RE: Your request under the Freedom of Information Act 2000

Case Reference: 101001619028

Dear Mr Gillard

Thank you for your email.

It will be treated as a request within the meaning of the Act: this means that we will send you a full response within 20 working days, either supplying you with the information which you want, or explaining to you why we cannot supply it.

If we need any further clarification or there is any problem we will be in touch.

In the meantime if you wish to discuss this further please contact me. It would be helpful if you could quote the log number.

Yours sincerely

FOI Unit

Solutions Team

Cheshire West and Chester Council

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Dear D Gillard

With reference to your Freedom of Information request reference 1619028.

I am sorry but it is a taking little longer than anticipated to co-ordinate the information you require.

I cannot advise a specific date when we can respond but very much hope it will be by the end of next week.

Yours sincerely

Ruth Winson
Cheshire West and Chester Council

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Dear D Gillard

Thank you for your request under the Freedom of Information Act 2000, I am able to provide you with the following response and apologise for the delay in doing so.

Please find attached the information requested. Please note that we have excluded details of any accounts registered to private individuals from this list under Section 40 (2) of the Freedom of Information Act. Section 40 (2) of the Act states that information is exempt from disclosure if it constitutes the personal data of a third party and its disclosure under the Act would breach any of the data Protection principles or section 10 of the Data Protection Act (DPA). Blank rows within the spreadsheet indicate where personal data has been redacted.

The Council considers that the information is exempt from disclosure under subsection 40 (2) for the following reasons:

1. The requested information is the personal data of a third party, namely the individual account holder. The definition of personal data is taken from Section 1 of the DPA.

It is the Council’s view that: -

• Disclosing the data would be unfair to the individual concerned,
• Disclosure is considered incompatible with the purpose for which the information was gathered.

2. The Data Protection Act Principles - the council considers that disclosure will contravene the first data protection principle, which states that “ personal data shall be processed fairly and lawfully, and in particular, shall not be processed unless –

(a) At least one of the conditions in schedule 2 is met, and
(b) In the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.”

The Council considers that disclosure will be unfair, as the requested information held in relation to the individual was not intended for wider public disclosure.

I trust this answers your enquiry.

The Council considers that your request has been answered in full by either confirming that information is not held, providing you with the information requested, or explaining why any information has been withheld and the reasons for any redaction. Where applicable, the Council has also told you the reasons for the delay in responding to your request.

If you are unhappy with the way your request for information has been handled you can request a review by writing to the Solutions Team within
40 working days from the date of the Council’s response. You are entitled to a review by the Council if:
• You are dissatisfied with the Council’s explanation of why the application was not dealt with within the 20 working day time limit.
• All the information requested is not being disclosed and you have not received an explanation why some information is not being disclosed.
• A reason for the disclosures under the request being refused is not received.
• You consider that exemptions have been wrongly applied, and/or
• You consider that a fee has been wrongly applied.
Please set out your grounds for seeking a review together with what specific part of your request those grounds apply to and the outcome you are seeking. The Council reserves the right to ask you for clarification of the grounds for your review request if the grounds are not clear, and to delay commencing the review if such grounds are not provided.

The Solutions Team can be contacted by email via: [Cheshire West and Chester Council request email] or at the following address:

Solutions Team
Cheshire West and Chester Council
HQ
58 Nicholas Street
Chester
CH1 2NP

The Solutions Team will acknowledge a request for an internal review within 5 working days and complete the review as soon as possible and no later than 40 working days from receipt of the request.

More information about the Council’s internal review process can be found via: http://www.cheshirewestandchester.gov.uk...

If you remain dissatisfied following the outcome of your review, you have a right of appeal to the Information Commissioner at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.gov.uk

There is no charge for making an appeal.

Yours sincerely

Miriam Wallace
Solutions Team
Cheshire West and Chester Council

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Dear D Gillard

Thank you for your email of 6 January 2014, reference 1619028.

An internal review will be arranged and you will be advised of the date shortly.

Yours sincerely

Ruth Winson
Cheshire West and Chester Council

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Dear D Gillard
 
Further to your request for an internal review.  I can confirm that the
internal review panel met on 26 February 2014 to review your case.  Please
find attached a copy of a Decision Notice which Catherine Gaukroger and
Denise Godwin have asked me to send out on their behalf.
 
Yours sincerely
Caroline Timms
Solutions Assistant - Solutions Team
Cheshire West and Chester Council
 
 
 
 
 
 
 
 

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