Publica Group - Freedom of Speech

The request was partially successful.

Julian Saunders

Dear Cotswold District Council,

I am a citizen journalist writing a blog about Sandwell Metropolitan Borough Council. Over the years the blog has written numerous pieces concerning Mr Jan Britton who was its Chief Executive but is now employed by Publica Group who have a business relationship with your Council.

Recently my Twitter account @SandwellSkidder was blocked by you. You have not communicated with me in any way as to the reason for this interference in my right to freedom of speech pursuant to Article 10 of the European Convention on Human Rights and/or at common law.

Please disclose pursuant to FOIA 2000:

1 All documentation of whatsoever nature relating to the decision to block the said Twitter account to specifically include any communication between officers of your Council, elected members of your Council and officers of Publica Group.

2 The grade of the person or persons within your Council who took the decision to block the account.

Yours faithfully,

Julian Saunders

Cotswold District Council

Given the national crisis caused by the coronavirus, the Government has
advised that local authorities can relax the 20 day deadline for
responding to Freedom of Information requests.  

 

As a Council, we will still endeavour to deal with requests within 20
working days, but given our own response to the coronavirus emergency we
may not be able to meet that timescale.  If this is the case, we will
notify the person who has submitted the request.

Julian Saunders

Dear Cotswold District Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Cotswold District Council's handling of my FOI request 'Publica Group - Freedom of Speech'.

This matter is very straightforward and long overdue.

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,

Julian Saunders

Cotswold District Council

Given the national crisis caused by the coronavirus, the Government has
advised that local authorities can relax the 20 day deadline for
responding to Freedom of Information requests.  

 

As a Council, we will still endeavour to deal with requests within 20
working days, but given our own response to the coronavirus emergency we
may not be able to meet that timescale.  If this is the case, we will
notify the person who has submitted the request.

Claire Hughes,

1 Attachment

Dear Mr Saunders

Further to your request for information please find attached the
information you requested.

You will note that some data has been redacted this is because this is
personal data and is therefore exempt from disclosure.

I hope that this now provides the information that you require.

Please accept this response as a response from Cotswold and Forest of Dean
District Councils.

Yours sincerely

Claire Hughes

Claire Hughes
Business Manager - Corporate Responsibility​

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Publica is a company wholly owned by Cotswold District Council, Forest of
Dean District Council, West Oxfordshire District Council and Cheltenham
Borough Council to deliver local services on their behalf.

The content of this email and any related emails do not constitute a
legally binding agreement and we do not accept service of court
proceedings or any other formal notices by email unless specifically
agreed by us in writing
Recipients should be aware that all e-mails and attachments sent and
received by Publica on behalf of West Oxfordshire, Cotswold and/or Forest
of Dean District Council may be accessible to others in the Council for
business or litigation purposes, and/or disclosed to a third party under
the Freedom of Information or Data Protection Legislation.

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Julian Saunders

Dear Claire Hughes,

Thank you for your recent response but it still does not clarify the issues.

It may be that I do not fully understand the set-up between the Council and Publica Group.

Obviously I am aware that Jan Britton is an employee of Publica Group. Of course, if that Group wish to block me on social media that is their prerogative but a Council is a democratic body.

Mr Britton ordered "Phil Martin" to block my account and that of a limited media company (which I control.) It appears that he is also an employee of Publica Group and not of your Council.

In the premises it appears that an external contractor has interfered with my human rights without any consideration of this serious step by the Council. Is that correct? Am I right in concluding that the Council has interfered with my legal rights without any consideration of the issue itself?

Has the Council considered the truth of Mr Britton's allegations?

The fact that I am not a resident in your Council area is irrelevant as there is no legal bar on my commenting on your Council's activities in any way.

I look forward to hearing from you.

Yours sincerely,

Julian Saunders

Claire Hughes,

I am out of the office until Monday 6 July.  If your query is urgent
please call 01594 812503  

Claire Hughes
Business Manager - Corporate Responsibility​

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Publica is a company wholly owned by Cotswold District Council, Forest of
Dean District Council, West Oxfordshire District Council and Cheltenham
Borough Council to deliver local services on their behalf.

The content of this email and any related emails do not constitute a
legally binding agreement and we do not accept service of court
proceedings or any other formal notices by email unless specifically
agreed by us in writing
Recipients should be aware that all e-mails and attachments sent and
received by Publica on behalf of West Oxfordshire, Cotswold and/or Forest
of Dean District Council may be accessible to others in the Council for
business or litigation purposes, and/or disclosed to a third party under
the Freedom of Information or Data Protection Legislation.

Claire Hughes,

Dear Mr Saunders

Thank you for your email.

Publica is a Teckal company which is owned jointly by Cotswold, Forest of
Dean and West Oxfordshire District Councils and Cheltenham Borough
Council. The Company provides staff and delivers services on behalf of the
Council.

In terms of your Freedom of Information request I am satisfied that we
have now provided you with the information that you have requested.  If
you wish to pursue a complaint regarding a breach of your human rights
this will need to be directed to our legal department.

For ease I will forward your email directly to them.

Regards

Claire

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Customer Feedback (CDC), Cotswold District Council

Dear Mr Saunders

 

Further to your email below dated the 2 July 2020 and Claire Hughes’
subsequent email to you dated 7 July 2020, this email is to confirm that
the issues you raise will be dealt with under the Council’s complaints
process.  A full response will be sent to you within 5 working days.  If
for any reason we can’t do this we’ll keep you updated to let you know
what’s happening.

If you would like further information regarding our complaints procedure
please take a look [1]here.

Customer Feedback Team

Corporate Support Services

 

 

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Customer Feedback (CDC), Cotswold District Council

Dear Mr Saunders

 

Your complaint has been assessed at Stage 1 of the Council’s complaints
procedure and it has been determined that a more detailed investigation is
required, your complaint has therefore been escalated to Stage 2.  We will
aim to issue a final response within 10 working days, and will keep you
updated if this will not be possible.

 

Yours sincerely

 

Customer Feedback Team

Corporate Support Services

 

 

From: Customer Feedback (CDC)
Sent: 07 July 2020 12:58
To: '[FOI #661722 email]'
Cc: Claire Hughes
Subject: Complaint00002 - COTSWOLD - CDC/FOIR/000541

 

Dear Mr Saunders

 

Further to your email below dated the 2 July 2020 and Claire Hughes’
subsequent email to you dated 7 July 2020, this email is to confirm that
the issues you raise will be dealt with under the Council’s complaints
process.  A full response will be sent to you within 5 working days.  If
for any reason we can’t do this we’ll keep you updated to let you know
what’s happening.

If you would like further information regarding our complaints procedure
please take a look [1]here.

Customer Feedback Team

Corporate Support Services

 

 

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Customer Feedback (CDC), Cotswold District Council

Dear Mr Saunders

 

We are writing in response to your complaint regarding a breach of your
Human Rights in respect of the Council blocking you from its social media
accounts.

 

In considering the Articles set out in the Human Rights Act 1998, the
Council is satisfied that it has not breached your human rights in
blocking your contact via social media. As a member of the public you are
still able to contact the Council via other means, and it is clear that
you are aware of these methods as you have submitted an Freedom of
Information request and a complaint, both of which have been responded
to.  It cannot therefore be argued that the Council has interfered with
your right to freedom of expression.  Furthermore, you can still express
your views via your own social media.

 

In light of the above your complaint is not upheld.

 

If you remain dissatisfied with our conclusions it is open to you to refer
the matter to the Local Government Ombudsman (LGO) [1]Local Government
Ombudsman.

 

Yours sincerely

 

Customer Feedback Team

Corporate Responsibility

 

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Julian Saunders

Dear Customer Feedback (CDC),

You appear to have missed the point here. Whilst Cotswold DC may be a shareholder in Publica it appears to have allowed that independent legally entity the power to make decisions with regard to an individual's Article 10 rights. Are you prepared to admit this? If so, what is the legal power permitting you to do this?

Yours sincerely,

Julian Saunders

customer.feedback@cotswold.gov.uk, Cotswold District Council

Thank you for contacting Cotswold District Council, this email confirms that your feedback has been received. If your feedback is regarding a complaint we will give you a full response within 5 working days. If for any reason we can’t do this we’ll keep you updated to let you know what’s happening.

If you would like further information regarding our complaints procedure please take a look https://www.cotswold.gov.uk/about-the-co....

Customer Feedback (CDC), Cotswold District Council

Dear Mr Saunders

 

Thank you for your email below dated the 17 July 2020 regarding your
complaint.

 

Our email to you of the 16 July 2020 has made the Council’s position clear
and we have nothing further to add.  As stated, if you are dissatisfied
with our conclusions it is open to you to refer the matter to the Local
Government Ombudsman (LGO) [1]Local Government Ombudsman.

 

Yours sincerely

 

 

Customer Feedback Team

Corporate Responsibility

 

 

 

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