[FOI #765792 email]

Is [Hillingdon Borough Council request email] the wrong address for Freedom of Information
requests to Hillingdon Borough Council? If so, please contact us using
this form:
[2]https://gbr01.safelinks.protection.outlo...

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For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[4]https://gbr01.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

FOI, Hillingdon Borough Council

FOI 8917266
Dear Mark Doyle, 

I am writing in response to your request for information below. 

  

We refuse your request for information pursuant to section 14 of the
Freedom of Information Act 2000 because we consider your request to be
vexatious.  

 

If you have any queries regarding this matter, please do not hesitate to
contact me. 

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge,
UB8 1UW (or via email to [1][Hillingdon Borough Council request email] marked for the attention
of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. 

Kind regards,
Data Protection & Freedom of Information Officer | London Borough of
Hillingdon | Legal Services 3E/04
Tel: 01895 55 6351 | FOI Email: [2][Hillingdon Borough Council request email] | SAR
Email: [3][email address
Address: London Borough of Hillingdon Civic Centre, Uxbridge, UB8 1UW

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

From: Residents Services FOI <[email address]>
Sent: 17 June 2021 13:59
To: [FOI #765792 email]
<[FOI #765792 email]>
Cc: FOI <[Hillingdon Borough Council request email]>
Subject: FOI 8917266 - From Mark Doyle - Due on 14th July 2021
 
Dear Mark Doyle,
I am writing in response to your request for information under the Freedom
of Information Act 2000, received on 16/06/2021.
Under the Freedom of Information Act 2000 we have 20 working days to
respond to your requests.  Therefore, the deadline for our response is
14/07/2021.
“Your request for information may be delayed due to urgent operational
responses to dealing with Covid_19 priorities. We apologise for any
inconvenience this may cause. We do remain committed to responding to your
request and will respond as soon as we are able. Should our response to
your request breach the statutory timeframe and you remain unhappy with
our response, you have the right to complain to the Information
Commissioners Office. Their contact details are Information Commissioner's
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF”.
If we require further information or clarification from you to assist us
in responding to your request, or if we require a fee to be paid before we
can respond we will contact you shortly.
Yours sincerely
Riviane Araujo
Members Enquiries Monitoring Officer
Corporate Services and Resources
London Borough of Hillingdon
[4]www.hillingdon.gov.uk

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

From: Mark <[FOI #765792 email]>
Sent: 16 June 2021 16:04
To: FOI <[Hillingdon Borough Council request email]>
Subject: Freedom of Information request - Public Notices Publication Road
Traffic Orders
 
Dear Hillingdon Borough Council,

Without prejudice

Please provide the following information under the FOIA

Between the beginning of February 2017 and just prior to changes taking
place in April 2017 there was an exchange of communications between
officers in the legal department and others within the council relating to
wording in public notices relating to proposal notices for parking
management orders under The Local Authorities' Traffic Orders (Procedure)
(England and Wales) Regulations 1996 to clearly reflect notices of
proposal.

This information is not on public record. 

Therefore please provide the communications and or documents in electronic
or physical form on the subject of public notices covered under the above
mentioned regulations between both elected and appointed offices of the
London Borough of Hillingdon .

However, to reduce the scope and area or search the exchanges would have
possibly occurred between the those responsible for publishing notices at
that time, the Borough Solicitor, the legal Department Practice Manager,
Deputy CEO, Council Cabinet members including the leader and deputy
leader.

To be clear I am not seeking affirmation of adherence to the above
mentioned regulations but internal communications and documents on the
subject.

In the event of failure to disclose in the first instance, please ensure
to confirm or deny the existence of the information requested.

Yours faithfully,

M Doyle

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

Please use this email address for all replies to this request:
[FOI #765792 email]

Is [Hillingdon Borough Council request email] the wrong address for Freedom of Information
requests to Hillingdon Borough Council? If so, please contact us using
this form:
[5]https://gbr01.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]https://gbr01.safelinks.protection.outlo...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[7]https://gbr01.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear FOI,

FOI 8917266

Please would you cononduct an internal review on the above mentioneded request.

I would be grateful if you could provide the reasoning behind your section assessment in that this was a vexatious request.

My intention was not to cause disruption or annoyance, and seeing the reasoning applied would help me to understand how to reframe my request accordingly. However, it should be noted that the request contained a caveat in which should a refusal arise a simple response of confirmation or denial of the existence of requested information.

As you may be aware, the ICO advises that "public authorities must keep in mind that meeting their underlying commitment to transparency and openness may involve absorbing a certain level of disruption and annoyance".

Additionally, the ICO advise that best practice for authorities applying this exemption is to suggest ways in which a request may be made less burdensome (see https://ico.org.uk/media/for-organisatio...).

Paragraph 12 of the ICO guidance on section 14 also states

"It is important to remember that section 14(1) can only be applied to the request itself, and not the individual who submits it. An authority cannot, therefore, refuse a request on the grounds that the requester himself is vexatious. Similarly, an authority cannot simply refuse a new request solely on the
basis that it has classified previous requests from the same individual as vexatious."

Paragraph 13 goes on to state

"Section 14(1) is concerned with the nature of the request rather than the consequences of releasing the requested information. If an authority is concerned about any possible prejudice which might arise from disclosure, then it will need to consider whether any of the exemptions listed in Part II of the Act apply."

Therfore the usage of section 14 is under ther circumsatances in error.

For the avoidance of doubt moving forward , I would also request that Mr Egan not be given the task to conduct the Internal Review as there is a direct conflict of interest in the matter on his part as I beleive that the information requested may contatin corresponadance by himself and he has instructed or counselled the decision of the basis of the section 14 refusal and or the outcome of this request, and in fact the request has been dismissed without reasonable grounds in which to levy a section 14 and stating that it is vexatious when it is patently not, especially when there is there are other means to consider resusal and render information in part or the whole of the request.

This email will be copied to the ICO

Yours sincerely,

M Doyle

Glen Egan, Hillingdon Borough Council

1 Attachment

Dear Mr Doyle
Please see attached correspondence.
Kind regards

Glen Egan 

Office Managing Partner | London Borough of Hillingdon | Legal Services
3E/04  

DX 45101 UXBRIDGE |Tel: 01895 277602  | E-mail:
[1][email address]
Hillingdon Council routinely monitors the content of emails sent and
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Dear Glen Egan,

This is all I need for the record which displays disporoprtionate action and abuse of section 14, thankyou.

Yours sincerely,

M Doyle

Glen Egan, Hillingdon Borough Council



Thank you for your email. I am out of the office, returning tomorrow
06/01/2021. Your email will not be read. If urgent, please liaise with my
colleague Kelly Dyson ([email address]).

 

Many thanks,

 

Glen Egan

Hillingdon Council routinely monitors the content of emails sent and
received via its network for the purposes of ensuring compliance with its
policies and procedures. The contents of this message are for the
attention and use of the intended addressee only. If you are not the
intended recipient or addressee, or the person responsible for sending the
message you may not copy, forward, disclose or otherwise use it or any
part of it in any way. To do so may be unlawful. If you receive this email
by mistake please advise the sender immediately. Where opinions are
expressed they are not necessarily those of the London Borough of
Hillingdon. Service by email is not accepted unless by prior agreement.