Thank you for your email. We will endeavour to respond as quickly as
possible.
Important information regarding COVID-19 and Freedom of Information
requests.
If you are contacting us in relation to a new or existing Freedom of
Information (Scotland) Act 2002 (FOISA) request, please note that whilst
we will make every effort to process your request within the statutory
timescales, there may be occasions when this is not possible due to the
constraints of working within the restrictions of the COVID-19 pandemic.
Where this is the case, we will let you know as soon as we become aware
that there may be a delay in responding to your request for information.
The Scottish Information Commissioner (SIC) has provided a statement in
relation to the processing of requests and the time it may take public
authorities to complete them during these exceptional and challenging
times. You can view the Commissioner's statement on the OSIC website here.
[1]https://www.itspublicknowledge.info/Law/...
 

This email and any attachments are intended solely for the individual or
organisation to which they are addressed and may be confidential and/or
legally privileged. If you have received this email in error please let us
know at [email address] and then delete it. Please check this email
and any attachments for the presence of viruses as Stirling Council
accepts no liability for any harm caused to the addressees' systems or
data. Stirling Council may monitor its email system. Stirling Council
accepts no liability for personal emails.

[2]Stirling Council.

[3]Living Wage Employer

References

Visible links
1. https://www.itspublicknowledge.info/Law/...
2. http://www.stirling.gov.uk/

Dear David Fisher,

Your request for information has been logged and allocated reference FOI/14962.

Your request will be dealt with under the Freedom of Information (Scotland) Act 2002 (FOISA), and if determined appropriate to do so during the course of your request, also the Environmental Information (Scotland) Regulations, 2004 (EIRs).

Your request will be forwarded to the service area(s) holding the information. Please note, the service area(s) holding the information may need further information from you to locate the information sought once they have received the request, and you will be contacted again should this be necessary.

Unless clarification is required your request will be answered promptly, and within twenty working days of the date your request was received – in this case no later than 8th April 2021.

Due to the restrictions relating to the ongoing COVID-19 pandemic, in line with Government guidelines, non-essential frontline staff are required to work remotely which has significantly impacted upon our ability to respond as swiftly to requests as we would have otherwise done in all of our cases. We are working extremely hard to ensure that requests are processed and responded to as quickly as possible within the constraints of working remotely

Yours sincerely,

Records & Information Governance Team

Communities & Performance | Stirling Council | Old Viewforth | Stirling FK8 2ET
T: 01786 233988 | E: [email address] | W: stirling.gov.uk

show quoted sections

Dear David Fisher,

I refer to your request for information, logged by us as FOI/14962 and can
provide the following information in response to your request.

1.  Your policy dealing with the circumstances in which a concern about a
councillor’s conduct will be referred to an external law firm instead of
the Commissioner, including the factors you consider in such cases;

2. Your reasons in this particular case for the decision to instruct an
external law firm to investigate the case instead of the Commissioner.

There is no such policy. For clarification the matter was not referred to
an external law firm instead of the Ethical Standards Commissioner. The
matter was referred to an external law firm to carry out an independent
investigation.  Therefore we do not hold any of the information you
request.

Section 17(1) - information not held of the Freedom of Information
(Scotland) Act 2002 requires the Council to notify you if it does not hold
the information you requested. Therefore, this is a formal notice under
section 17(1) of FOISA that the Council does not hold a policy in relation
to the circumstances you have requested above.

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review of the actions
and decisions made by the Council in relation to your request.  Your
request for review must be in writing or some other permanent form stating
your name and address for correspondence, and specifying the request for
information to which your request for review relates and why you are
dissatisfied with the response.

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period of response to your initial
request by the Council or not later than 40 working days after the receipt
by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

Your request for review should be addressed in the first instance to:

Records & Information Compliance Manager, Stirling Council, Viewforth,
STIRLING FK8 2ET email [1][Stirling Council request email]

The Records & Information Compliance Manager will then arrange for an
appropriate officer to undertake a review.

Please note that in any email you must state your name.

If you are dissatisfied with how your request for a review has been dealt
with, then you are entitled to ask the Scottish Information Commissioner
to investigate your case. You must ask the Scottish Information
Commissioner no later than 6 months after the date of receipt by you of
the notice or decision you are dissatisfied with or within 6 months of the
expiry of the period of 20 working days from receipt by the Council of
your request for review. 

The Scottish Information Commissioner recommends that you appeal online.
The online appeal service is available here:
[2]www.itspublicknowledge.info/Appeal

You do not need to submit an appeal online, but if you do it will ensure
the Commissioner is provided with all the information required to
investigate your case quickly.

For further information about making an appeal to the Scottish Information
Commissioner, including how to submit an appeal by email or post, see:

[3]http://www.itspublicknowledge.info/YourR...

If you do not have access to the internet, you can contact the Scottish
Information Commissioner at Kinburn Castle, Doubledykes Road, St Andrews,
Fife KY16 9DS,   Tel: 01334 464610  Email:
[4][email address]

You may also appeal against a decision of the Scottish Information
Commissioner but on a point of law only.  Any such appeal must be made
within 42 days of the date of intimation of the Commissioner's decision
notice.

Yours sincerely,

Records & Information Governance Team

Communities & Performance | Stirling Council | Old Viewforth |
Stirling FK8 2ET  

T: 01786 233988 | E: [email address] | W: stirling.gov.uk 

This email and any attachments are intended solely for the individual or
organisation to which they are addressed and may be confidential and/or
legally privileged. If you have received this email in error please let us
know at [email address] and then delete it. Please check this email
and any attachments for the presence of viruses as Stirling Council
accepts no liability for any harm caused to the addressees' systems or
data. Stirling Council may monitor its email system. Stirling Council
accepts no liability for personal emails.

[5]Stirling Council.

[6]Living Wage Employer

References

Visible links
1. mailto:[Stirling Council request email]
2. http://www.itspublicknowledge.info/Appeal
3. http://www.itspublicknowledge.info/YourR...
4. mailto:[email address]
5. http://www.stirling.gov.uk/

Dear David Fisher,

We have received your request for review relating to your recent request
for information, logged by us as FOI/14962.

The review must be completed within 20 working days, in this case no later
than 10^th May 2021.

The Review Officer undertaking the review will be in touch in due course.

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review of the actions
and decisions made by the Council in relation to your request.  Your
request for review must be in writing or some other permanent form stating
your name and address for correspondence, and specifying the request for
information to which your request for review relates and why you are
dissatisfied with the response.

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period of response to your initial
request by the Council or not later than 40 working days after the receipt
by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

Your request for review should be addressed in the first instance to:

Records & Information Compliance Manager, Stirling Council, Viewforth,
STIRLING FK8 2ET email [1][Stirling Council request email]

The Records & Information Compliance Manager will then arrange for an
appropriate officer to undertake a review.

Please note that in any email you must state your name.

If you are dissatisfied with how your request for a review has been dealt
with, then you are entitled to ask the Scottish Information Commissioner
to investigate your case. You must ask the Scottish Information
Commissioner no later than 6 months after the date of receipt by you of
the notice or decision you are dissatisfied with or within 6 months of the
expiry of the period of 20 working days from receipt by the Council of
your request for review. 

The Scottish Information Commissioner recommends that you appeal online.
The online appeal service is available here:
[2]www.itspublicknowledge.info/Appeal

You do not need to submit an appeal online, but if you do it will ensure
the Commissioner is provided with all the information required to
investigate your case quickly.

For further information about making an appeal to the Scottish Information
Commissioner, including how to submit an appeal by email or post, see:

[3]http://www.itspublicknowledge.info/YourR...

If you do not have access to the internet, you can contact the Scottish
Information Commissioner at Kinburn Castle, Doubledykes Road, St Andrews,
Fife KY16 9DS,   Tel: 01334 464610  Email:
[4][email address]

You may also appeal against a decision of the Scottish Information
Commissioner but on a point of law only.  Any such appeal must be made
within 42 days of the date of intimation of the Commissioner's decision
notice.

Yours sincerely,

Records & Information Governance Team

Communities & Performance | Stirling Council | Old Viewforth |
Stirling FK8 2ET  

E: [email address] | W: stirling.gov.uk 

This email and any attachments are intended solely for the individual or
organisation to which they are addressed and may be confidential and/or
legally privileged. If you have received this email in error please let us
know at [email address] and then delete it. Please check this email
and any attachments for the presence of viruses as Stirling Council
accepts no liability for any harm caused to the addressees' systems or
data. Stirling Council may monitor its email system. Stirling Council
accepts no liability for personal emails.

[5]Stirling Council.

[6]Living Wage Employer

References

Visible links
1. mailto:[Stirling Council request email]
2. http://www.itspublicknowledge.info/Appeal
3. http://www.itspublicknowledge.info/YourR...
4. mailto:[email address]
5. http://www.stirling.gov.uk/

Dear David Fisher,

We have recorded part of your request for review as a new request for
information. Your request for information has been logged and allocated
reference FOI/15067.

Please note your request for review for your original response FOI/14962
will also be carried out and responded to by 10th May 2021.

It has been determined that your request is as follows:

It is my understanding that the Commissioner has a statutory independence.
I do not yet understand your reasons for instructing a law firm to conduct
an investigation, at cost, when there is already a statutory mechanism
funded from central taxation. I would like to be provided your reasons for
this decision.

Your request will be dealt with under the Freedom of Information
(Scotland) Act 2002 (FOISA), and if determined appropriate to do so during
the course of your request, also the Environmental Information (Scotland)
Regulations, 2004 (EIRs).

Your request will be forwarded to the service area(s) holding the
information. Please note, the service area(s) holding the information may
need further information from you to locate the information sought once
they have received the request, and you will be contacted again should
this be necessary.

Unless clarification is required your request will be answered promptly,
and within twenty working days of the date your request was received – in
this case no later than 10^th May 2021

Due to the restrictions relating to the ongoing COVID-19 pandemic, in line
with Government guidelines, non-essential frontline staff are required to
work remotely which has significantly impacted upon our ability to respond
as swiftly to requests as we would have otherwise done in all of our
cases. We are working extremely hard to ensure that requests are processed
and responded to as quickly as possible within the constraints of working
remotely

Yours sincerely,

Records & Information Governance Team

Communities & Performance | Stirling Council | Old Viewforth | Stirling
FK8 2ET 

T: 01786 233988 | E: [email address] | W: stirling.gov.uk

show quoted sections

Dear David Fisher

Regarding your request for a review of the Council’s response to your
Freedom of Information (Scotland) Act 2002 request for information, please
find attached our response.

Yours sincerely

Records & Information Governance Team 

Records & Information Governance | Stirling Council | Old Viewforth |
Stirling FK8 2ET  

E: [1][Stirling Council request email] | W: stirling.gov.uk

This email and any attachments are intended solely for the individual or
organisation to which they are addressed and may be confidential and/or
legally privileged. If you have received this email in error please let us
know at [email address] and then delete it. Please check this email
and any attachments for the presence of viruses as Stirling Council
accepts no liability for any harm caused to the addressees' systems or
data. Stirling Council may monitor its email system. Stirling Council
accepts no liability for personal emails.

[2]Stirling Council.

[3]Living Wage Employer

References

Visible links
1. mailto:[Stirling Council request email]
2. http://www.stirling.gov.uk/

Dear David Fisher,

I refer to your request for information, logged by us as FOI/15067 and can
provide the following information in response to your request.

I do not yet understand your reasons for instructing a law firm to conduct
an investigation, at cost, when there is already a statutory mechanism
funded from central taxation. I would like to be provided your reasons for
this decision.

We confirm that we do hold information relating to your request.  We are
withholding the information and in doing so, we are relying upon the
following exemptions made available under the Freedom of Information
(Scotland) Act 2002.

Section 36(1) Confidentiality (legal advice privilege)

Some of the information we hold is information in respect of which a claim
to confidentiality of communications could be maintained in legal
proceedings (for example, legal advice which is subject to legal
professional privilege) and we are refusing access to this information
under Section 36(1) of the Freedom of Information (Scotland) Act 2002. 
The exemption in section 36(1) is a qualified exemption, which means that
its application is subject to the public interest test.  While we
acknowledge that there may be a public interest in disclosing this
information in terms of openness and transparency, we consider that any
public interest in disclosure is outweighed by the Council's need to be
able to seek and obtain legal advice without it subsequently being
released into the public domain, potentially prejudicing the Council's
position in legal matters.

Section 36(2) – Confidentiality (actionable breach of confidence)

Other information held by the Council is being withheld from disclosure
and in doing so, we are relying upon the exemption made available in
Section 36(2) of the Freedom of Information (Scotland) Act 2002, which
relates to confidentiality, on the grounds that it was obtained from
another person and on the basis that disclosure into the public domain
would constitute an actionable breach of confidence. The exemption in
section 36(2) is an absolute exemption and so we are not required to
consider the public interest test.

Section 38 - Personal Information

We are also withholding some of the information because we consider it to
be personal data and as such would be exempt from disclosure under Section
38(1)(b) of FOISA. This section, (read with 38(1)(2A)) of FOISA exempts
from disclosure information which constitutes personal data if in addition
the disclosure would contravene any of the data protection principles in
the General Data Protection Regulations (GDPR). In this case, the
exemption contained in section 38(1)(b) is absolute, therefore there is no
need to consider where the balance of the public interest lies in relation
to the disclosure of this information.

Sections 30(b) and (c) Prejudice to effective conduct of public affairs

We are also withholding some of the information by relying upon the
exemptions available in Sections 30(b) and (c) of the Freedom of
Information (Scotland) Act 2002 because we consider that disclosure would
prejudice substantially the effective conduct of public affairs.
Disclosure of the information is likely to prejudice substantially the
Council’s position, and inhibit the free and frank provision of advice. 
The exemption in Sections 30(b) and (c) are not absolute, and requires us
to also consider where the public interest lies.  In this case, we
consider that any public interest in disclosure of information is
outweighed by the public interest in ensuring that the Council can receive
free and frank discussions, and receive advice without advisors being
inhibited by potential disclosure of that advice.

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review of the actions
and decisions made by the Council in relation to your request.  Your
request for review must be in writing or some other permanent form stating
your name and address for correspondence, and specifying the request for
information to which your request for review relates and why you are
dissatisfied with the response.

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period of response to your initial
request by the Council or not later than 40 working days after the receipt
by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

Your request for review should be addressed in the first instance to:

Records & Information Governance Manager, Stirling Council, Viewforth,
STIRLING FK8 2ET email [1][Stirling Council request email]

The Records & Information Governance Manager will then arrange for an
appropriate officer to undertake a review.

Please note that in any email you must state your name.

If you are dissatisfied with how your request for a review has been dealt
with, then you are entitled to ask the Scottish Information Commissioner
to investigate your case. You must ask the Scottish Information
Commissioner no later than 6 months after the date of receipt by you of
the notice or decision you are dissatisfied with or within 6 months of the
expiry of the period of 20 working days from receipt by the Council of
your request for review. 

The Scottish Information Commissioner recommends that you appeal online.
The online appeal service is available here:
[2]www.itspublicknowledge.info/Appeal

You do not need to submit an appeal online, but if you do it will ensure
the Commissioner is provided with all the information required to
investigate your case quickly.

For further information about making an appeal to the Scottish Information
Commissioner, including how to submit an appeal by email or post, see:

[3]http://www.itspublicknowledge.info/YourR...

If you do not have access to the internet, you can contact the Scottish
Information Commissioner at Kinburn Castle, Doubledykes Road, St Andrews,
Fife KY16 9DS,   Tel: 01334 464610  Email:
[4][email address]

You may also appeal against a decision of the Scottish Information
Commissioner but on a point of law only.  Any such appeal must be made
within 42 days of the date of intimation of the Commissioner's decision
notice.

Yours sincerely,

Records & Information Governance Team

Communities & Performance | Stirling Council | Old Viewforth |
Stirling FK8 2ET  

E: [5][email address] | W: stirling.gov.uk 

This email and any attachments are intended solely for the individual or
organisation to which they are addressed and may be confidential and/or
legally privileged. If you have received this email in error please let us
know at [email address] and then delete it. Please check this email
and any attachments for the presence of viruses as Stirling Council
accepts no liability for any harm caused to the addressees' systems or
data. Stirling Council may monitor its email system. Stirling Council
accepts no liability for personal emails.

[6]Stirling Council.

[7]Living Wage Employer

References

Visible links
1. mailto:[Stirling Council request email]
2. http://www.itspublicknowledge.info/Appeal
3. http://www.itspublicknowledge.info/YourR...
4. mailto:[email address]
5. mailto:[email address]
6. http://www.stirling.gov.uk/