Information Governance Team ● The Parkhouse Building ● Kingmoor Business Park ● Carlisle ● Cumbria ● CA6 4SJ
T: 01228 221234 ● E: xxxxxxxxxxx.xxxxxxxxxx@xxxxxxx.xxx.xx
PRIVATE AND CONFIDENTIAL James Withington
19 May 2022
Dear James Withington
Freedom of Information Act 2000, Reference: FOI-12678-2022 The council has completed its search relating to your request about Structure Chart for Adult Social Care,
Children's Social Care & Public Health received on Tue, 12 Apr 2022.
Request 1) Please share the structure chart including name, email address and contact number for post holders within
Children's Social Care, Education, Adult Social Care & Public Health.
2) Please include post holders acting at Director, Assistant Director, Head of Service and Service Manager
level.
Response The council does hold information within the definition of your request.
Please see attached organisation charts for Director, Assistant Director, Head of Service, Service Manager
Level for Adult Social Care (ASC) and Public Health.
Please be advised that contact information has been removed from the ASC organisation charts:
The Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) give
the public rights to access information held by public authorities. The public authorities can withhold
information if they can apply a relevant exemption. In this case, the authority has decided to withhold some of
the information requested under Section 40.
Section 40 of FOIA provides an exemption from the right to information if it is personal data as defined in the
Data Protection Act (DPA).
Freedom Of Information Act (FOIA) exemptions and Environmental Information Regulations (EIR) exceptions
concerning personal data relates to the processing of personal data in accordance with the UK General Data
Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
The DPA and GDPR set out the UK data protection regime. The DPA also sets out separate data protection
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rules for the processing of personal data by competent authorities, for law enforcement purposes (DPA Part
3); and for processing by the intel igence services (DPA Part 4). For more information
see: https://ico.org.uk/for-organisations/guide-to-data-protection/
Requests for information about authority staff can cover a wide range of topics, including the names of staff,
organisation charts and internal directories, as wel as other data which can identify individual employees.
The authority must consider the likely consequences of disclosure in each case. Personal information must
not be used in ways that has unjustified adverse effects on the employee concerned. To be able to support
our decision, the authority must go on to apply a Public Interest Test (PIT).
Public Interest Test
The authority understands that disclosing this information would help to further the understanding, and
participation in the public debate. It would facilitate the accountability and transparency of public authorities for
decisions taken. It would also al ow individuals to understand decisions made by public authorities affecting
their lives and, in some cases, assist individuals in chal enging those decisions. However, it is our opinion that
releasing ASC staff member's contact details could put them at risk of harassment and verbal abuse by
disgruntled social care service users or members of the public. The Council has also decided to withhold al information relating to Children's Services staff members:
The council does hold the information requested; however this information is withheld under Section 38(1)(b).
Under Section 38(1)(b) of the Freedom of Information Act 2000, public authorities are able to withhold
personal information, if its disclosure would or would be likely to, endanger the physical or mental health of
any individual or endanger the safety of any individual. Public authorities must go on to apply the public
interest test set out in regulation 38(1)(b). A public authority can only withhold information if the public interest
in maintaining the exception outweighs the public interest in disclosing the information.
Public Interest Test
The Public Interest Test found that the disclosure of this information would facilitate the accountability and
transparency of the public authority, however there is a current active social media campaign, which is
targeting Cumbria County Staff, including elected members and child and family workers. This could heavily
endanger the safety and wel being of our staff. Therefore, as an employer and our obligation to protect staff
from risk of any harm, the decision to withhold the information at present outweighs the reasoning to provide
the requested information. Disclaimer Most of the information that we provide in response to requests submitted under the Freedom of Information
Act 2000 and Environmental Information Regulations 2004 wil be subject to copyright protection. In most
cases the copyright wil be owned by Cumbria County Council. However the copyright in other information
may be owned by another person or organisation, as indicated on the information itself.
You are free to use any information supplied in this response for your own non-commercial research or private
study purposes. The information may also be used for any other purpose al owed by a limitation or exception
in copyright law, such as news reporting. However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, wil require the permission of the copyright
owner. Where the copyright owner is the council you wil need to make an application under the Re-use of
Public Sector Information Regulations 2005.
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For information where the copyright is owned by another person or organisation you must apply to the owner
to obtain their permission.
If you are dissatisfied with the way the council has responded to your request you can request an Internal
Review. If you would like to request a Review please contact the Information Governance Team using the
details at the top of this letter.
If you have any issues relating to this letter you should attempt to resolve them, in the first instance, with the
council, by requesting an Internal Review. If you would like to request a Review please contact the
Information Governance Team using the details at the top of this letter.
Further information can be found on the council’s website: http://www.cumbria.gov.uk/council-
democracy/accesstoinformation/internalreviewscomplaints.asp
Yours sincerely
Information Governance Team
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