Dear Mr Soudy

FREEDOM OF INFORMATION ACT REQUEST REF: 2017-0846

I am writing to confirm that we received your information request on 22 June 2017. For your information and future communications your request has been allocated the reference number FOI2017-0846. Please quote this reference in any future correspondence.

We will consider your request and respond in accordance with the requirements of the Freedom of Information Act 2000. Our duty is to respond promptly or at least within 20 working days.

Regards

Paul Stott Data Protection Officer Shared ICT Service
The Royal Borough of Kensington and Chelsea
The Town Hall, Hornton Street, London, W8 7NX
Tel: 07739315339
Email: [email address] Website: www.rbkc.gov.uk

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Dear Mr. Soudy

FREEDOM OF INFORMATION REQUEST REF: 2017-0846

I am responding to your request under the Freedom of Information Act 2000,
which we received on 22 June 2017, for information held by the Council.
Your request is as follows:

According to Rydon Construction, the main contractors for renovations at
Grenfell Tower, the tower was inspected 16 times for safety standards
between 2014-2016 by RBKC personnel.

Could I please be informed of the name/names of the individual/individuals
and job titles that carried out the inspections?

I confirm that we hold the information requested.

Under section 40(2) of the FOIA we are permitted to withhold information
which, if disclosed, would breach any of the Principles contained in the
Data Protection Act 1998 (the Act). The names and job titles (you can
identify the officers by their job titles) of council officers is personal
information and release of this information would breach Principle 1 of
the Act (fair and lawful processing). We believe it would be unfair to
disclose the names as the officers are likely to be targeted for blame for
the fire at Grenfell Tower. Staff have a legitimate expectation that their
details will not be disclosed for this purpose.

Under section 38(1) of the FOI Act we are entitled to withhold information
from disclosure if disclosure would or would be likely to a) endanger the
physical or mental health of any individual, or b) endanger the safety of
any individual.

As noted above, we believe that release of the information would lead to
the targeting of the officers and this would affect their physical and
mental health. The council has a responsibility to protect its staff from
harm.

The exemption obliges us to consider the public interest test, essentially
whether the public interest in disclosure outweighs the public interest in
maintaining the exception. We recognise the need for openness and
transparency in council matters relating to the safety of council housing.
It is not in the public interest however, to release information which
could endanger the physical and mental health of our employees, who the
council owe a duty of care to. For this reason we believe that the public
interest in withholding the information outweighs the public interest in
disclosure. 

Under section 31(1)(a) of the Freedom of Information Act, we are permitted
to withhold information if disclosure would, or would be likely to
prejudice the prevention and detection of crime.

We believe that disclosure of the information requested would adversely
affect the ability of a public authority, namely the Metropolitan Police,
to conduct an enquiry of a criminal nature.

The Metropolitan Police have stated publicly said that there are
“reasonable grounds” to suspect the council and Kensington & Chelsea TMO
of corporate manslaughter.  This complex criminal investigation is at a
very early stage and is ongoing.

In accordance with the Code of Practice The council has consulted with the
Metropolitan Police as a third party who may be affected by the disclosure
or otherwise have an interest in whether the disclosure is effected. They
have advised that the information is relevant to their investigation and
expressed a view that disclosure would or would be likely to prejudice the
prevention or detection of crime or the apprehension of prosecution of
offenders.

In applying the exception, we are obliged to consider whether public
interest in disclosure outweighs the public interest in maintaining the
exception. There is a considerable public interest in the disclosure of
information held by the council about the refurbishment of Grenfell Tower,
and the cause and spread of the fire. The council recognise this and are
committed to being accountable and transparent. Where possible, we will be
releasing information that relates to Grenfell Tower.

However, there is also a significant public interest in withholding this
information so as to not adversely affect the criminal investigation and
it follows, the course of justice.  In assessing this risk of prejudice
the Council has taken account of the views of the Metropolitan Police. We
therefore do not believe that there is an overriding reason to disclose
the contract.

At this point in time, it is our belief that the public interest in
withholding the information outweighs the public interest in disclosure.

Complaints

I trust this has satisfied your request. Should you be unhappy with the
handling of your request, the Council has an internal complaints process
for handling FOIA complaints. Complaints are reviewed by the Chief
Solicitor and Monitoring Officer or her nominee. A form is available from
our website to lodge your complaint
[1]http://www.rbkc.gov.uk/councilanddemocra...
Please contact us if you do not have website access and we can provide you
with a copy of the form. Following this review, should you still be
unhappy with how your information request has been handled, you have a
further right to appeal to the Information Commissioner who is responsible
for ensuring compliance with FOIA.  

Yours sincerely

Robin Yu

Information Governance and Management Officer

Shared ICT Service

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

mail: [2][email address] | Website: [3]http://www.rbkc.gov.uk

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References

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1. http://www.rbkc.gov.uk/councilanddemocra...
2. mailto:[email address]
3. http://www.rbkc.gov.uk/