Ruislip Lido Environmental Report

Peter Silverman made this Freedom of Information request to Hillingdon Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Hillingdon Borough Council.

Peter Silverman

Dear Hillingdon Borough Council,

Ruislip Lido Environmental Report

I understand from the Friends Of Ruislip Lido that a report was recently prepared for the Council by independent engineers covering such matters as water quality and flood risk at the Lido. Ms Summers LBH Project, Events and Improvement Officer Planning and Community Services
who holds the document has described it as a scoping report.

Could you please let me have a copy of this report. If it is available electronically please send it to me as an e-mail attachment. If not, please post it by first class mail to the address below

Please note:

The report constitutes environmental information under the Environmental Information Regulations 2004 (EIR)

The EIR requires such requests to dealt with “as soon as possible and no later than 20 working days after the date of receipt of the request”.

As the information requested is in the form of an existing document (i.e. is readily available), and as none of the exemptions specified by the EIR apply, "as soon as possible" should in this case I feel be no more than 5 working days.

I look forward to hearing from you.

Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770

foi, Hillingdon Borough Council

Dear Mr Silverman

I am writing in response to your Environmental Information Request
below.

As I understand it you are requesting:

I understand from the Friends Of Ruislip Lido that a report was
recently prepared for the Council by independent engineers covering such
matters as water quality and flood risk at the Lido. Ms Summers LBH
Project, Events and Improvement Officer Community Services who holds the
document has described it as a scoping report.

Could you please let me have a copy of this report? If it is available
electronically please send it to me as an e-mail attachment. If not,
please post it by first class mail to the address below

The report, which is termed a ‘scoping note’ was commissioned by
the Council to identify works required in respect of Flood Risk
Assessment (FRA) and Environmental Impact Assessment (EIA) it does not
include any FRA and EIA assessment and this continues to be work in
progress and does not identify the feasibility of proposed developments
at this stage.

Regulation 12(4) (d) of the Environmental Information Regulations
states that information is exempt where it relates to material which is
still in the course of completion, to unfinished documents or to
incomplete data

In this instance we are of the view that as the FRA and EIA are ongoing
pieces of work that have yet to be completed and as this scoping note
relates to these ongoing and incomplete works, as such we are of the
view that it is currently exempt from disclosure pursuant to R12 (4) (d)
of the Environmental Information Regulations 2004.

The London Borough of Hillingdon has considered the public interest in
regards to this matter and we are of the opinion that, on balance, the
public interest in maintaining the exception outweighs the public
interest in disclosing the information.

Although we recognise that there is a public interest in ensuring the
transparency of decision making, we are of the opinion that this is
outweighed by fact that once the FRA and EIAs have been completed the
information will be made available from our Website. We provisionally
assess this to be mid to late September 2010.

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

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

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

If you wish to discuss this matter please do not hesitate to contact us
on the details below.

Richard Ingle
Data Protection &
Freedom of Information Office

Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

Please note, all material provided by the London Borough of Hillingdon
in response to your request for information is for your personal,
non-commercial use. The London Borough of Hillingdon reserves all
rights in the copyright of the information provided. Any unauthorised
copying or adaptation of the information without express written
confirmation from The London Borough of Hillingdon will constitute an
infringement of copyright. Any intention to re-use this information
commercially will require consent. Please forward any requests for
re-use of information to the Freedom of Information officer.

show quoted sections

13/05/10 12:42 >>>
Dear Hillingdon Borough Council,

Ruislip Lido Environmental Report

I understand from the Friends Of Ruislip Lido that a report was
recently prepared for the Council by independent engineers
covering
such matters as water quality and flood risk at the Lido. Ms
Summers LBH Project, Events and Improvement Officer Planning and
Community Services
who holds the document has described it as a scoping report.

Could you please let me have a copy of this report. If it is
available electronically please send it to me as an e-mail
attachment. If not, please post it by first class mail to the
address below

Please note:

The report constitutes environmental information under the
Environmental Information Regulations 2004 (EIR)

The EIR requires such requests to dealt with “as soon as
possible
and no later than 20 working days after the date of receipt of
the
request”.

As the information requested is in the form of an existing
document
(i.e. is readily available), and as none of the exemptions
specified by the EIR apply, "as soon as possible" should in this
case I feel be no more than 5 working days.

I look forward to hearing from you.

Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770

show quoted sections

Peter Silverman

Dear Hillingdon Borough Council,

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

I am writing to request an internal review of Hillingdon Borough Council's handling of my EIR request 'Ruislip Lido Environmental Report'.

The relevant section of the EIR reads as follows

12. — (1) Subject to paragraphs (2), (3) and (9), a public authority may refuse to disclose environmental information requested if—

(d)the request relates to material which is still in the course of completion, to unfinished documents or to incomplete data; or

I accept that the report in question is an intermediary report outlining what further work is required and is not the final word on the issues covered. In other words it is a stage in the development of an action plan for the Lido - a process which is not complete

However, the report itself is clearly "material" that has been completed. It is therefore not unfinished and, as such cannot be construed as incomplete data.

Please there review your decision and let me have a copy asap.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ru...

Yours faithfully,

Peter Silverman

Peter Silverman

Dear Hillingdon Borough Council,

In support of my argument stated in my request for a review I would draw your attention to the following two decision by the Information Commissioner:

1.
Case Ref: FER0069925
Date: 02/03/2006
Public Authority: Plymouth City Council

Summary: The complainant requested access to the Stage 2 Safety Audit Report for a pedestrian crossing scheme, and the Council withheld the report citing regulation 12(4)(d) of the Environment Information Regulations (material still in the course of completion) because it was only one in a series of three reports prepared during the implementation of the crossing scheme. It also argued that premature release of the report was against the public interest because it could compromise public safety...

However, the Commissioner decided that, as the report related to a distinct stage in the implementation of the crossing scheme and was a separate document, 12(4)(d) was not engaged.

http://www.ico.gov.uk/upload/documents/d...

2.
Case ref: FS50163282
Environmental Information Regulations 2004
Decision Notice
Date: 29 March 2010
Public Authority: Queen’s University Belfast (QUB)

QUB stated that the information requested (the raw tree ring data held electronically) is currently being used in ongoing research which would result in future publications. Furthermore the data is used to update and develop new tree ring chronologies, the results of which are ultimately published via the internet on the ITRDB. QUB stated that it was planning to make the requested information available via the internet in a ‘meaningful, controlled scientific and managed way’ within the next 12 months, thus mitigating the risks of misinterpretation.

However, the Commissioner considers that the exception at regulation 12(4)(d) can not be applied in this way. QUB has advised that the raw data was collected over a period of 40 years, and is now being used for research. This does not suggest to the Commissioner that the data is unfinished or incomplete, rather that, whilst the research utilising this data is ongoing ie the analysis of the data, the data itself has already been collected and is therefore not unfinished or incomplete.

http://www.ico.gov.uk/upload/documents/d...

In both cases the Commissioner found in effect that S12 4 (d) was not applicable when the data/document was a distinct stage in the implementation of an ongoing process and was a separate completed document.

I hope this is of help

Yours faithfully,

Peter Silverman

foi, Hillingdon Borough Council

1 Attachment

Dear Mr Silverman,

Please find attached letter in response to your recent request.

Regards

Glen Egan
Office Managing Partner

Freedom of Information Team
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

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.

Peter Silverman

Dear foi,

Does your communication of 30th June constitute a response to my request for an internal review made on 8th June ?

Yours sincerely,

Peter Silverman

Peter Silverman

Dear Hillingdon Borough Council,

Having re -read you communication of 30th June I now realise that it is a response to my request for an internal review.

I will now take the matter up with the Information Commissioner

Yours faithfully,

Peter Silverman

Peter Silverman left an annotation ()

Copy of My Complaint to Information Commissioner

From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 08 July 2010 18:29
To: FOI-Enquiries@ico.gsi.gov.uk
Subject: Complaint Against LB Hillingdon - My ref 11 - Ruislip Lido Environmenatl Report

Who am I complaining about

London Borough Of Hillingdon (LBH)
Contact:
Mr R Ingles Freedom of Information Officer
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
ringle@hillingdon.gov.uk
01895 55(6923)

Request and Correspondence with LB Hillingdon

All correspondence is recorded at

www.whatdotheyknow.com/request/ruislip_l...

Complaint

I contend that Regulation 12(4) (d) does not apply for the reasons stated in my communications of the 8th and 10th June

Could you please instruct LB Hillingdon to supply me with a copy of the report.

(Please note that LB Hillingdon are under investigation by your Christopher Williams of your Enforcement Team)

I look forward to a speedy resolution of this case.

Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770

Peter Silverman left an annotation ()

Complaint to ICO
Progress report

08/07/10 Complaint made to ICO

10/08/10 Allocated to a case officer as case number ER0322012

16/09/10 ICO confirm they have contacted Council for information

10/11/10 ICO say draft decision notice has been prepared "This needs to go through some stages of review first before it can be signed off by a senior member of staff".

09/01/10 Nothing further has been heard

All the ICO needed to do was to ask for a copy of the report to determine whether it was a draft/work-in-progress or a completed document and then make a decision.

I believe the matter could have been dealt with within 7 days.

Instead it has taken 6 months and counting.

Peter Silverman left an annotation ()

From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 13 January 2011 15:07
To: 'casework@ico.gsi.gov.uk'
Subject: Information Commissioner's Office[Ref. FER0322012]

Ms Woodworth,

Can you please explain why it is taking so long to produce the promised Decision Notice?

Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770

From: casework@ico.gsi.gov.uk [mailto:casework@ico.gsi.gov.uk]
Sent: 10 November 2010 11:41
To: p@petersilverman.com
Subject: Information Commissioner's Office[Ref. FER0322012]

10 November 2010

Dear Mr Siverman,

Re: Complaint about the London Borough of Hillingdon – FER0322012

I am writing to provide you with an update in relation to your complaint to the Information Commissioner’s Office.

I have been in touch with the Council about your request for information. The Council has informed me that it wishes to maintain its position. Having considered this, I have prepared a draft Decision Notice. This is a formal legal notice which sets out the Commissioner’s opinion on whether or not the information has been correctly withheld. This needs to go through some stages of review first before it can be signed off by a senior member of staff. I therefore cannot be specific about how long this may take but please be reassured that every effort will be made to reach a conclusion as soon as possible.

Yours sincerely,

Elizabeth Woodworth
Senior Complaints Officer

[Name Removed] left an annotation ()

Decision Notice at last!!!!
Copy of e-mail to my MP Nick Hurd

From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 20 May 2011 12:55
To: Nick Hurd (MP For Ruilsip Northwood)
Cc: Dan Coombs (Gazette); Vicky Brownlee (Chair Friends Of Ruislip Lido); Katherine Gundersen (Campaign For Freedom Of Information)
Subject: Lido "Scoping Report" of April 2010

Nick,

I have just received a letter from the Information Commissioner’s Office regarding my complaint to them of 8th July 2010 regarding the refusal of LBH to let me have a copy of their “scoping” report on the Ruislip Lido developments.

My request to LBH for the report was made on 11th May 2010 after requests from the Friends of Ruislip Lido, and both the Ruislip and Eastcote Residents Associations had been turned down.

Please refer to http://archive.hillingdon-watch.org.uk/h...

The request and follow up correspondence with LBH and my complaint to the ICO can all be seen at http://www.whatdotheyknow.com/request/ru...

The ICO have now issued a Decision Notice requiring the Council to disclose a copy of the withheld report to me.

It’s quite disgraceful in my opinion:

1. That LBH have so doggedly refused to release the report. You will be aware that LBH have been under investigation by the ICO’s Enforcement Team for their poor performance in respect to meeting their obligations under Freedom Of Information legislation. Do you know what the current state of play is in regard to these investigations?

and

2. That the ICO have taken so long to reach their decision. In my opinion the facts of the case were so clear cut that their decision could easily have been made in 48 hours not 10 months. I understand from past conversations with the Campaign for Freedom of Information that such inefficiencies are commonplace. Can you please bring this to the attention of the Minister for Justice and ask what steps are being taken to improve the efficiency of the ICO?

What chance does the ordinary citizen have surrounded by such incompetence in both the local and central government.

Nick, I look forward the hearing from you

Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770