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Rich Mix applications

Abdul Hai made this Freedom of Information request to Arts Council England

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Dear Arts Council England,

Can you publish all applications for funding made by Rich Mix in Tower Hamlets in the last 10 years?

Yours faithfully,

Abdul Hai

FOI, Arts Council England

Dear Abdul,

 

Thank you for your request for information from Arts Council England,
which has been passed to us by our Enquiries team.

 

I can confirm that this request will be considered in line with our
obligations under the Freedom of Information Act 2000. This means that we
will respond to your request in full as soon as possible and, at the
latest, within 20 working days (not including UK Public Holidays) after we
received your email.

 

Our response is therefore due on or prior to Thursday 6^th September 2018
due to the Summer Bank Holiday on 27^th August.

 

If you would like to know more about how we will deal with your request
for information, you can find information on our website
[1]http://www.artscouncil.org.uk/who-we-are...

 

Alternatively for a more comprehensive look at information rights
legislation, please visit the Information Commissioner’s website
[2]http://www.ico.gov.uk

 

If you have any further queries in the meantime please do not hesitate to
contact me.

 

Kind regards,

 

Paul Holmes

Assistant, Information

Arts Council England

 

0161 934 4474

 

[3]web | [4]twitter | [5]facebook | [6]instagram | [7]linkedin

 

I think [8]#culturematters – do you?

 

 

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Abdul Hai left an annotation ()

This article makes no mention of Arts Council. https://aninvestigation.wordpress.com/20...

FOI, Arts Council England

Dear Abdul,

 

Thank you for your request for information from the Arts Council.

 

As previously mentioned, I can confirm that this request was considered in
line with our obligations under the Freedom of Information Act 2000.
Please do let me know if you have any access requirements for the response
below.

 

Your request

 

Can you publish all applications for funding made by Rich Mix in Tower
Hamlets in the last 10 years?

 

Our Response

 

We have processed all successful applications submitted by Rich Mix within
the last ten years currently held, and can now provide copies of these in
line with our obligations under the Freedom of Information Act.

 

Due to the size of the requested files, we have not attached them to this
email directly. Instead, they are downloadable from the following
Microsoft Office web-link for the next 30 calendar days:

 

[1]Click HERE to download the files requested.

 

Alternatively, use the full length link below:

[2]https://artscouncilengland-my.sharepoint...

 

This link will expire on Wednesday 26^th September 2018. Please ensure you
have downloaded the files by this date. If you require further access
after this point, we will be able to provide it upon request.

 

Withheld information

 

You will notice that some information has been withheld from the
documentation. I have explained below why this is the case under our
obligations in respect to the Freedom of Information Act.

 

Section 40(2) – personal data

 

Section 40(2) provides an exemption from the disclosure obligation where
that information is 1) personal data and 2) where releasing the
information would contravene the Data Protection Act 1998.

 

The Arts Council has a responsibility to hold the personal data of other
individuals securely and in line with the principles of the Data
Protection Act. Releasing this information would contravene the first
principle of fair and lawful processing.

 

Applications no longer held

 

Due to our retention policy, we no longer hold copies of some applications
within the specified ten year time frame. We do still hold a minimal
record of these applications, and I can confirm that the following awards
were provided to Rich Mix within the last ten years, but application forms
are no longer held.

 

Managed Funds Project
Free Theatre Initiative
£10,000.00 – Award closed 4^th March 2009

Managed Funds Project
Learning Revolution Festival Activity, October 2009 Rich Mix
£9,975.00 – Award closed 17^th November 2009

 

Any further applications

 

The wording of your request indicates that you wish to see all
applications for funding made by Rich Mix.  Arts Council England release
information on successful applications only. Though we may hold
information on unsuccessful applicants, or those pending decisions, we
consider the release of such as a breach of confidence and potentially may
prejudice the commercial interests of an applicant.

 

Though we do not confirm Rich Mix has made any further applications beyond
those that we have provided in response to this request, any such
applications would be withheld under the following sections of the Freedom
of Information Act 2000

 

Section 41 – Information provided in confidence

 

The exemption at section 41(1) provides that information is exempt
information if (a) it was obtained by the public authority from a third
party and (b) the disclosure of the information to the public by the
public authority holding it would constitute an actionable breach of
confidence.

 

We consider this to be the case for the following reasons:

 

1)      This information was received and/or was based on information
received from a third party.

 

2)     We indicated in our application process that any information
provided to us by unsuccessful applicants would be held in confidence, and
this included the fact that an application was made and any commentary in
relation to that application.

 

3)     Ideas provided to us within artistic proposals belong to the
artists involved, they hold the copyright in that information and it is
provided to us in confidence. Disclosure of this information would entitle
applicants to take legal action against the Arts Council.

 

4)     The fact that an organisation has applied to us for funding and has
been unsuccessful is commercially sensitive information. We consider that
where organisations provide commercially sensitive information to us for
the purposes of applications, this is done with the reasonable expectation
that these details will be held in confidence.

 

Section 43(2) – Prejudicial to commercial interests

 

A public authority is entitled to withhold information under this
provision where disclosure of that information would be likely to
prejudice the commercial interests of any persons (including the authority
holding the information).

 

The Arts Council considers that disclosing the names of unsuccessful
applicants, and/or any information related to those applicants, would be
likely to prejudice the commercial interests of the applicants in
question. Our funding programmes are extremely competitive and we were
unable to fund every application. This was not always reflective of the
merits of the application, but a negative inference could be drawn about
unsuccessful organisations, resulting in reputational and commercial
damage.

 

In addition public knowledge of this decision could adversely affect
applications made to other funding bodies or private funding sources.

 

Under Section 43(2) we are also required to carry out a public interest
test to determine whether the public interest in disclosing commercially
prejudicial information is outweighed by the public interest in
withholding the information.

 

PUBLIC INTEREST TEST

 

Factors in favour of disclosure

·         It is acknowledged that disclosing the information requested
would enhance transparency and accountability.

·         As a publicly funded organisation, the public has a legitimate
interest in the Arts Council’s activities.

·         Disclosure would increase public awareness, thus enabling a
public debate about decisions made by Arts Council England in relation to
this programme.

 

Factors against disclosure

·         Disclosure of the information requested would be likely to
disproportionately prejudice the commercial interests of the organisations
in question, as well as the Arts Council’s own commercial interests.

·         It is not in the public interest for the commercial viability of
applicants to be jeopardised unnecessarily.

·         It is not in the public interest for applicants to be deterred
from applying for funding, or engaging with us, because they have concerns
relating to the protection of their confidential and commercially
sensitive information.

 

On balance the Arts Council is of the view that the public interest in
withholding information relating to unsuccessful applicants outweighs the
public interest in disclosure.

 

Copyright notice

 

Please note that copyright in the information you have been given belongs
to Arts Council England or to another party. Copyright material must not
be copied, distributed, modified, reproduced, transmitted, published
(including published on the Internet or an intranet), or otherwise made
available in whole or in part without the prior written consent of the
copyright holder.

 

We hope you are satisfied with the way in which we have dealt with your
request for information under the Freedom of Information Act, however, if
you are not satisfied that this is the case then you are entitled to an
internal review. If you do wish for an internal review of the manner in
which we have applied the Freedom of Information Act in this case, please
contact me at the address above, within two months of the date of this
correspondence, explaining what specifically you would like us to review
under the Act. Alternatively you can detail your specific concerns in
writing and send them to the Chief Executive, Arts Council England, 21
Bloomsbury Street, London, WC1B 3HF or email to
[3][email address]

 

Subsequently, if you are not content with the outcome of the internal
review, you have the right to apply directly 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

 

Paul Holmes

Assistant, Information

Arts Council England

 

0161 934 4474

 

[4]web | [5]twitter | [6]facebook | [7]instagram | [8]linkedin

 

I think [9]#culturematters – do you?

 

 

 

From: FOI
Sent: 09 August 2018 17:16
To: Abdul Hai <[FOI #508769 email]>
Subject: RE: Freedom of Information request - Rich Mix applications

 

Dear Abdul,

 

Thank you for your request for information from Arts Council England,
which has been passed to us by our Enquiries team.

 

I can confirm that this request will be considered in line with our
obligations under the Freedom of Information Act 2000. This means that we
will respond to your request in full as soon as possible and, at the
latest, within 20 working days (not including UK Public Holidays) after we
received your email.

 

Our response is therefore due on or prior to Thursday 6^th September 2018
due to the Summer Bank Holiday on 27^th August.

 

If you would like to know more about how we will deal with your request
for information, you can find information on our website
[10]http://www.artscouncil.org.uk/who-we-are...

 

Alternatively for a more comprehensive look at information rights
legislation, please visit the Information Commissioner’s website
[11]http://www.ico.gov.uk

 

If you have any further queries in the meantime please do not hesitate to
contact me.

 

Kind regards,

 

Paul Holmes

Assistant, Information

Arts Council England

 

0161 934 4474

 

[12]web | [13]twitter | [14]facebook | [15]instagram | [16]linkedin

 

I think [17]#culturematters – do you?

 

 

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Abdul Hai left an annotation ()

I will copy and paste all the files here.

Dear FOI,

Can you tell me after September 26th will the information be on the Arts Council FOI disclosure log?

Yours sincerely,

Abdul Hai

Abdul Hai left an annotation ()

I was not able to copy and past the information.

I would be grateful if anyone else could copy and paste the documents as annotation here before the link expries.

Abdul Hai left an annotation ()

I am using Google Drive. I will have to do one by one.

1. https://drive.google.com/file/d/1POa8l6v...

Abdul Hai left an annotation ()

5. https://drive.google.com/file/d/1Ne9SzsC...

I have now uploaded all 5 documents.

If there is any problem can get in contact with me.

FOI, Arts Council England

Dear Abdul,

 

Our Freedom of Information disclosure log is updated monthly, usually on
the last day of the month. It is available to review here:
[1]https://www.artscouncil.org.uk/freedom-i...

 

We publish a summary of all Freedom of Information requests two calendar
months after the requests are made. Therefore, later this week we will
publish a summary of all requests submitted in June 2018, and at the end
of September (approximately on or around 30^th September), we will publish
a summary of all requests submitted in July 2018.

As your request was submitted on 8^th August 2018, we will include it in a
summary of all requests submitted in August 2018, which will be published
on or around 31^st October 2018.

 

Please note, our disclosure log does not provide great detail about any
particular request, and in some instances the sensitive nature of requests
can lead to minimal data being shared on the log. However, all materials
released under Freedom of Information can be requested at any time, so the
information we have provided to you concerning Rich Mix will be available
upon request.

 

You can find our Disclosure Log at the following address:
[2]https://www.artscouncil.org.uk/freedom-i...

 

I hope that this answers your question satisfactorily. Please do let me
know if you require any further information.

 

Kind regards,

 

Paul Holmes

Assistant, Information

Arts Council England

 

0161 934 4474

 

[3]web | [4]twitter | [5]facebook | [6]instagram | [7]linkedin

 

I think [8]#culturematters – do you?

 

 

 

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Abdul Hai please sign in and let everyone know.