Public Services Ombudsman Act (Northern Ireland) 2016

The request was partially successful.

Dear Charity Commission for Northern Ireland,

Please publish all correspondence between CCNI and NIPSO, and CCNI to DFC between 1st January 2018 and the 13th July 2018. This will be specifically, correspondence by the CCNI Chief Executive that relates to a final report issued in July 2018. This is information that if released would be in the public interest.

Yours faithfully,

Trevor McKee

ProbityaacNI

Charity Commission Communications, Charity Commission for Northern Ireland

2 Attachments

Dear Mr McKee

 

Thank you for your Freedom of Information request (ref:FOI20180716), which
was received by the Charity Commission for Northern Ireland on 16 July
2018.

 

The Commission aims to answer all Freedom of Information requests within
20 working days. We will let you know if we need to extend this timeline
for any reason.

 

Yours sincerely

 

The Charity Commission for Northern Ireland

257 Lough Road

Lurgan

BT66 6NQ  

                    

T: 028 3832 0220

[1]www.charitycommissionni.org.uk

[2]cid:image003.png@01CED002.FED5F5B0[3]cid:image002.png@01CED002.EE4D5300

The Commission has published new guidance, Serious incident reporting: a
guide for charity trustees, which is available to read or download from
[4]www.charitycommissionni.org.uk

 

This email is from the Charity Commission for Northern Ireland.  It
contains information which is confidential and which may be privileged or
subject to public disclosure under the Freedom of Information Act 2000.
Any views or opinions presented are solely those of the author and do not
necessarily reflect the views of the Charity Commission for Northern
Ireland. It is for the exclusive use of the intended recipient.

 

Any dissemination, distribution, copying or use of this communication or
any attachment to it without prior permission of the addressee is strictly
prohibited.  If you have received it in error please inform us by email,
phone or fax (The Charity Commission for Northern Ireland, 257 Lough
Road,, Lurgan, BT66 6NQ; telephone 028 3832 0220; fax 028 3834 5943;
textphone 028 3834 7639: email [5][CCNI request email]; web
[6]www.charitycommissionni.org.uk ) then delete it from your system

 

For information on how the Charity Commission for Northern Ireland
collects and uses your personal data, you can read our Privacy notice and
Retention schedule summary here:
[7]www.charitycommissionni.org.uk/about-us/privacy-notice-and-retention-schedule.

 

While the Charity Commission for Northern Ireland has taken

 

References

Visible links
1. http://www.charitycommissionni.org.uk/
4. http://www.charitycommissionni.org.uk/
5. mailto:[CCNI request email]
6. http://www.charitycommissionni.org.uk/
7. http://www.charitycommissionni.org.uk/ab...

Charity Commission Communications, Charity Commission for Northern Ireland

2 Attachments

Dear Mr McKee

 

Thank you for your Freedom of Information request (ref: FOI20180716),
which was received by the Charity Commission for Northern Ireland on 16
July 2018.

 

Your request asked: “Please publish all correspondence between CCNI and
NIPSO, and CCNI to DFC between 1st January 2018 and the 13th July 2018.
This will be specifically, correspondence by the CCNI Chief Executive that
relates to a final report issued in July 2018. This is information that if
released would be in the public interest.”

 

Your request has been considered in accordance with the Freedom of
Information Act 2000 (FOIA).

 

The Commission understands that part of your request is asking for
correspondence from the Commission Chief Executive to DfC between 1st
January 2018 and the 13th July 2018 relating to a final report issued in
July 2018.

 

The Commission does not hold the requested information.

 

The Commission understands that a second part of your request is asking
for correspondence between the Commission Chief Executive and NIPSO
between 1st January 2018 and the 13th July 2018 relating to a final report
issued in July 2018.

 

In responding to this part of your request under the FOIA, the Commission
can neither confirm nor deny whether the requested information is
held. This is because the duty in section1(1)(a) to confirm or deny
whether we hold the information, does not apply by virtue of the exemption
offered by section 44(2).

 

Section (44)2) of the FOIA states that “the duty to confirm or deny does
not arise if the confirmation or denial that would have to be given to
comply with section 1(1)(a) would (apart from this Act) fall within any of
paragraphs (a) to (c) of subsection (1).”

 

This is an absolute exemption and no public interest test need be applied.

 

The decision to issue a neither confirm nor deny response to your request
should not be taken as conclusive evidence that the information requested
is or is not held. The focus of our considerations in this case are the
potential consequences of confirming or denying that a particular type of
information is held.

 

The decision to neither confirm nor deny is separate from a decision not
to disclose information and needs to be taken entirely on its own merits

 

If you are not satisfied with our decisions in relation to your
information request, you have the right to have this decision reviewed
internally. If you wish to have this decision reviewed in this instance
please contact:

 

The Communications Officer

Charity Commission for Northern Ireland

257 Lough Road

Lurgan

Co Armagh

BT66 6NQ

[1][email address]

Yours sincerely

The Charity Commission for Northern Ireland

257 Lough Road

Lurgan

BT66 6NQ            

[2]www.charitycommissionni.org.uk

[3]cid:image003.png@01CED002.FED5F5B0[4]cid:image002.png@01CED002.EE4D5300

The Commission has published new guidance, Serious incident reporting: a
guide for charity trustees, which is available to read or download from
[5]www.charitycommissionni.org.uk

 

This email is from the Charity Commission for Northern Ireland.  It
contains information which is confidential and which may be privileged or
subject to public disclosure under the Freedom of Information Act 2000.
Any views or opinions presented are solely those of the author and do not
necessarily reflect the views of the Charity Commission for Northern
Ireland. It is for the exclusive use of the intended recipient.

 

Any dissemination, distribution, copying or use of this communication or
any attachment to it without prior permission of the addressee is strictly
prohibited.  If you have received it in error please inform us by email,
phone or fax (The Charity Commission for Northern Ireland, 257 Lough
Road,, Lurgan, BT66 6NQ; telephone 028 3832 0220; fax 028 3834 5943;
textphone 028 3834 7639: email [6][CCNI request email]; web
[7]www.charitycommissionni.org.uk ) then delete it from your system

 

For information on how the Charity Commission for Northern Ireland
collects and uses your personal data, you can read our Privacy notice and
Retention schedule summary here:
[8]www.charitycommissionni.org.uk/about-us/privacy-notice-and-retention-schedule.

References

Visible links
1. mailto:[email address]
2. http://www.charitycommissionni.org.uk/
5. http://www.charitycommissionni.org.uk/
6. mailto:[CCNI request email]
7. http://www.charitycommissionni.org.uk/
8. http://www.charitycommissionni.org.uk/ab...

Dear Charity Commission Communications,

Thank you for your reply. I am content not to ask for an internal review as your answer seems to conclusively confirm that the information as requested exists.
In closing I would suggest that the exemption that you have applied is wrong in law as you appear to be focussing on a potential contempt with the release or confirmation or otherwise of the information. As no contempt is possible the exemption does not work in this instance. I appreciate that the statutory interpretation of other legislation may be confusing you, however as the information is so low grade it would not be a proportionate use of effort to attempt to recover.

Kind regards

Trevor McKee

ProbityaacNI