St Mark Road car park Mitcham - paper to cabinet 15 Janary 2024

Sandra Vogel made this Freedom of Information request to Merton Borough Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Merton Borough Council.

Dear Merton Borough Council,

A paper relating to St Marks Rd car park, Mitcham is going to Cabinet on 15th January 2024. https://democracy.merton.gov.uk/ieListDo...

This paper is not available for the public to see.

The reason given is that it contains legal and financial details.

There will be other information in this paper which is not legal or financial details. I believe that it is in the public interest for this information to be published, and that the paper can be published with any relevant legal and financial details redacted.

Please:

a) publish this paper on the agenda for Cabinet on 15 January 2024 - even if the decision to publish a redacted version is made after the meeting has taken place.

b) share the paper in your reply to this email.

Thank you

Sandra Vogel

foi, Merton Borough Council

Thank you for your email message. We aim to respond to all requests under
the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 within 20 working days. More information about the way we
deal with information requests is on our web site at
[1]www.merton.gov.uk/foi
 
Information Governance Team
London Borough of Merton.
020 8545 4634
 
 
 

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Amy Dumitrescu, Merton Borough Council

Dear Sandra,

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004 Information request

 

We have now considered your information request as set out below. 

 

You asked:

 

Dear Merton Borough Council,

 

A paper relating to St Marks Rd car park, Mitcham is going to Cabinet on
15th January 2024.
[1]https://democracy.merton.gov.uk/ieListDo...

 

This paper is not available for the public to see.

 

The reason given is that it contains legal and financial details.

 

There will be other information in this paper which is not legal or
financial details. I believe that it is in the public interest for this
information to be published, and that the paper can be published with any
relevant legal and financial details redacted.

 

Please:

 

a) publish this paper on the agenda for Cabinet on 15 January 2024 - even
if the decision to publish a redacted version is made after the meeting
has taken place.

 

b) share the paper in your reply to this email.

 

 

Response:

 

The Council is satisfied that the information in the report should be
classified as exempt information under paragraph 3 of Part 1 of Schedule
12A of the Local Government Act 1972 (Information relating to the
financial or business affairs of any particular person, including the
authority holding that information). In making this assessment, the
Council has taken account of all the circumstances of the case and
considers that the public interest in maintaining the exemption outweighs
the public interest in disclosing the information. 

 

The Council will keep this matter under review with a view to whether
information in the report should be published at a future date.

 

If you have any queries or concerns about this please contact us.

 

If you are dissatisfied with the handling of your request or wish to
appeal against the decision to exempt any part of your request, you should
request an Internal Review at [2][Merton Borough Council request email] or write in to Freedom
of Information team, Merton Council, Civic Centre, Morden, SM4 5DX.

 

If you escalate to the Information Commissioners Office (ICO) without
following the council’s internal review process, the ICO will refer you
back to the council to enable the correct process to be followed.

 

You can also appeal to the Information Commissioner at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.  Telephone:  0303 123 1113.  Website: [3]www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Amy Dumitrescu

Head of Democracy Services

 

══════════════════════════════════════════════════════════════════════════

Please help to reduce waste and do not print this message unless you
really need to.
This message, including any attached files, is intended just for the use
of the individual or organisation to whom it is addressed. Unauthorised
use (for example disclosure, storage or copying) is not permitted. If you
are not the intended recipient please destroy all copies and inform the
sender by return email. Any views or opinions expressed in email are
solely those of the author and do not necessarily represent those of
Merton Council. Merton Council reserves the right to monitor, record and
retain any incoming and outgoing emails for security reasons and for
monitoring internal compliance with the Merton Council policy on staff
use. Email monitoring and/or blocking software may be used and email
content may be read. Merton Council may be required to disclose this email
(or any response to it) under the Freedom of Information Act 2000 unless
the information in it is covered by one of the exemptions in the Act. The
message may contain information that is confidential or sensitive; you
should handle it accordingly.
Please view the council's privacy notice at
https://www.merton.gov.uk/legal/privacy-...
--------------------------------------------------------------------------------------------------------------

References

Visible links
1. https://democracy.merton.gov.uk/ieListDo...
2. mailto:[Merton Borough Council request email]
3. http://www.ico.org.uk/

Dear Merton Borough Council,

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

I am writing to request an internal review of Merton Borough Council's handling of my FOI request 'St Mark Road car park Mitcham - paper to cabinet 15 Janary 2024'.

I requested the publication of a paper that went to Merton Council Cabinet on 15 January 2024.

I was very clear in my request that I was aware the paper contains information the council says is sensitive.

I was also clear that "There will be other information in this paper which is not legal or financial details. I believe that it is in the public interest for this information to be published, and that the paper can be published with any relevant legal and financial details redacted."

My opinion about redacted publication being in the public interest has not changed, and I am now requesting an internal review.

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,

Sandra Vogel

foi, Merton Borough Council

Thank you for your email message. We aim to respond to all requests under
the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 within 20 working days. More information about the way we
deal with information requests is on our web site at
[1]www.merton.gov.uk/foi
 
Information Governance Team
London Borough of Merton.
020 8545 4634
 
 
 

══════════════════════════════════════════════════════════════════════════

Please help to reduce waste and do not print this message unless you
really need to.
This message, including any attached files, is intended just for the use
of the individual or organisation to whom it is addressed. Unauthorised
use (for example disclosure, storage or copying) is not permitted. If you
are not the intended recipient please destroy all copies and inform the
sender by return email. Any views or opinions expressed in email are
solely those of the author and do not necessarily represent those of
Merton Council. Merton Council reserves the right to monitor, record and
retain any incoming and outgoing emails for security reasons and for
monitoring internal compliance with the Merton Council policy on staff
use. Email monitoring and/or blocking software may be used and email
content may be read. Merton Council may be required to disclose this email
(or any response to it) under the Freedom of Information Act 2000 unless
the information in it is covered by one of the exemptions in the Act. The
message may contain information that is confidential or sensitive; you
should handle it accordingly.
Please view the council's privacy notice at
https://www.merton.gov.uk/legal/privacy-...
--------------------------------------------------------------------------------------------------------------

References

Visible links
1. http://www.merton.gov.uk/foi

Murz Marston Parchment, Merton Borough Council

2 Attachments

Dear Sandra Vogel,

 

Further to your request for an internal review please find attached my
review decision for your attention.

 

I do not propose to send a hard copy in the post, however, should you
require this, please advise accordingly.

 

Regards,

 

 

Murz Marston Parchment

Lawyer, Procurement and Information Governance

South London Legal Partnership
Gifford House, 67c St Helier Avenue, Morden, SM4 6HY

 

 

[1]Sig

 

IMPORTANT - PERSONAL

══════════════════════════════════════════════════════════════════════════

Please help to reduce waste and do not print this message unless you
really need to.
This message, including any attached files, is intended just for the use
of the individual or organisation to whom it is addressed. Unauthorised
use (for example disclosure, storage or copying) is not permitted. If you
are not the intended recipient please destroy all copies and inform the
sender by return email. Any views or opinions expressed in email are
solely those of the author and do not necessarily represent those of
Merton Council. Merton Council reserves the right to monitor, record and
retain any incoming and outgoing emails for security reasons and for
monitoring internal compliance with the Merton Council policy on staff
use. Email monitoring and/or blocking software may be used and email
content may be read. Merton Council may be required to disclose this email
(or any response to it) under the Freedom of Information Act 2000 unless
the information in it is covered by one of the exemptions in the Act. The
message may contain information that is confidential or sensitive; you
should handle it accordingly.
Please view the council's privacy notice at
https://www.merton.gov.uk/legal/privacy-...
--------------------------------------------------------------------------------------------------------------

References

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