Staff Suspended or sacked

Dear Mr Brety,

I acknowledge receipt of your e-mail which is receiving attention.

I shall contact you further when I am in a position to respond more
fully to your request.

Yours sincerely,

Sandra Hazarika
For Corporate Freedom of Information Officer
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1AB

show quoted sections

Dear Mr Brety

I refer again to your undernoted e-mail dated 8 November 2008.

Your request is being processed. However, in order to progress this
further, I require clarification on whether you wish the figures for
only staff suspended or to include staff dismissed.

I look forward to hearing from you.

Yours sincerely

Jacqueline Keachie
For Corporate Freedom of Information Officer
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1AB

show quoted sections

Dear Mr. Brety,

I refer again to your e-mail dated 8 November 2008 seeking information
on staff suspended/ dismissed and your subsequent e-mail dated 14
November 2008 providing clarification of your request.

Having investigated, I can advise as follows:-

The number of staff suspended then reinstated by North Lanarkshire
Council in the last six months was eight.

I regret to advise you that I am unable to provide you with the number
of staff suspended then dismissed in the last six months in that
disclosure of the information would contravene the Data Protection
principles and that this constitutes a ground of exemption in terms of
Section 38 of the Freedom of Information (Scotland) Act 2002. In coming
to this conclusion, account has been taken of the Scottish Executive's
Code of Practice on protocol on data access and confidentiality which
states that all figures released should not identify either explicitly
or inexplicitly any individual who is the statistical subject. The
effect of this is that where the number of staff suspended then
dismissed during the period of your enquiry is fewer than five, I am
unable to provide you with the figure.

With regard to your enquiry for information on who will carry out the
duties of a suspended member of staff, I can advise that this
information is not held and accordingly, in terms of Section 17 of the
Freedom of Information (Scotland) Act 2002 I must advise you of this.

I can advise that North Lanarkshire Council, having regard to the
provisions of Section 21 of the Freedom of Information (Scotland) Act
2002, has established a procedure whereby any person who has requested
information and is in any way dissatisfied with the decision on that
request, can require a review of that decision by writing to the
Executive Director of Corporate Services at the Civic Centre,
Windmillhill Street, Motherwell ML1 1AB. Accordingly, if you are
dissatisfied with this decision and seek such review please write to the
Executive Director of Corporate Services.

I would advise, also, that in terms of Section 47 of the Act a person
who is dissatisfied with a notice given by the local authority under
Section 21 of the Act - ie. a notice following a review of a decision by
a local authority, or by the failure of a local authority to give such a
notice - may make application to the Scottish Information Commissioner
for a decision as to whether, in any respect specified in that
application, the request for information to which the requirement
relates has been dealt with in accordance with the Act. Such an
application must be in writing or in another form which, by reason of it
having some permanency is capable of being used for subsequent reference
- for example a recording made in audio or video tape - must state the
name of the applicant and an address for correspondence and must specify
the request for information to which the requirement for review relates,
the matter which gave rise to the applicant's dissatisfaction with the
original decision of the local authority and the matter which gives rise
to the applicant's dissatisfaction with the decision on review by the
local authority or the failure of the local authority to issue such a
decision. The Scottish Information Commissioner can be contacted as
follows:-

Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrew's
KY16 9DS

I hope this information is sufficient for your purpose. If, however,
you require further information - or I can assist in any other way -
please let me know.

Yours sincerely,

Jacqueline Keachie
For Corporate Freedom of Information Officer
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1AB
(01698) 302232

show quoted sections