Subject: FOI/EIR Request Regarding Claim of Turret Collapse at the Market Tavern on 10 January
Dear Sheffield City Council,
I am writing under the EIR/FOI to request information that pertains specifically to the claim made by Sheffield City Council regarding the Market Tavern.
In Response to the press the council stated:
After presenting them with the footage we'd obtained, a spokesperson for Sheffield City Council told Now Then:
"Our initial belief was that the top turret on the building had collapsed under its own weight on the morning of 10 January."
1. Evidence Supporting the Initial Belief:
• Please provide any and all recorded information that supported the council’s initial belief regarding the spontaneous collapse of the turret on the morning of 10 January.
2. When the council formed this initial Belief:
• Please provide records when the collapse was first observed or reported to the council by:
2.A) Contractors, Council Staff or any person working on behalf of or in relation to the council on the Market Tavern project.
2.B) Members of the public, community orgs or other parties not related to the council.
Yours faithfully,
Marcus
Dear Marcus Combie,
Thank you for your request for information relating to Market Tavern which
we received on 07/06/2024.
As your request is a request for information relating to the environment,
this has been logged as a request under the Environmental Information
Regulations 2004 (EIR) and will be dealt with under the Regulations. The
reference number for your request can be found above.
The Environmental Information Regulations 2004 state that we must respond
to you within 20 working days, by 06/03/2024. Please do not hesitate to
contact us at the email address below if you have any queries.
Yours sincerely,
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [1][Sheffield City Council request email]
This Email, and any attachments, may contain non-public information and is
intended solely for the individual(s) to whom it is addressed. It may
contain sensitive or protectively marked material and should be handled
accordingly. If this Email has been misdirected, please notify the author
immediately. If you are not the intended recipient you must not disclose,
distribute, copy, print or rely on any of the information contained in it
or attached, and all copies must be deleted immediately. Whilst we take
reasonable steps to try to identify any software viruses, any attachments
to this Email may nevertheless contain viruses which our anti-virus
software has failed to identify. You should therefore carry out your own
anti-virus checks before opening any documents. Sheffield City Council
will not accept any liability for damage caused by computer viruses
emanating from any attachment or other document supplied with this e-mail
References
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1. mailto:[Sheffield City Council request email]
Dear Marcus Combie,
Thank you for your request for information relating to Market Tavern which
we received on 07/06/2024.
Please find Sheffield City Council’s response to your request set out
below:
Sheffield City Council believes that the information you have requested is
exempt from disclosure under Regulation 12(5)(d) of the Environmental
Information Regulations 2004 (EIR).
Regulation 12(5)(d) EIR provides that a public authority may refuse to
disclose information to the extent that its disclosure would adversely
affect the confidentiality of the proceedings of that public authority
where such confidentiality is provided by law.
On 6^th February, the council released a press statement regarding the
demolition of the Market Tavern, which can be read here: [1]Update on
demolition works on the Market Tavern (sheffnews.com). Subsequently, the
council began an internal investigation into the circumstances of this
incident. This investigation constitutes a ‘proceeding’ for the purposes
of Regulation 12(5)(d).
It is also necessary to establish that the confidentiality of the
proceedings in question is protected by law. In this case, the information
is subject to the common law duty of confidence. This is because the
information is not of a trivial nature, is not already in the public
domain, and was communicated in circumstances importing an obligation of
confidence.
Disclosure would have an adverse effect on the confidentiality of the
investigation as it would damage the general principle of confidentiality
itself and result in harm to the interest the exception is designed to
protect. Disclosing the specific information requested in this case would
prejudice the investigation which requires confidentiality to be able to
collate evidence and interview relevant staff and contractors. It is the
intention of the council to publish the outcome of this investigation. We
do not have a date for when this will be done at this time.
Regulation 12(5)(d) is subject to a public interest test. Factors in
favour of disclosure are that disclosure promotes openness and
transparency.
Factors in favour of maintaining the exception are that there is a public
interest in ensuring the due diligence of the investigation. It would be
unfair to disclose information which is subject to an active investigation
where the sequence of events is being established and the actions of
various parties are being understood.
On balance, the Council believes that the public interest lies in favour
of maintaining the exception.
If you have any queries about this response, please do not hesitate to
contact us.
The information provided in this response is available for re-use under
the terms of the Open Government Licence v3.0. The terms of the OGL can be
found [2]here. When re-using the information, Sheffield City Council
requires you to include the following attribution statement: “Contains
public sector information obtained from Sheffield City Council and
licensed under the Open Government Licence v3.0.”
If you are unhappy with the response you have received in relation to your
request, you are entitled to have this reviewed. You can ask for an
internal review by replying to this email. Internal review requests should
be submitted within 40 working days from the date of this response.
If you remain dissatisfied with the outcome of your internal review, you
can contact the Information Commissioner’s Office. Please see
[3]https://ico.org.uk/make-a-complaint/offi...
for further details.
Kind Regards,
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [4][Sheffield City Council request email]
From: FOI
Sent: Friday, February 9, 2024 10:36 AM
To: Marcus Combie <[FOI #1081865 email]>
Subject: Re – Environmental Information Regulations Request – Reference –
EIR / 1038892
Dear Marcus Combie,
Thank you for your request for information relating to Market Tavern which
we received on 07/06/2024.
As your request is a request for information relating to the environment,
this has been logged as a request under the Environmental Information
Regulations 2004 (EIR) and will be dealt with under the Regulations. The
reference number for your request can be found above.
The Environmental Information Regulations 2004 state that we must respond
to you within 20 working days, by 06/03/2024. Please do not hesitate to
contact us at the email address below if you have any queries.
Yours sincerely,
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [5][Sheffield City Council request email]
This Email, and any attachments, may contain non-public information and is
intended solely for the individual(s) to whom it is addressed. It may
contain sensitive or protectively marked material and should be handled
accordingly. If this Email has been misdirected, please notify the author
immediately. If you are not the intended recipient you must not disclose,
distribute, copy, print or rely on any of the information contained in it
or attached, and all copies must be deleted immediately. Whilst we take
reasonable steps to try to identify any software viruses, any attachments
to this Email may nevertheless contain viruses which our anti-virus
software has failed to identify. You should therefore carry out your own
anti-virus checks before opening any documents. Sheffield City Council
will not accept any liability for damage caused by computer viruses
emanating from any attachment or other document supplied with this e-mail
References
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1. https://sheffnews.com/news/update-on-dem...
2. http://www.nationalarchives.gov.uk/doc/o...
3. https://ico.org.uk/make-a-complaint/offi...
4. mailto:[Sheffield City Council request email]
5. mailto:[Sheffield City Council request email]
Hi Team,
Think we both knew this was coming. Sorry for how lengthy it is provide more context for when this ends up with the ICO.
I am writing to formally request an internal review of the decision made in response to my FOI/EIR request dated 07/06/2024, concerning the Market Tavern on Exchange Street. This request specifically challenges the council’s application of Regulation 12(5)(d) of the Environmental Information Regulations 2004, asserting that disclosure would adversely affect the confidentiality of proceedings.
The necessity of this review is underscored by several critical considerations:
1. Public Interest and Transparency: There is a significant discrepancy between public statements and observable evidence surrounding the demolition process. The substantial public interest in this matter, given the historical and cultural significance of the Market Tavern, necessitates a thorough reassessment of the balance of public interest in favor of disclosure.
2. Investigation of Indeterminate Length: Withholding information based on an ongoing investigation without a clear end date challenges the principles of transparency. The Information Commissioner’s Office (ICO) has underscored the importance of a genuine balancing of interests. An indefinite investigation timeframe cannot justify the prolonged withholding of information critical to public understanding and trust.
3. Lowcock Report Principles: The situation calls to mind the principles highlighted by Sir Mark Lowcock regarding transparency and honesty in the council’s communications. The need for public authorities to provide accurate, truthful information, avoiding statements that could be misleading or dishonest, is paramount. This principle is directly relevant to the council’s handling of the Market Tavern demolition.
4. Accuracy and Completeness of Information Provided: Emerging evidence and contradictions in the timeline and rationale for the demolition raise concerns about the accuracy and completeness of information provided by the council. There is a pressing need for a detailed review of the information withheld and the reasons provided, ensuring compliance with EIR exceptions.
In light of the above, I respectfully request that Sheffield City Council conducts a detailed internal review of the decision to apply Regulation 12(5)(d), particularly considering the ICO’s guidance on indefinite investigations and the substantial public interest in the circumstances surrounding the Market Tavern’s demolition.
The principles of transparency, accountability, and public trust are of utmost importance, especially in matters involving significant cultural heritage and the use of public resources. I look forward to a response that embodies these principles, reflecting a commitment to openness and honesty in serving the community’s best interests.
Thank you for your attention to this matter. I anticipate a resolution that fosters trust and confidence in the council’s dedication to transparency and accountability.
Yours sincerely,
Marcus Combie
Dear Marcus Combie,
Thank you for your recent request for an internal review relating to
Market Tavern which we received on 09/03/2024. We are sorry to hear that
you are not happy with your response.
This has now been logged and will be carried out by a member of the team.
The Freedom of Information Code of Practice states that we should aim to
your request for internal review within 20 working days, by 10/04/2024.
Please do not hesitate to contact us at the email address below if you
have any queries.
Please note that the Code of Practice does allow us to extend this
deadline by an additional 20 days in some situations. If we need more time
to complete the internal review, we will contact you to inform you of
this.
If you have any queries in the meantime, please contact us at the email
address below.
Yours sincerely,
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [1][Sheffield City Council request email]
This Email, and any attachments, may contain non-public information and is
intended solely for the individual(s) to whom it is addressed. It may
contain sensitive or protectively marked material and should be handled
accordingly. If this Email has been misdirected, please notify the author
immediately. If you are not the intended recipient you must not disclose,
distribute, copy, print or rely on any of the information contained in it
or attached, and all copies must be deleted immediately. Whilst we take
reasonable steps to try to identify any software viruses, any attachments
to this Email may nevertheless contain viruses which our anti-virus
software has failed to identify. You should therefore carry out your own
anti-virus checks before opening any documents. Sheffield City Council
will not accept any liability for damage caused by computer viruses
emanating from any attachment or other document supplied with this e-mail
References
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1. mailto:[Sheffield City Council request email]
Dear FOI,
The investigation is complete.
Please release documents.
Yours sincerely,
Marcus Combie
Dear Marcus Combie,
Thank you for your request for information relating to Records relating to
the collapse of the Market Tavern which we received on 12/07/2024.
As your request is a request for information relating to the environment,
this has been logged as a request under the Environmental Information
Regulations 2004 (EIR) and will be dealt with under the Regulations. The
reference number for your request can be found above.
The Environmental Information Regulations 2004 state that we must respond
to you within 20 working days, by 12/08/2024. Please do not hesitate to
contact us at the email address below if you have any queries.
Yours sincerely,
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [1][Sheffield City Council request email]
This Email, and any attachments, may contain non-public information and is
intended solely for the individual(s) to whom it is addressed. It may
contain sensitive or protectively marked material and should be handled
accordingly. If this Email has been misdirected, please notify the author
immediately. If you are not the intended recipient you must not disclose,
distribute, copy, print or rely on any of the information contained in it
or attached, and all copies must be deleted immediately. Whilst we take
reasonable steps to try to identify any software viruses, any attachments
to this Email may nevertheless contain viruses which our anti-virus
software has failed to identify. You should therefore carry out your own
anti-virus checks before opening any documents. Sheffield City Council
will not accept any liability for damage caused by computer viruses
emanating from any attachment or other document supplied with this e-mail
References
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1. mailto:[Sheffield City Council request email]
Dear Marcus Combie,
I am writing in relation to EIR 1224573 to apologise that we will not be
able to provide a response to your request within the initial timescale
set out in our email of 24/07/2024.
Regulation 7(1) of The Environmental Information Regulations 2004 (EIR)
enables an authority to extend the 20-working day limit up to 40 working
days if it reasonably believes that the complexity and volume of the
information requested means that it is impracticable either to comply with
the request within the earlier period or to make a decision to refuse to
do so.
In this case, we do reasonably believe that the volume and complexity of
the request makes it impracticable to comply within the 20-working day
limit, and consequently we are extending the deadline by an additional 20
days until 09/09/2024.
Yours sincerely,
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [1][Sheffield City Council request email]
From: FOI
Sent: Wednesday, July 24, 2024 4:41 PM
To: Marcus Combie <[FOI #1081865 email]>
Subject: Re – Environmental Information Regulations Request – Reference –
EIR / 1224573
Dear Marcus Combie,
Thank you for your request for information relating to Records relating to
the collapse of the Market Tavern which we received on 12/07/2024.
As your request is a request for information relating to the environment,
this has been logged as a request under the Environmental Information
Regulations 2004 (EIR) and will be dealt with under the Regulations. The
reference number for your request can be found above.
The Environmental Information Regulations 2004 state that we must respond
to you within 20 working days, by 12/08/2024. Please do not hesitate to
contact us at the email address below if you have any queries.
Yours sincerely,
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [2][Sheffield City Council request email]
This Email, and any attachments, may contain non-public information and is
intended solely for the individual(s) to whom it is addressed. It may
contain sensitive or protectively marked material and should be handled
accordingly. If this Email has been misdirected, please notify the author
immediately. If you are not the intended recipient you must not disclose,
distribute, copy, print or rely on any of the information contained in it
or attached, and all copies must be deleted immediately. Whilst we take
reasonable steps to try to identify any software viruses, any attachments
to this Email may nevertheless contain viruses which our anti-virus
software has failed to identify. You should therefore carry out your own
anti-virus checks before opening any documents. Sheffield City Council
will not accept any liability for damage caused by computer viruses
emanating from any attachment or other document supplied with this e-mail
References
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1. mailto:[Sheffield City Council request email]
2. mailto:[Sheffield City Council request email]
Dear FOI,
Can I have the response please.
There has been numerous articles in the press lately about Market Tavern.
Hallamshire Historic Buildings have put out another statement.
“ the council commissioned an independent enquiry, but then decided not to publish the report from this enquiry. Instead, after months of delay, we were given an an “executive summary” which managed to not explain how the building came to be demolished, owned up to communication errors, stated that the building needed to be demolished anyway (this report was by an HR firm..) , and hinted that HHB were somehow to blame for meeting a deadline with only a few minutes to spare. “
https://www.hhbs.org.uk/2024/08/29/tragi...
There are still many unanswered questions .
Please provide the response today.
Yours sincerely,
Marcus Combie
Dear Mr Combie
We apologise for missing the extended deadline of 9 September 2024 for
your request relating to the Market Tavern. This has been due to the
annual leave cycle during the summer. We will complete it as soon as
possible.
Thank you for your patience.
Kind regards
Yours sincerely,
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [1][Sheffield City Council request email]
This Email, and any attachments, may contain non-public information and is
intended solely for the individual(s) to whom it is addressed. It may
contain sensitive or protectively marked material and should be handled
accordingly. If this Email has been misdirected, please notify the author
immediately. If you are not the intended recipient you must not disclose,
distribute, copy, print or rely on any of the information contained in it
or attached, and all copies must be deleted immediately. Whilst we take
reasonable steps to try to identify any software viruses, any attachments
to this Email may nevertheless contain viruses which our anti-virus
software has failed to identify. You should therefore carry out your own
anti-virus checks before opening any documents. Sheffield City Council
will not accept any liability for damage caused by computer viruses
emanating from any attachment or other document supplied with this e-mail
References
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1. mailto:[sheffield%20city%20council%20request%20email]
Dear FOI,
You surely knew about the annual leave when you extended the deadline.
As soon as possible doesn’t fill me by confidence.
Please give a date this will be complete by the end of the week or I’ll ask the ICO review your handling of this request.
Yours sincerely,
Marcus Combie
Dear Marcus Combie
We aim to complete our response to your request on 30 September 2024.
Thank you for your patience.
Kind regards
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [1][Sheffield City Council request email]
This Email, and any attachments, may contain non-public information and is
intended solely for the individual(s) to whom it is addressed. It may
contain sensitive or protectively marked material and should be handled
accordingly. If this Email has been misdirected, please notify the author
immediately. If you are not the intended recipient you must not disclose,
distribute, copy, print or rely on any of the information contained in it
or attached, and all copies must be deleted immediately. Whilst we take
reasonable steps to try to identify any software viruses, any attachments
to this Email may nevertheless contain viruses which our anti-virus
software has failed to identify. You should therefore carry out your own
anti-virus checks before opening any documents. Sheffield City Council
will not accept any liability for damage caused by computer viruses
emanating from any attachment or other document supplied with this e-mail
References
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1. mailto:[sheffield%20city%20council%20request%20email]
Dear FOI,
I believe you were aiming for a response today.
When will it be available?
Yours sincerely,
Marcus Combie
Dear Marcus Combie
Thanks for your email of 1 October 2024.
We apologise for not meeting our deadline of 30 September 2024. We have
downloaded 1.75GB of data, which we believe to be in scope. We expect to
take a fortnight to do this making our new target date for disclosure 14
October 2024.
Thank you for your patience.
Kind regards
Sheffield City Council
PO Box 1283
Sheffield, S1 1UJ
Email: [1][Sheffield City Council request email]
This Email, and any attachments, may contain non-public information and is
intended solely for the individual(s) to whom it is addressed. It may
contain sensitive or protectively marked material and should be handled
accordingly. If this Email has been misdirected, please notify the author
immediately. If you are not the intended recipient you must not disclose,
distribute, copy, print or rely on any of the information contained in it
or attached, and all copies must be deleted immediately. Whilst we take
reasonable steps to try to identify any software viruses, any attachments
to this Email may nevertheless contain viruses which our anti-virus
software has failed to identify. You should therefore carry out your own
anti-virus checks before opening any documents. Sheffield City Council
will not accept any liability for damage caused by computer viruses
emanating from any attachment or other document supplied with this e-mail
References
Visible links
1. mailto:[sheffield%20city%20council%20request%20email]
Dear FOI,
I’m slightly confused by the sound this update, have you only just downloaded this information?
And you had not downloaded it on 6 March 2024 when you applied exemptions to my request to withhold the information.
Can you confirm that a search for information did take place, and also that you had it on hand when applying exemptions in your 6 March 2024 Response.
Yours sincerely,
Marcus Combie
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