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South Kilburn Masterplan Review 2016/7 Consultation Responses

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Dear Brent Borough Council,
Could you please [provide me with copies of the all original material collected during the Masterplan Review consultations on 16 September 2016 and 5 Dec 2016 - that is exactly what people wrote down, or what was written down by officials talking to people in response to the consultation, in their original forms. Personal identifying details may be redacted if deemed necessary. Thank you.

Yours faithfully,
Leslie Barson

Aktar Choudhury,

Information request
Our reference: 7133396

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Dear Sir/Madam
 
Thank you for your information request. We will forward it to the
relevant department who will contact you shortly.
 
Brent Council
Brent Civic Centre
Engineers Way
Wembley HA9 0FJ
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

Richard Barrett,

Information request
Our reference: 7133396

--------------------------------------------------------------------------

 
Dear Sir/Madam
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 8 March
2017, as follows:
Dear Brent Borough Council,
Could you please [provide me with copies of the all original material
collected during the Masterplan Review consultations on 16 September 2016
and 5 Dec 2016 - that is exactly what people wrote down, or what was
written down by officials talking to people in response to the
consultation, in their original forms. Personal identifying details may be
redacted if deemed necessary. Thank you.

Yours faithfully,
Leslie Barson
 
We are dealing with your request under the Freedom of Information Act 2000
and we aim to send a response by 5 April 2017.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours faithfully
 
 
Richard Barrett
Head of Estates Regeneration
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

Richard Barrett,

Information request
Our reference: 7133396

--------------------------------------------------------------------------

 
Dear Leslie
 
I refre to your recent FoI concerning the request outlined below:

Dear Brent Borough Council,
Could you please [provide me with copies of the all original material
collected during the Masterplan Review consultations on 16 September 2016
and 5 Dec 2016 - that is exactly what people wrote down, or what was
written down by officials talking to people in response to the
consultation, in their original forms. Personal identifying details may be
redacted if deemed necessary. Thank you.

Yours faithfully,
Leslie Barson
 
The Council has been advised that the cost of retrieving the
information,scanning, photocopying and postage is £302.00 plus VAT. This
does not include officer time if we need to redact the raw information
provided. As you will be aware Brent engaged external consultants to
assist in the various consultation events and these are their costs which
under FoI the Council is entitled to seek advance payment of these costs
before requesting the information and suplying the same to you.
 
I would be obliged if you could respond by 4 April 2017 as to whether you
wish to proceed with this FoI and if you do please enclose a cheque or
bank details.
 
When you are in a position to respond, please use the link below:
 
[1]Submit your response
 
Thank you for your help.
 
Yours faithfully
 
 
Richard Barrett
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. https://brentportal.icasework.com/servle...

Dear Richard Barrett,

Thank you for your reply.
I am unsure on what basis you are asking for costs up front, and would be grateful if you could clarify.
If the information held by the external consultants is 'held on behalf' of Brent Council, then it still applies under the standard rules of the FOI Act. Guidance from the Information Commissioner states that "information that a contractor holds on behalf of a public authority is also in scope of a FOIA request, even if the authority never physically holds it in its own hard copy or electronic files."
Moreover the ICO suggests that whether the information is being held on 'behalf' of a public authority should be based on the contractual agreement between the authority and the contractor. If, under the terms of the contract between the two parties, the public authority has established a right to access the given information, under any circumstances, then it can be legitimately be considered to be held on behalf of said public authority. (See https://ico.org.uk/media/for-organisatio...)
If this is the case, then the cost limit applies as per usual. The cost limit for government requests is £600. Staff time is to be counted at £25 per hour, regardless of whether such staff are directly employed by the public authority or are or external contractors. (see https://ico.org.uk/for-organisations/gui...)
Within such circumstances, the only costs which may legitimately be billed are disbursement costs, which apply only to costs associated with the physical reproduction of material, and do not include the labour costs of disbursement. This is to be charged at 10p per page of black and white photocopying plus Royal Mail costs (I believe these given costs include VAT - see http://cms.walsall.gov.uk/index/council_...). At present it costs £3.90 to send a 2nd class signed for package of up to 2kg. The costs you are asking us to pay, then, suggest that there are nearly 3000 pages of consultation material to be gathered. The Masterplan document itself stays there have been "470 engaged people". This would suggest that each individual produced an average of over 6 pages of written text. This seems unlikely - not least because a proportion of responses will have been online, and would not require photocopying or have associated disbursement costs.
If your reason for requesting costs up front is indeed related to physical disbursement, might I request that instead the material be scanned and sent digitally? Under Section 11(1) of the FOI Act, authorities have a duty to take account of the applicants’ preferred format for receiving information, so this should be a valid request to make. This should reduce the costs merely to labour, which should then be covered under the allowed cost limit, whether this is by the contractor or yourselves.
I hope this is an acceptable solution,
Best wishes,
Leslie

Yours sincerely,

L Barson

Brent Borough Council

Information request
Our reference: 7133396

--------------------------------------------------------------------------

 
Dear Leslie
 
I refre to your recent FoI concerning the request outlined below:

Dear Brent Borough Council,
Could you please [provide me with copies of the all original material
collected during the Masterplan Review consultations on 16 September 2016
and 5 Dec 2016 - that is exactly what people wrote down, or what was
written down by officials talking to people in response to the
consultation, in their original forms. Personal identifying details may be
redacted if deemed necessary. Thank you.

Yours faithfully,
Leslie Barson
 
The Council has been advised that the cost of retrieving the
information,scanning, photocopying and postage is £302.00 plus VAT. This
does not include officer time if we need to redact the raw information
provided. As you will be aware Brent engaged external consultants to
assist in the various consultation events and these are their costs which
under FoI the Council is entitled to seek advance payment of these costs
before requesting the information and suplying the same to you.
 
I would be obliged if you could respond by 4 April 2017 as to whether you
wish to proceed with this FoI and if you do please enclose a cheque or
bank details.
 
When you are in a position to respond, please use the link below:
 
[1]Submit your response
 
Thank you for your help.
 
Yours faithfully
 
 
Richard Barrett
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. https://brentportal.icasework.com/servle...

Richard Barrett,

Information request
Our reference: 7133396

--------------------------------------------------------------------------

 
Dear Leslie
 
I refer to your recent FoI concerning the request outlined below:

Thank you for your recent response. I will now request scanned copies of
the submitted information rather than the original documentation that you
initially requested. I will advise as to any costs but I suspect they will
be below any recovery limit so will look to supply the information
requested as soon as reasonably possible. 

Regards
Richard
 
 
[1]Submit your response
 
Thank you for your help.
 
Yours faithfully
 
 
Richard Barrett
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. https://brentportal.icasework.com/servle...

Dear Richard Barrett,

Thank you very much.

Yours sincerely,

L Barson

Richard Barrett,

2 Attachments

Information request
Our reference: 7133396

--------------------------------------------------------------------------

 
Dear Sir/Madam
 
Thank you for your request for information received on 4 May 2017.
 
Please find attached our response to your request.
 
Yours faithfully
 
 
Richard Barrett
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

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