Stubbers Green wildfowl road death casualties- meetings etc

Mr Carroll made this Freedom of Information request to Walsall Metropolitan Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Walsall Metropolitan Borough Council did not have the information requested.

Dear Walsall Metropolitan Borough Council,

I am writing to make an open government request for all the information to which I am entitled under the Freedom of Information Act and the Environmental Information Regulations.
In order to assist you with this request, I am outlining my query as specifically as possible. If however this request is too wide or too unclear, I would be grateful if you could contact me as I understand that under the act, you are required to advise and assist requesters.
I am requesting minutes/file notes of any meetings that you hold regarding discussions for solutions in relation to birds being killed crossing Stubbers Green Road Aldridge since June 8th 2016.
I exclude from this the response to the presentation submission of a high profile petition to full council on September 16th 2016.
I understand that under the act, I should be entitled to a response
within 20 working days. I would be grateful if you could confirm that you have received
this request. I look forward to hearing from you in the near future via the what do they know website address.
Yours faithfully,
Mr Carroll

Yours faithfully,

Mr Carroll

InformationRights, Walsall Metropolitan Borough Council

Dear Mr Carroll,

 

 

Thank you for your request for information about Stubbers Green wildfowl
road death casualties, which was received on 27 May 2017.

 

In accordance with provisions within Freedom of Information Act 2000, the
council will respond to your request within 20 working days, saying
whether we have the information that you want, and if there will be any
charges. 

 

If, for any reason, we cannot provide you with the information, we will
tell you why. If we need to clarify your request, we will contact you
again.

 

In the meantime, if you need to contact me about your request, please do
so quoting the above reference number.

 

Yours sincerely

 

 

Fakhara Qanwal

 

 

 

Dear InformationRights,

Could I please advise you that this request for information has been delayed.
Stubbers Green wildfowl road death casualties, which was received on 27 May 2017.
https://www.whatdotheyknow.com/request/s...

Yours sincerely,

Mr Carroll

Dear Walsall 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 Walsall Metropolitan Borough Council's handling of my FOI request 'Stubbers Green wildfowl road death casualties- meetings etc'.

An acknowledgement was received from your council on 30th May, but since that time and despite a reminder, I have received no further answer to my request. Could you please therefore answer the original request, and respectfully remind you of your obligations under legislation to answer requests in a reasonable timeframe.

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,

Mr Carroll

InformationRights, Walsall Metropolitan Borough Council

Dear Mr Carroll,

 

Freedom of Information Request RFI0647/17

 

Please accept my sincerest apologies for the delay in responding to your
Freedom of Information Request, I hope this information is still of use to
you. Please note that the information given in this response is as at the
date of your request. If you do have any queries or additional questions
regarding the information that has been provided please do not hesitate to
contact me direct on the details at the bottom of this email.

 

Further to your request for information about Stubbers Green wildfowl road
death casualties, I can tell you the following:

 

 1. I am requesting minutes/file notes of any meetings that you hold
regarding discussions for solutions in relation to birds being killed
crossing Stubbers Green Road Aldridge since June 8th 2016. I exclude
from this the response to the presentation submission of a high
profile petition to full council on September 16th 2016. I understand
that under the act, I should be entitled to a response within 20
working days. I would be grateful if you could confirm that you have
received this request. I look forward to hearing from you in the near
future via the what do they know website address.

 

Since June 8^th 2016 the issue of wildfowl on Stubbers Green Road was
discussed at full council, a copy of the minutes of this meeting can be
found on our website or via [1]THIS link. Since full Council there have
been no further meetings regarding this

 

Most of the information that we provide in response to Freedom of
Information Act 2000 and Environmental Information Regulations 2004
requests will be subject to copyright protection.  In most cases the
copyright will be owned by Walsall Council. The copyright in respect of
other information may be owned by another person or organisation, as
indicated.

 

You are free to use any information supplied to you in response to this
request for your own non-commercial research or private study purposes.
The information may also be used for any other purpose allowed 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, will
require the permission of the copyright owner.

 

I hope that the information provided is useful to you. However, if you are
dissatisfied, you should set out in writing your grounds for complaint and
send to: Information Risk & Governance Manager, Business Change, Civic
Centre, Darwall Street, Walsall, WS1 1TP.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner’s Office (ICO) for a decision.
Please remember that, generally, the ICO cannot make a decision unless you
have first exhausted the complaints procedure provided by the council. The
Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Again I would like to offer my apologies for any inconvenience the delay
to your request may have caused you

 

Yours sincerely

 

Laurie Andrews

 

 

Laurie Andrews

Information Rights Officer

Information Governance Team, Change and Governance, Walsall Council, Civic
Centre, 3rd Floor (HR Suite), Darwall Street, Walsall WS1 1TP

Tel: 01922  65 5978

Fax: 01922  614210

* [2][email address] [3]/[Walsall Council request email]

 

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References

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Dear Walsall 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 Walsall Metropolitan Borough Council's handling of my FOI request 'Stubbers Green wildfowl road death casualties- meetings etc'.

In reference to the delayed reply received today Freedom of Information Request RFI0647/17 I am still requesting an internal review of this request as this response does not answer the question I asked fully, and was also delayed.
For the benefit of doubt I asked
" I am requesting minutes/file notes of any meetings that you hold regarding discussions for solutions in relation to birds being killed crossing Stubbers Green Road Aldridge since June 8th 2016.
I exclude from this the response to the presentation submission of a high profile petition to full council on September 16th 2016. "
In this I include ALL officer interaction with members of the public and other bodies in respect of this issue, which if necessary could be redacted for personal information. If you hold no information of any such meetings or if none have taken place, can you please state that this is the case.

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,

Mr Carroll

InformationRights, Walsall Metropolitan Borough Council

Dear Mr Carroll

Request for Internal Review / complaint

Thank you for your correspondence received by us on 02 August 2017.

In accordance with provisions within Freedom of Information Act 2000 and the Environmental Information Regulations, the council will review the handling of your request and provide you with a response within 20 working days or 40 working days if the case is particularly complex.

In the meantime, if you need to contact me about your request, please do so quoting the above reference number and using the contact details below.

Yours sincerely

James  N A Sparrock
Lead Assurance Officer (Information Rights and Complaints)
Walsall Council
3rd Floor (HR Suite),
Civic Centre,
Darwall Street,
Walsall,
WS1 1DG

[email address]
web site: walsall.gov.uk

Tel: 01922  65 0950

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE RESPECT THAT AND DO NOT FORWARD IT TO ANYONE ELSE WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR. The information in this message should be regarded as confidential and is intended for the addressee only unless explicitly stated.  If you have received this message in error it must be deleted and the sender notified.  The views expressed in this message are personal and not necessarily those of Walsall MBC unless explicitly stated.  E-mails sent or received from Walsall MBC may be intercepted and read by the Council.  Interception will only occur to ensure compliance with Council policies or procedures or regulatory obligations, to prevent or deter crime, or for the purposes of essential maintenance or support of the e-mail system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties.

E-mail Security: Communication by internet email is not secure as messages can be intercepted and read by someone else. Therefore we strongly advise you not to email any information, which if disclosed to unrelated third parties would be likely to cause you distress. If you have an enquiry of this nature please provide a postal address to allow us to communicate with you in a more secure way. If you want us to respond by email you must realise that there can be no guarantee of privacy.

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Dear InformationRights,

Ref Freedom of Information Request RFI0647/17

I will give you one week further week to respond to this internal review before taking this to the ICO.

Yours sincerely,

Mr Carroll

Mr Carroll left an annotation ()

ICO give Walsall council 20 working days to conduct internal review for this request. They have had months already!

Mr Carroll left an annotation ()

Walsall council ignorant of the ICO letter giving them 20 working days to conduct internal review- just as they are of birds being run over at their abysmally managed "nature reserve" site. Back to ICO to complain.

InformationRights, Walsall Metropolitan Borough Council

Mr Carroll

Dear Mr Carroll,

Freedom of Information Request RFI0647/17

Please accept my sincerest apologies for the delay in responding to your request for an appeal of the handling of you Freedom of Information Request – number RFI0647/17.

You had requested an appeal on two grounds:

1) that the response provided to you was done so after the conclusion of the 20 working day period in which FOI requests should be responded.

2) you did not feel that the information provided addressed/answered the question you had asked fully.

Each of these elements of your appeal have been considered, and I provide below details of this consideration and a response.

1 – Information provided after conclusion of the 20 working day period.
Chronology
29th May 2017 - The initial response was received on Monday 29th May 2017, having been sent to us on the preceding Saturday evening.

30th May 2017 – the request is acknowledged and you are informed that we will respond within 20 working days. This means a response is due to be issued on 27th June 2017.

2nd August 2017 – a response is issued to you

Whilst this response did apologise for the delay in responding to you, I note on reviewing our case file that it appears that at no stage was a ‘delay notification’ issued to you. Also, I note that the response you received offered no explanation for the delay.

I have discussed this with the officer who initially responded to your request who has apologised for the delay caused, and for the lack of correspondence.

On reviewing the case it appears that your request was received at a time when the Assurance Team (who responds to requests) was undergoing a number of changes. This mean that the service was not at full capacity and was dealing with a large number of requests for information made under the Freedom of Information Act, Environmental Information Regulation, and Data Protection Act with limited staff.
This pressure meant that unfortunately some requests were not responded to on time, and standard good practice (such as issuing a delay notification) was missed in some instances.
This is in no way intended as an excuse, and is simply offered by way of an explanation.

Having considered these facts, I can confirm that the element of your complaint that the response was not issued in a timely fashion and outside of statutory timeframe is fully upheld.

Walsall Council endeavours to respond to all requests for information as soon as possible, and within statutory deadlines, and to communicate with requestors to advise where this may not be possible.
I am extremely sorry that in this instance we have failed to meet this obligation, and for any inconvenience it may have caused you.

1 – The response provided did not fully address the question asked.

2nd August 2017 – a response is issued to you stating that:
Since June 8th 2016 the issue of wildfowl on Stubbers Green Road was discussed at full council, a copy of the minutes of this meeting can be found on our website or via THIS link. Since full Council there have been no further meetings regarding this

I agree that this response is somewhat ambiguous and could certainly have been clearer.
However, despite this it does state that the issue was discussed at full council, and that there had been no further meetings regarding the issue in question.

Having considered these facts, I can confirm that the element of your complaint that the response did not answer your question is partially upheld.

I agree that the response could have been phrased in a way that made the information much clearer, and I have discussed this with the responding officer who also agreed with this finding.

As such please see below a reworded response to your original request.

Having forwarded the content of your request to the relevant departments and services within the council, I have been informed that there have been no meetings held regarding discussions for solutions in relation to birds being killed crossing stubbers Green since June 8th 2016 – other than its discussion at full council on 16th September 2016.
As such there are no minutes, notes held by the council.
Therefore this request is exempt from response under the provisions of the Freedom of Information Act, under Schedule 1 of the Act – This states the council does not have to provide the requested information , where it is not actually held/does not exist.

I can confirm that the issue of clarity in responses has been raised with all officers who respond to FOI requests and its importance stressed.
I can confirm staff have also been advised to seek the assistance of a senior team member should they be issuing a response and are unclear of the content.
It is hoped that these measures will prevent a similar occurrence to your request.

I hope this information is still of use to you. Please note that the information given in this response is as at the date of your request. If you do have any queries or additional questions regarding the information that has been provided please do not hesitate to contact me direct on the details at the bottom of this email.

Most of the information that we provide in response to Freedom of Information Act 2000 and Environmental Information Regulations 2004 requests will be subject to copyright protection. In most cases the copyright will be owned by Walsall Council. The copyright in respect of other information may be owned by another person or organisation, as indicated.

You are free to use any information supplied to you in response to this request for your own non-commercial research or private study purposes. The information may also be used for any other purpose allowed 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, will require the permission of the copyright owner.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner’s Office (ICO) for a decision, having exhausted the complaints procedure provided by the council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Again I would like to offer my personal and sincere apologies for any inconvenience the handling of your initial response, and also the delay you experienced in receiving a response to your request for an appeal may have caused you

Yours sincerely

James  N A Sparrock
Lead Assurance Officer (Information Rights and Complaints)
Walsall Council
3rd Floor (HR Suite),
Civic Centre,
Darwall Street,
Walsall,
WS1 1DG

[email address]
web site: walsall.gov.uk

Tel: 01922  65 0950

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE RESPECT THAT AND DO NOT FORWARD IT TO ANYONE ELSE WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR. The information in this message should be regarded as confidential and is intended for the addressee only unless explicitly stated.  If you have received this message in error it must be deleted and the sender notified.  The views expressed in this message are personal and not necessarily those of Walsall MBC unless explicitly stated.  E-mails sent or received from Walsall MBC may be intercepted and read by the Council.  Interception will only occur to ensure compliance with Council policies or procedures or regulatory obligations, to prevent or deter crime, or for the purposes of essential maintenance or support of the e-mail system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties.

E-mail Security: Communication by internet email is not secure as messages can be intercepted and read by someone else. Therefore we strongly advise you not to email any information, which if disclosed to unrelated third parties would be likely to cause you distress. If you have an enquiry of this nature please provide a postal address to allow us to communicate with you in a more secure way. If you want us to respond by email you must realise that there can be no guarantee of privacy.

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