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Staffing and other Costs Requested

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Dear Wirral Metropolitan Borough Council,

Under the Freedom of Information Act, the founding principle is to ensure that public sector bodies are open and accountable and encompasses any recorded information. Wirral Evolutions is a wholly owned local authority company and as such is solely funded from the public purse and as such does not meet the criteria for commercial confidentiality under the exemption from disclosure under section 43(2) of the Freedom of Information Act 2000.

On that basis please provide the following information requested under the act relating to the expenditure of public funds.

It is understood that an Interim General Manager is currently employed at Wirral Evolutions to provide additional management capacity due to the absence of senior officers, please provide the following information;

•A full breakdown of costs paid to members of the Wirral Evolutions Board of Directors and what roles and duties they have carried out in order to qualify for the payments, it is understood that it will be necessary to anonymise/code this information and it will be acceptable to reference the directors as NED 1, NED 2 and NED 3.
•A full breakdown of costs paid to the Interim General Manager and what roles and duties they have carried out in order to qualify for the payments and the duration of the contract the person is employed under
•A full breakdown of costs paid to the other Senior Managers employed by Wirral Evolutions and what roles and duties they have carried out in order to qualify for the payments. it is understood that it will be necessary to anonymise this information and it will be acceptable to reference the directors as SM 1, SM 2 and SM 3.
•Which organisation is funding the above costs, either Wirral MBC or Wirral Evolutions
•Given that one Director of the board of Wirral Evolutions has been unable to attend board meetings for a significant period, please provide an explanation as to how the board are ensuring the said Director has been kept informed of key decisions relating to the company, the operating model and governance issues as required by company law.

Yours faithfully,

Jane Smith

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Dear Jane Smith,

Thank you for your request shown below.  The information requested is not
held by Wirral Council and we therefore have no information to provide to
you.  For clarification, Wirral Evolutions is an arms-length Local
Authority Trading Company and as such your request should be made to that
Company.  To assist you further please see contact details here
  [1]http://www.wirralevolutions.org/content/...

Yours sincerely

 

Jane Corrin

Records and Information Manager

Business Services - Digital

Wirral Council

 

[email address]

 

Visit our website: www.wirral.gov.uk

 

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

From: Jane Smith [mailto:[FOI #469139 email]]
Sent: 06 March 2018 18:32
To: InfoMgr, FinDMT
Subject: Freedom of Information request - Staffing and other Costs
Requested

 

Dear Wirral Metropolitan Borough Council,

 

Under the Freedom of Information Act, the founding principle is to ensure
that public sector bodies are open and accountable and encompasses any
recorded information. Wirral Evolutions is a wholly owned local authority
company and as such is solely funded from the public purse and as such
does not meet the criteria for commercial confidentiality under the
exemption from disclosure under section 43(2) of the Freedom of
Information Act 2000.

 

On that basis please provide the following information requested under the
act relating to the expenditure of public funds.

 

It is understood that an Interim General Manager is currently employed at
Wirral Evolutions to provide additional management capacity due to the
absence of senior officers, please provide the following information;

 

•A full breakdown of costs paid to members of the Wirral Evolutions Board
of Directors and what roles and duties they have carried out in order to
qualify for the payments, it is understood that it will be necessary to
anonymise/code this information and it will be acceptable to reference the
directors as NED 1, NED 2 and NED 3.

•A full breakdown of costs paid to the Interim General Manager and what
roles and duties they have carried out in order to qualify for the
payments and the duration of the contract the person is employed under •A
full breakdown of costs paid to the other Senior Managers employed by
Wirral Evolutions and what roles and duties they have carried out in order
to qualify for the payments. it is understood that it will be necessary to
anonymise this information and it will be acceptable to reference the
directors as SM 1, SM 2 and SM 3.

•Which organisation is funding the above costs, either Wirral MBC or
Wirral Evolutions •Given that one Director of the board of Wirral
Evolutions has been unable to attend board meetings for a significant
period, please provide an explanation as to how the board are ensuring the
said Director has been kept informed of key decisions relating to the
company, the operating model and governance issues as required by company
law.

 

Yours faithfully,

 

Jane Smith

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.

References

Visible links
1. http://www.wirralevolutions.org/content/...

Dear InfoMgr, FinDMT,

This information is held by Wirral Council as the council provides ongoing support services in relation to HR and legal services, money which is funded through the council budget and are therefore obliged under the FOI request as they are a linked organisation. Please resubmit the request to the relevant council officers

Yours sincerely,

Jane Smith

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Dear Jane Smith,

Thank you for your further email below. The information broken down to the level you are requesting is not held by the Council. A certain amount of money is funded through Council budgets and paid to Wirral Evolutions but it is that company who hold and can provide the detail to you at the level you are requesting it www.wirralevolutions.org/content/page/33...

If you remain dissatisfied with this response you can of course ask for another officer of the Council to conduct an internal review of how your request was handled by emailing [Wirral Borough Council request email]
If you still remain dissatisfied after an internal review then you have the right to complain to the Information Commissioner - contact details here https://ico.org.uk/global/contact-us/
Yours sincerely
Jane Corrin
Records and Information Manager
Business Services - Digital
Wirral Council

This information supplied to you is copyrighted and continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non commercial research you are doing and for the purposes of news reporting. Any other reuse, for example commercial publication, would require our specific permission, may involve licensing and the application of a charge

From: Jane Smith [mailto:[FOI #469139 email]]
Sent: 08 March 2018 20:53
To: InfoMgr, FinDMT
Subject: Re: Freedom of Information request - Staffing and other Costs Requested

Dear InfoMgr, FinDMT,

This information is held by Wirral Council as the council provides ongoing support services in relation to HR and legal services, money which is funded through the council budget and are therefore obliged under the FOI request as they are a linked organisation. Please resubmit the request to the relevant council officers

Yours sincerely,

Jane Smith

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager.

Dear Wirral Metropolitan Borough Council,

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

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'Staffing and other Costs Requested'.

On the basis that some of the information is held and known about by council officers and as such a refusal to disclose this information is in breach of the Freedom of Information Act 2000

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,

Jane Smith

Lyon, Rosemary A., Wirral Metropolitan Borough Council

Dear Ms Smith,

 

I refer to your email of 9 March in which you made the following request
for an internal review in connection with your request for information
dated 6 March.

 

Dear Wirral Metropolitan Borough Council,

 

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

 

I am writing to request an internal review of Wirral Metropolitan Borough
Council's handling of my FOI request 'Staffing and other Costs Requested'.

 

On the basis that some of the information is held and known about by
council officers and as such a refusal to disclose this information is in
breach of the Freedom of Information Act 2000

 

I have had regard to the Information Commissioner’s guidance, ‘Recognising
a request made under the Freedom of Information Act (Section 8)@ 20161102,
Version:1.2. Paragraph 15 of that guidance provides, ’In our view, the
intention of the legislation is for the requester to provide their real
name so their request could be processed in accordance with requirements
of the FOIA.’ Paragraph 28 provides, ‘If the requester has used a
pseudonym then their request will be invalid.

 

The Council has reason to believe that a pseudonym is being used in
connection with your request for information. Unless a real name is
provided, the request will be invalid. Section 8 (1) (b) of the Freedom of
Information Act, requires the request for information to state the name of
the applicant and an address for correspondence. Please provide the
Council with proof of your identity which may be submitted electronically
or by written correspondence.

 

Yours sincerely,

 

Rosemary Lyon,

Solicitor,

Wirral Borough Council

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.

Dear Lyon, Rosemary A.,

Can you please provide an explanation as to why you believe a pseudonym is being used in this request and what evidence that conclusion was reached.

Yours sincerely,

Jane Smith

Lyon, Rosemary A., Wirral Metropolitan Borough Council

Dear Ms Smith,

There may be substantive reasons, why the identity of the requester may be directly relevant to the determination of the request by the Council. I am thinking here specifically of requests which involve personal data. The use of a pseudonym would make it impossible for an authority to know whether a request could be refused because it had been made by the data subject him or herself and should be dealt with instead under the Data Protection Act. Perhaps more significantly, compliance with a request for third party personal data may depend in part upon the identity of the requester. For example, disclosure of third party personal data may be considered to be compatible with the data protection principles because it is necessary for the legitimate interests pursued by the applicant (DPA, Schedule 2, Condition 6). It would be extremely difficult to assess the legitimacy of the request without information about the identity of the requester.

As this response is being made to a public website, it would not be appropriate to provide further detail which could lead to data subjects being identifiable.

Yours sincerely,

Rosemary Lyon,
Solicitor,
Wirral Borough Council

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Dear Lyon, Rosemary A.,

I am somewhat confused by your response as the request clearly states it is understood and acceptable for the information to be anonymous and coded to prevent the identification of individuals, so therefore there will be no personal data provided so your assertion that the information would be more appropriately addressed under the DPA is incorrect?

If the request related to information about myself (which it does not) then the DPA may be more appropriate or if the request was seeking specific information about individuals and those individuals could be clearly identified then I would agree the DPA may be more apposite, however that is not the case with this request but perhaps you have not seen the original request in full?

Yours sincerely,

Jane Smith

Dear Lyon, Rosemary A.,

This request is now delayed please respond urgently as failure to do so will result in escalation to the ICO

Yours sincerely,

Jane Smith

Corrin, Jane, Wirral Metropolitan Borough Council

Dear Ms. Smith,

 

Thank you for your further email.  Just to clarify for you, the 20 working
day timeframe on your request has been stopped whilst we await you
supplying us with proof of your identity.  This aspect of the legislation
was explained to you in a previous email which I have copied and pasted
for your convenience.

“……….I have had regard to the Information Commissioner’s guidance,
‘Recognising a request made under the Freedom of Information Act (Section
8)@ 20161102, Version:1.2. Paragraph 15 of that guidance provides, ’In our
view, the intention of the legislation is for the requester to provide
their real name so their request could be processed in accordance with
requirements of the FOIA.’ Paragraph 28 provides, ‘If the requester has
used a pseudonym then their request will be invalid.

The Council has reason to believe that a pseudonym is being used in
connection with your request for information. Unless a real name is
provided, the request will be invalid. Section 8 (1) (b) of the Freedom of
Information Act, requires the request for information to state the name of
the applicant and an address for correspondence. Please provide the
Council with proof of your identity which may be submitted electronically
or by written correspondence…” 

Please email proof to [1][Wirral Borough Council request email] or you can
provide the proof at any one stop shop who can scan and email us.

If you wish to complain to the ICO then you can of course do this and
their full contact details are available here
[2]https://ico.org.uk/global/contact-us/

 

 

Yours sincerely,

 

Jane Corrin

Records and Information Manager

Business Services - Digital

 

Wirral Council

[3][email address]

 

Visit our website: [4]www.wirral.gov.uk

 

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.

References

Visible links
1. mailto:[Wirral Borough Council request email]
2. https://ico.org.uk/global/contact-us/
3. mailto:[email address]
4. http://www.wirral.gov.uk/

Dear Corrin, Jane,

You have not provided an email address with which to verify identity please do so urgently?

Yours sincerely,

Jane Smith

Corrin, Jane, Wirral Metropolitan Borough Council

Dear Ms. Smith,
Thank you for your email below. I have rechecked and I did include an email address but it appears to be protocol for the WhatDoTheyKnow administrators to not republish email addresses. If you have an alternative email address you can give me then I can resend my response with the email address included. Another route could be to contact the WhatDoTheyKnow administrators and ask them to provide the email address from my response. Finally a third option would be to visit any of our one stop shops and ask them to scan and email me, your proof of identity.
Yours sincerely

Jane Corrin
Records and Information Manager
Business Services - Digital
Wirral Council
[email address]

Visit our website: www.wirral.gov.uk

show quoted sections

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