Section 151 Office and Section 114 Notice
Dear Folkestone & Hythe District Council,
Can you tell me the name of the Council's Section 151 Officer? Has the 151 officer considered issuing a Section 114 Notice?
The attached may be of assistance,
Kent County Council finance officer Zena Cooke takes leave of absence
Simon Finlay, Local Democracy Reporter 23 January 2024
One of Kent County Council’s most senior and highest paid officials has taken a sudden and unexpected leave of absence from her role.
Zena Cooke, corporate director for finance and procurement, is understood to be still working for the authority but her deputy John Betts has now stepped into the position.
Her role carries a salary of up to £155,000 a year, according to KCC bandings.
Conservative KCC leader Roger Gough read a short statement to his group members yesterday morning (Jan 22) at County Hall. Cllr Gough gave no reason for Ms Cooke’s absence.
Ms Cooke’s job, which she has held for more than five years, is significant because she also acts as the Section 151 officer at KCC.
Her absence was noted at a key KCC meeting last week.
By law, the holder can issue a Section 114 notice, declaring the council effectively bankrupt if it cannot meet its statutory duties with the funding provided by central government.
One backbencher told LDRS: “No idea what’s going on. There are a lot of rumours now circulating, of course, none of which I would give any credence to.”
‘Zena’s role is the toughest in local government at the best of times and these are the hardest of times...’
Thanet Labour county councillor Barry Lewis said: “News to me - but it sounds serious.”
The council said: “KCC is not commenting on this.”
Ms Cooke has worked in local government for more than three decades, including as Director of Resources at the London Borough of Tower Hamlets, where she was the Section 151 officer.
Before that, she was a senior official at Maidstone Borough Council, according to her LinkedIn account.
KCC faces having to make drastic cutbacks as it scrambles to find tens of millions of pounds of savings or face having to issue a section 114 notice.
Another Tory backbencher said: “Zena’s role is the toughest in local government at the best of times and these are the hardest of times - there are enormous pressures from all sides.
“She’s uber experienced and has been in post for a long time. But no one will say anything but then that’s normal for most Conservative backbenchers these days.”
Yours faithfully,
Fergus Wilson
Dear
Thank you for contacting Folkestone & Hythe District Council.
The following case has been created
Subject: Freedom of Information request - Section 151 Office and Section
114 Notice
Case reference number: 00178345.
Application number: Not applicable
The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights
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Dear Fergus Wilson,
I am writing in respect of your information access request dated the 05/02/2024. This request has been handled under the Freedom of
Information Act 2000.
Please find below information in response to your request.
═════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════
Lydia Morrison is Interim Corporate Services Director and Section 151 Officer for Folkestone and Hythe District Council.
The council is in a financial position that consideration of the issuing of a s114 notice is not required.
═════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════
The contents of this request are subject to re-use under the terms of the [1]Open Government Licence unless otherwise specified.
Publications relying on this data must be attributed accordingly. Where released materials are subject to 3^rd party copyright or
intellectual property rights, rights to attribution and re-use remain vested in the holder.
Personal data disclosed in conjunction with an information access request is provided in compliance with the Council’s legal obligations.
This disclosure does not provide consent for direct marketing under the Privacy and Electronic Communications Regulations (PECR), and
should not be construed as such.
Should you require any further information, or if you are not satisfied with our response, please do not hesitate to contact me. You may
also request an internal review by writing to the following address: [2][email address]
Following this, if you are not satisfied with the internal review response you may apply to the [3]Information Commissioner for an
independent review at the following address: [4][email address]
Kind regards,
Information Governance
Folkestone & Hythe District Council
Civic Centre, Castle Hill Avenue,
Folkestone, Kent, CT20 2QY.
Email: [5][Folkestone & Hythe District Council request email]
Website: [6]Home | [7]FOI and Data | [8]Privacy
Follow us on [9]Twitter and [10]Facebook
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References
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3. http://www.ico.org.uk/
4. mailto:[email address]
5. mailto:[Folkestone & Hythe District Council request email]
6. http://www.folkestone-hythe.gov.uk/
7. https://www.folkestone-hythe.gov.uk/your...
8. https://www.folkestone-hythe.gov.uk/priv...
9. http://www.twitter.com/shepwaydc
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Dear Folkestone & Hythe District Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Folkestone & Hythe District Council's handling of my FOI request 'Section 151 Office and Section 114 Notice'.
I am not satisfied with FHDC's Statement The Council is in a financial position that consideration of the issuing of a s114 notice is not required.
The statement is disingenuous and absolute nonsense! FHDC must be the only council in Kent that does not have to consider a Section 114 Notice. I note Kent County Council is having to cut staff and services.
Cllr Tony Cooper (Lab) represents the Romney Marsh ward on Folkestone and Hythe District Council “Unfortunately the council does not have the money to sort the problem out at this moment in time.”
If Cllr Cooper has made such a statement then he must be right. If FHDC has the money to comply with its obligations then why has it not done so at St Mary's Bay? Further why did FHDC issue two Notices against Freeholders in Littlestone on 4th October, 2022 then withdraw them rather than do the works in Default?
The reason was that FHDC did not have the money and is effectively bankrupt in that it cannot provide the services that it is required to by law. I appreciate many, if not all Kent Councils are in the same position.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
Fergus Wilson
Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.
A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.
Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.
For additional information about how your personal data will be used
please see the access to information privacy notice.
The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights
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Dear Fergus Wilson ,
I acknowledge receipt of your email of 16/02/2024 expressing
dissatisfaction with our response to your request for information
(dated 15/02/2024). The original request was handled under the
Freedom of Information Act 2000.
We will be addressing your concerns by way of an Internal Review.
Folkestone & Hythe District Council's approach to Internal Reviews is
subject to guidance produced by the Information Commissioner's Office
in line with Section 45 of the Freedom of Information Act 2000.
The Secretary of State for Constitutional Affairs’ Code of Practice
on the Discharge of Public Authorities’ Functions under Part 1 of the
Freedom of Information Act 2000, issued under Section 45 reads, in
part, as follows:
“39. The complaints procedure should provide a fair and thorough
review of handling issues and of decisions taken pursuant to the Act,
including decisions taken about where the public interest lies in
respect of exempt information. It should enable a fresh decision to
be taken on a reconsideration of all the factors relevant to the
issue…”
Consequently, the scope to be considered by a review is whether the
Council’s response on 15/02/2024 breached the Act or was otherwise
incorrect. In evaluating this, the case will be examined anew, taking
into account the points and evidence raised during your review
request. In the interest of ensuring your arguments are examined
comprehensively and fairly, please can you confirm if the below
understanding is correct?
It is your belief that our response was 'disingenuous and absolute
nonsense'.
We anticipate that the internal review will be completed within 20
working days of your application for review, however there may be
mitigating circumstances under which an extension is required. If
this is the case with your review, we will endeavour to notify you
and explain why more time is needed.
Yours sincerely,
Information Governance
Folkestone & Hythe District Council
Civic Centre, Castle Hill Avenue,
Folkestone, Kent, CT20 2QY.
Email: [1][Folkestone & Hythe District Council request email]
Website: [2]Home | [3]FOI and Data | [4]Privacy
Follow us on [5]Twitter and [6]Facebook
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References
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1. mailto:[Folkestone & Hythe District Council request email]
2. http://www.folkestone-hythe.gov.uk/
3. https://www.folkestone-hythe.gov.uk/your...
4. https://www.folkestone-hythe.gov.uk/priv...
5. http://www.twitter.com/shepwaydc
https://twitter.com/fstonehythedc
6. http://www.facebook.com/shepwaydistrictc...
https://www.facebook.com/FolkestoneandHy...
Dear Information Officer Case Management,
On 22nd February, 2024 Tonbridge and Malling Borough Council replied as follows:-
Dear Mr Wilson,
Thank you for your recent Freedom of Information request, please see below.
The name of the council's Section 151 officer is Sharon Shelton.
Has the 151 Officer considered issuing a Section 114 Notice? No she hasn't considered issuing a s114 notice
My question is if TMBC can give a straight forward no nonsense answer the why cannot FHDC do so?
My question was asking for a Fact not an Opinion. You have supplied the Latter not the Former!
Yours sincerely,
Fergus Wilson
Dear Fergus Wilson,
I refer to your application dated 16/02/2023 for an internal review of the
council’s decision on your request under the Freedom of Information Act
2000. Your request for an internal review was as follows:
am writing to request an internal review of Folkestone & Hythe District
Council's handling of my FOI request 'Section 151 Office and Section 114
Notice'.
I am not satisfied with FHDC's Statement The Council is in a financial
position that consideration of the issuing of a s114 notice is not
required.
The statement is disingenuous and absolute nonsense! FHDC must be the only
council in Kent that does not have to consider a Section 114 Notice. I
note Kent County Council is having to cut staff and services.
Cllr Tony Cooper (Lab) represents the Romney Marsh ward on Folkestone and
Hythe District Council “Unfortunately the council does not have the money
to sort the problem out at this moment in time.”
If Cllr Cooper has made such a statement then he must be right. If FHDC
has the money to comply with its obligations then why has it not done so
at St Mary's Bay? Further why did FHDC issue two Notices against
Freeholders in Littlestone on 4th October, 2022 then withdraw them rather
than do the works in Default?
The reason was that FHDC did not have the money and is effectively
bankrupt in that it cannot provide the services that it is required to by
law. I appreciate many, if not all Kent Councils are in the same position.
In considering your request I have looked at case impartially and
reconsidered the relevant factors. In light of this,
I can confirm that I consider the original handling of the case to have
been justified. I will address this and explain my rationale as follows.
Lydia Morrison is Interim Corporate Services Director and Section 151
Officer for Folkestone and Hythe District Council.
The council is in a financial position that consideration of the issuing
of a s114 notice is not required
I have taken the time to check through the response provided to you in
your original response also with liaising the team and I can confirm that
we have provided all the information. For further details on our findings,
please refer to our 2023/2024 annual report by clicking the link.
[1]2023-24 Q1 KPI Report - Master 2 (folkestone-hythe.gov.uk)
I will again apologise on behalf of the team for the delays that were
involved in disclosing the information that was provided and will work
with the team to ensure standards are improved with regards to
communication when dealing with delays responding to requests.
Should you require any further information, please do not hesitate to
contact me. If you are not satisfied with the internal review response you
may apply to the [2]Information Commissioner for an independent review at
the following address: [3][email address]
Kind regards,
Data Protection
Information Governance
Folkestone & Hythe District Council
Civic Centre, Castle Hill Avenue,
Folkestone, Kent, CT20 2QY.
Email: [4][email address]
Website: [5]Home | [6]FOI and Data | [7]Privacy
Follow us on [8]Twitter and [9]Facebook
Dear Information Officer Case Management,
As far as a Section 114 Notice is concerned the Council is Bankrupt!
The preset Green administration inherited a £4.5 million Black Hole.
Hardly the fault of the Green Party.
The only answer is to cut jobs!
Yours sincerely,
Fergus Wilson
Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.
A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.
Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.
For additional information about how your personal data will be used
please see the access to information privacy notice.
The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights
References
Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy
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