Thames Path PSPO
Dear LBHF,
This is a request under Section 1(1)(b) of the Freedom of Information Act 2000 (FOIA).
I am referring to the Decision to introduce a Public Spaces Protection Order (PSPO) relating to the prohibition of e-bikes, e-scooters and other electronic vehicles along the Thames Path, aka the “Thames Path PSPO”.
Please release any documents which are responsive to the following queries. FOIA section 12 provides, inter alia, that a public authority is not obliged to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit, presently £600. If, for the following questions, compliance would breach the £600 cap, please disclose whatever information is available up to that cap. Please note that in certain cases statutory obligations may supersede S12 FOIA and require the Council to disclose documents and/or information responsive to the following requests regardless of the cost.
Please disclose the following:
1. Whether LBHF has sought or received external legal advice on the legality of the Thames Path PSPO in its entirety
2. Whether LBHF has sought or received external legal advice on the legality of banning electrically assisted pedal cycles (EAPCs) specifically as part of the order
3. The legal basis upon which LBHF has included EAPCs as part of the Thames Path PSPO but not pedal cycles
4. Copies of all legal advice that LBHF has received in relation to the Thames Path PSPO including from its internal legal team or from external legal sources
5. All internal discussion notes, emails, letters, reports, council meeting minutes or other documents relating to, or in any way connected with, the Thames Path PSPO.
Yours faithfully,
Conor
Information request
Our reference: 9131281
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Dear Mr Campbell
Freedom of Information Act 2000
Thank you for your request for information that was received on 10 July
2023.
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 7 August 2023.
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
Yours sincerely
Paul Johnson
Investigation and Information Officer
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Information request
Our reference: 9131281
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Dear Mr Campbell
Freedom of Information Act 2000
Thank you for your request received on 10 July 2023 concerning 1. Whether
LBHF has sought or received external legal advice on the legality of the
Thames Path PSPO in its entirety
2. Whether LBHF has sought or received external legal advice on the
legality of banning electrically assisted pedal cycles (EAPCs)
specifically as part of the order
3. The legal basis upon which LBHF has included EAPCs as part of the
Thames Path PSPO but not pedal cycles
4. Copies of all legal advice that LBHF has received in relation to the
Thames Path PSPO including from its internal legal team or from external
legal sources
5. All internal discussion notes, emails, letters, reports, council
meeting minutes or other documents relating to, or in any way connected
with, the Thames Path PSPO..
We are now considering the request but we need more time to process it.
This is because we are considering a public interest test in connection
with the information you have requested. We will now try to respond to you
by 5 September 2023.
Please quote the reference number 9131281 in any future communications.
If you aren't happy with the council's response, please contact H&F within
40 working days of us sending you our response, with details of why you're
unhappy.
You can do this by:
• visiting H&F's website:
[1]https://www.lbhf.gov.uk/councillors-and-...
• emailing [2][Hammersmith and Fulham Borough Council request email]
• writing to the Resident Experience team, Hammersmith Town Hall, King
Street, London, W6 9JU
Your concerns will be passed to H&F's Information Management Team to
consider as an internal review. There's no charge for requesting an
internal review.
If you are still dissatisfied with the Council's response after the
internal review you have a right of appeal to the Information Commissioner
by:
• Writing to the Information Commissioner's Office (ICO), Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• Calling their helpline: 0303 123 1113
• Visiting the ICO's website [3]www.ico.org.uk/concerns/
The ICO are the UK's independent authority set up to uphold information
rights in the public interest.
Yours sincerely
Paul Johnson
Investigation and Information Officer
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Information request
Our reference: 9131281
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Dear Mr Campbell
Thank you for your request for information received on 10 July 2023.
Please find attached our response to your request.
Yours sincerely
Paul Johnson
Investigation and Information Officer
020 8753 5818
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Dear Hammersmith and Fulham Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Hammersmith and Fulham Borough Council's handling of my FOI request 'Thames Path PSPO'.
I wish to do so on the following four bases.
BASIS 1: The public interest test did not consider all relevant factors in favour of disclosure
- In favour of disclosure, you have considered only these factors: "Disclosure would uphold the openness and transparency the local authority aspires to" & "Disclosure might inform public debate".
- However you did not consider the single most important factor in favour of disclosure: "Suspicion of wrongdoing".
- There is strong evidence of unlawfulness and maladministration in the manner in which the Council has formulated, consulted on, and recommended to pass the Thames Path PSPO. Specifically:
1. The public consultation relied upon by the PSPO was biased and flawed, in that it was worded to confirm a set position which the Council had already decided upon: the consultation included multiple leading questions which were phrased to assume that respondents already agreed with the Council's position, and provided no means for those who disagreed with the Council's position to effectively object.
2. The Council ignored advice given to it by the Metropolitan Police Superintendent for Hammersmith & Fulham, Craig Knight. Superintendent Knight has explicitly stated that "I have previously made the local authority aware of what constitutes a motor vehicle, or in the law a motor cycle in this case. They are aware of the power requirements and have taken this into account." The Council, however, ignored this advice in its entirity by classifying EAPCs (legally considered to be pedal cycles) as motor vehicles.
3. The Council carried out no effective internal legal review of the PSPO prior to passing it. The legal review included in the PSPO decision was copied and pasted, word for word, from a prior PSPO ("Decision to introduce a Public Spaces Protection Order relating to responsible dog ownership").
- Therefore, based on the above factors, there is plausible basis for a suspicion of unlawfulness and maladministration by the Council, and the information requested may shed light on this which is manifestly in the public interest.
- As per ICO guidance, only plausible basis for suspicion is required, even if it is not actually proven: https://ico.org.uk/for-organisations/foi...
BASIS 2: The public interest test defined a factor as being in favour of withholding when it is actually in favour of disclosure
- One of the factors used in favour of withholding is "The request is in relation to current events and the protection of people's right to safely use a public space."
- This factor is manifestly not a rationale for withholding - the entire reason I have made the FOI request is that a) the Council is proposing to extinguish the rights of EAPC users to use a public space and b) the Council has just made the decision (i.e. by definition it's a current event)
- Understanding the Council's legal basis for extinguishing the rights of some people to use a public space is clearly supportive of the public interest of releasing the information that I have requested.
- "Current events" is not a basis for withholding - it is unavoidable in the context of the Council recently making this decision.
BASIS 3: The public interest test only justifies not providing external, independent legal advice
- The factors provided by the Council in favour of withholding the information only relate to external, independent legal advice. No rationale nor exemption basis has been provided for not providing copies of internal legal advice by the Council's internal legal team.
- My request contains 5 sub-parts. The first 2 sub-parts relate exclusively to external legal advice, while sub-parts 3 & 4 relate to both internal and external legal advice.
- Therefore, sub-parts 3 & 4 can still be fulfilled insofar as they relate to internal legal advice only, even if you reject bases 1 & 2 above.
BASIS 4: Section 42 (Legal professional privilege) subsection 1 only applies to part of the request
- My request contains 5 sub-parts. Only the first 4 sub-parts related to legal advice, and therefore section 42 (Legal professional privilege) subsection 1 only applies to these 4 sub-parts.
- The 5th sub-part can still be provided with any legal advice excluded: "All internal discussion notes, emails, letters, reports, council meeting minutes or other documents relating to, or in any way connected with, the Thames Path PSPO".
- Therefore, even if you reject bases 1, 2, and 3 above, sub-part 5 of my request can still be fulfilled and you have provided no justification nor exemption basis for not doing so.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...
Yours faithfully,
Mr Campbell
Internal review request
Our reference: 9131281
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Dear Mr Campbell
Thank you for your request for an internal review received on 8 August
2023, we're sorry for the delay in acknowledging your request.
We're sorry that you are dissatisfied with our attempts to handle your
request for information under the Freedom of Information Act 2000.
Your internal review request has been passed to the Information Management
Team (IMT) to investigate. IMT is the central team within H&F that
processes internal reviews of FOIA/EIR requests.
We aim to respond to all IRs within 20-40 working days. Due to absences
within the Information Management Team we will need the full 40 working
days to respond to your request and we therefore plan to respond to your
IR by 04 October 2023. If we are able to respond sooner that this date we
will do so.
We'll contact you if we need more information.
Please include 9131281 on all correspondence about this request.
Yours sincerely
Anthea Ferguson
Information Manager
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Information request
Our reference: 9131281
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Dear Mr Campbell,
Your internal review request is currently being processed; however, we may
not be able to respond within the statutory timeframe - 4th October.
Though we will still aim to provide you with the outcome of our review by
4th October, we wanted to make you aware of the possible delay and offer
our sincerest apologies for any inconvenience this may cause. Should we be
unable to respond within the statutory timeframe, we will contact you to
provide a new target date.
We are also writing to inform you that the Council has reconsidered its
position on the prohibitions for the Thames Path PSPO and, when
introduced, Electrically Assisted Pedal Cycles will be allowed.
This has no effect on your request for an internal review; however, please
do let us know should the information requested now be no longer relevant
or required, as this would save valuable public authority staff time.
Yours sincerely,
The Information Management Team
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Information request
Our reference: 9131281
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Dear Mr Campbell,
We are currently processing your request for an internal review on your
FOI request regarding Thames Path PSPO, which a response for was due
today.
As we are unable to respond within the statutory timeframe, our new target
date is 18th October. Apologies for any inconvenience this delay may have
caused. Please do let us know if your have any questions or concerns in
the meantime.
Yours sincerely,
The Information Management Team
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Information request
Our reference: 9131281
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Dear Mr Campbell,
We are currently processing your request for an internal review on your
FOI request regarding Thames Path PSPO, which we still aim to respond by
18th October.
We are writing to make you aware the decision has been published with the
amendment to include, Electrically Assisted Pedal Cycles. [1]Decision -
Decision to make minor and clarificatory amendments to the Thames Path
PSPO | LBHF
Yours sincerely,
The Information Management Team
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Information request
Our reference: 9131281
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Dear Mr Campbell,
Please find attached the final decision of this review. Due to the size of
files this is the first email that will be sent in relation to your
request.
If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner's Office for a
further decision. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
https://ico.org.uk/make-a-complaint
Helpline on 0303 123 1113
Yours sincerely
The Information Management Team
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Information request
Our reference: 9131281
══════════════════════════════════════════════════════════════════════════
Dear Mr Campbell
Freedom of Information Act 2000
This is the second email related to your internal review request (ref:
9131281).
Yours sincerely
The Information Management Team
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3. https://www.lbhf.gov.uk/newsupdates
4. https://www.getsafeonline.org/protecting...
Information request
Our reference: 9131281
══════════════════════════════════════════════════════════════════════════
Dear Mr Campbell
Freedom of Information Act 2000
This is the fourth email related to your internal review request.
Yours sincerely
The Information Management Team
NOTE: Please do not edit the subject line when replying to this email.
DISCLAIMER
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of the
London Borough of Hammersmith and Fulham.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. The London Borough
of Hammersmith and Fulham cannot accept responsibility for any loss or
damage arising from the use of this email or attachments.
[1]Struggling to pay your bills? We may be able to help. Click here for
cost-of-living crisis help and advice.
══════════════════════════════════════════════════════════════════════════
Do it online at [2]www.lbhf.gov.uk
To sign up for regular news updates, please go to
[3]www.lbhf.gov.uk/newsupdates
If you have received this email in error, please delete it and tell the
sender as soon as possible. You should not disclose the contents to any
other person or take copies.
All emails you send over the internet are not secure unless they have been
encrypted. For further details, please see
[4]www.getsafeonline.org/protecting-yourself
References
Visible links
1. https://www.lbhf.gov.uk/cost-living-cris...
2. https://www.lbhf.gov.uk/
3. https://www.lbhf.gov.uk/newsupdates
4. https://www.getsafeonline.org/protecting...
Information request
Our reference: 9131281
══════════════════════════════════════════════════════════════════════════
Dear Mr Campbell
Freedom of Information Act 2000
This is the fifth email related to your request.
Yours sincerely
The Information Management Team
NOTE: Please do not edit the subject line when replying to this email.
DISCLAIMER
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of the
London Borough of Hammersmith and Fulham.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. The London Borough
of Hammersmith and Fulham cannot accept responsibility for any loss or
damage arising from the use of this email or attachments.
[1]Struggling to pay your bills? We may be able to help. Click here for
cost-of-living crisis help and advice.
══════════════════════════════════════════════════════════════════════════
Do it online at [2]www.lbhf.gov.uk
To sign up for regular news updates, please go to
[3]www.lbhf.gov.uk/newsupdates
If you have received this email in error, please delete it and tell the
sender as soon as possible. You should not disclose the contents to any
other person or take copies.
All emails you send over the internet are not secure unless they have been
encrypted. For further details, please see
[4]www.getsafeonline.org/protecting-yourself
References
Visible links
1. https://www.lbhf.gov.uk/cost-living-cris...
2. https://www.lbhf.gov.uk/
3. https://www.lbhf.gov.uk/newsupdates
4. https://www.getsafeonline.org/protecting...
Information request
Our reference: 9131281
══════════════════════════════════════════════════════════════════════════
Dear Mr Campbell
Freedom of Information Act 2000
Please find a compressed file of the third email that failed to send due
to the file size being too large.
Yours sincerely
The Information Management Team
NOTE: Please do not edit the subject line when replying to this email.
DISCLAIMER
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of the
London Borough of Hammersmith and Fulham.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. The London Borough
of Hammersmith and Fulham cannot accept responsibility for any loss or
damage arising from the use of this email or attachments.
[1]Struggling to pay your bills? We may be able to help. Click here for
cost-of-living crisis help and advice.
══════════════════════════════════════════════════════════════════════════
Do it online at [2]www.lbhf.gov.uk
To sign up for regular news updates, please go to
[3]www.lbhf.gov.uk/newsupdates
If you have received this email in error, please delete it and tell the
sender as soon as possible. You should not disclose the contents to any
other person or take copies.
All emails you send over the internet are not secure unless they have been
encrypted. For further details, please see
[4]www.getsafeonline.org/protecting-yourself
References
Visible links
1. https://www.lbhf.gov.uk/cost-living-cris...
2. https://www.lbhf.gov.uk/
3. https://www.lbhf.gov.uk/newsupdates
4. https://www.getsafeonline.org/protecting...
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