The Bellhame Primary School Caretaker's House

Response to this request is long overdue. By law, under all circumstances, Southwark Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Southwark Borough Council,

The is a request under the Freedom of Information Act.

Please provide me with any correspondence, emails, documents, decision notes, minutes of meetings or other records related the The Caretaker's House at The Belham Primary School (165 Bellenden Road), in particular related to the sale of the building or other uses. I am interested in the period between 1st April 2019 and the present time.

Should you require any further information please do not hestiate to contact me.

I look forward to your timely response.

Yours faithfully,

Alex Brown

Payal Panchal, Southwark Borough Council

Southwark Council - Information request

Our reference: 2403656

show quoted sections

CEXaccessinfo, Southwark Borough Council

Dear Sir,

Re: Your request for information: Ref No. 2403656

Thank you for your request for information that was received on 14
December 2020, in which you requested:

The is a request under the Freedom of Information Act.

Please provide me with any correspondence, emails, documents, decision
notes, minutes of meetings or other records related the The Caretaker's
House at The Belham Primary School (165 Bellenden Road), in particular
related to the sale of the building or other uses. I am interested in the
period between 1st April 2019 and the present time.

 

The Freedom of Information Act obliges us to respond to requests promptly,
and in any case no later than 20 working days after receiving your
request.  However, when a qualified exemption applies to the information
and the public interest test is engaged, the Act allows the time for
response to be longer than 20 working days, and a full response must be
provided within such time as is reasonable in all circumstances of the
case.  We do, of course, aim to make all decisions within 20 working days,
including in cases where we need to consider where the public interest
lies in respect of a request for exempt information.  In this case,
however, we have not yet reached a decision on where the balance of the
public interest lies.

In your case we estimate that it will take an additional 7 working days
to take a decision on where the balance of the public interest lies. 
Therefore, we plan to let you have a response by 26 January 2021.  If it
appears that it will take longer than this to reach a conclusion, we will
keep you informed.

If you have any queries or concerns then please contact us using the above
details.

 

If you are unhappy with the service you have received in relation to your
request and wish to make an appeal for a review of our decision, you
should write to the Corporate Freedom of Information Manager at:

Corporate Freedom of Information Officer

The Governance Team (2^nd floor)

PO Box 64529
London

SE1P 5LX
Email: [1][Southwark Borough Council request email]

If you are not content with the outcome of your appeal, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact him within
2 months of the outcome of your internal appeal.

If you have any queries or concerns then please contact us using the above
details.

Further information is available through the Information Commissioner
at [2]www.ico.org.uk.

Yours faithfully,

 

Martyna Plewniak
Senior Information Officer
[email address]

 

 

 

 

[3][IMG]
The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this in error please notify us immediately.

If you are not the intended recipient of the email or the person
responsible for delivering it to them you may not copy it, forward it or
otherwise use it for any purpose or disclose its contents to any other
person. To do so may be unlawful.

Where opinions are expressed in the email they are not necessarily those
of Southwark Council and Southwark Council is not responsible for any
changes made to the message after it has been sent.

References

Visible links
1. mailto:[email address]
2. http://www.informationcommissioner.gov.uk/
3. https://www.nhs.uk/conditions/coronaviru...

CEXaccessinfo, Southwark Borough Council

Dear Sir,

Re: Your request for information: Ref No. 2403656

Thank you for your request for information that was received on 14
December 2020, in which you requested:

The is a request under the Freedom of Information Act.

Please provide me with any correspondence, emails, documents, decision
notes, minutes of meetings or other records related the The Caretaker's
House at The Belham Primary School (165 Bellenden Road), in particular
related to the sale of the building or other uses. I am interested in the
period between 1st April 2019 and the present time.

 

The Freedom of Information Act obliges us to respond to requests promptly,
and in any case no later than 20 working days after receiving your
request.  However, when a qualified exemption applies to the information
and the public interest test is engaged, the Act allows the time for
response to be longer than 20 working days, and a full response must be
provided within such time as is reasonable in all circumstances of the
case.  We do, of course, aim to make all decisions within 20 working days,
including in cases where we need to consider where the public interest
lies in respect of a request for exempt information.  In this case,
however, we have not yet reached a decision on where the balance of the
public interest lies.

In your case we estimate that it will take a further four working days to
take a decision on where the balance of the public interest lies. 
Therefore, we plan to let you have a response by 1 February 2021.  If it
appears that it will take longer than this to reach a conclusion, we will
keep you informed.

If you have any queries or concerns then please contact us using the above
details.

We apologise sincerely for the inconvenience it might have caused.

 

If you are unhappy with the service you have received in relation to your
request and wish to make an appeal for a review of our decision, you
should write to the Corporate Freedom of Information Manager at:

Corporate Freedom of Information Officer

The Governance Team (2^nd floor)

PO Box 64529
London

SE1P 5LX
Email: [1][Southwark Borough Council request email]

If you are not content with the outcome of your appeal, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact him within
2 months of the outcome of your internal appeal.

If you have any queries or concerns then please contact us using the above
details.

Further information is available through the Information Commissioner
at [2]www.ico.org.uk.

 

Yours faithfully,

 

Martyna Plewniak
Senior Information Officer
[3][email address]

 

 

 

 

[4][IMG]
The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this in error please notify us immediately.

If you are not the intended recipient of the email or the person
responsible for delivering it to them you may not copy it, forward it or
otherwise use it for any purpose or disclose its contents to any other
person. To do so may be unlawful.

Where opinions are expressed in the email they are not necessarily those
of Southwark Council and Southwark Council is not responsible for any
changes made to the message after it has been sent.

References

Visible links
1. mailto:[email address]
2. http://www.informationcommissioner.gov.uk/
3. mailto:[email address]
4. https://www.nhs.uk/conditions/coronaviru...

Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 2403656

show quoted sections

CEXaccessinfo, Southwark Borough Council

Dear Sir,

Re: Your request for information: Ref No. 2403656

Thank you for your request for information that was received on 14
December 2020, in which you requested:

The is a request under the Freedom of Information Act.
Please provide me with any correspondence, emails, documents, decision
notes, minutes of meetings or other records related the The Caretaker's
House at The Belham Primary School (165 Bellenden Road), in particular
related to the sale of the building or other uses. I am interested in the
period between 1st April 2019 and the present time.

The Freedom of Information Act obliges us to respond to requests promptly,
and in any case no later than 20 working days after receiving your
request.  However, when a qualified exemption applies to the information
and the public interest test is engaged, the Act allows the time for
response to be longer than 20 working days, and a full response must be
provided within such time as is reasonable in all circumstances of the
case.  We do, of course, aim to make all decisions within 20 working days,
including in cases where we need to consider where the public interest
lies in respect of a request for exempt information.  In this case,
however, we have not yet reached a decision on where the balance of the
public interest lies.

In your case we estimate that it will take an additional two working days
to take a decision on where the balance of the public interest lies. 
Therefore, we plan to let you have a response by 5 February 2021.  If it
appears that it will take longer than this to reach a conclusion, we will
keep you informed.

If you have any queries or concerns then please contact us using the above
details.

We apologise sincerely for the inconvenience it might have caused.

If you are unhappy with the service you have received in relation to your
request and wish to make an appeal for a review of our decision, you
should write to the Corporate Freedom of Information Manager at:

Corporate Freedom of Information Officer

The Governance Team (2^nd floor)

PO Box 64529
London

SE1P 5LX
Email: [1][Southwark Borough Council request email]

If you are not content with the outcome of your appeal, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact him within
2 months of the outcome of your internal appeal.

If you have any queries or concerns then please contact us using the above
details.

Further information is available through the Information Commissioner
at [2]www.ico.org.uk.

 

Yours faithfully,

 

Martyna Plewniak
Senior Information Officer
[3][email address]

 

 

 

 

[4][IMG]
The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this in error please notify us immediately.

If you are not the intended recipient of the email or the person
responsible for delivering it to them you may not copy it, forward it or
otherwise use it for any purpose or disclose its contents to any other
person. To do so may be unlawful.

Where opinions are expressed in the email they are not necessarily those
of Southwark Council and Southwark Council is not responsible for any
changes made to the message after it has been sent.

References

Visible links
1. mailto:[email address]
2. http://www.informationcommissioner.gov.uk/
3. mailto:[email address]
4. https://www.nhs.uk/conditions/coronaviru...

Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 2403656

show quoted sections

Dear Sir/Madam

Please pass this message to whoever conducts internal reviews. Your response to my FOI request is now substantially overdue. Please respond urgently to the request I made and provide an explanation for the protracted delay.

Yours sincerely,

Alex Brown

CEXaccessinfo, Southwark Borough Council

Dear Mr Brown,

I apologise sincerely for the delay in responding to this. I am making all the efforts to have this response finalised by the end of this week and will provide you with it as soon as it is signed off by the relevant departments.

Once again, thank you for your patience.

Yours sincerely,
Martyna Plewniak BCS - FOIA 2000
Senior Information Officer
Planning Division
Chief Executive’s Department | London Borough of Southwark
160 Tooley Street | London SE1P 5LX
T: 020 7525 1585 | E: [email address]

show quoted sections

Plewniak, Martyna, Southwark Borough Council

12 Attachments

Dear Mr Brown,

 

Re: Your request for information: 2403656

Thank you for your request for information that was received on 14
December 2020, in which you requested:

 

Please provide me with any correspondence, emails, documents, decision
notes, minutes of meetings or other records related the The Caretaker's
House at The Belham Primary School (165 Bellenden Road), in particular
related to the sale of the building or other uses. I am interested in the
period between 1st April 2019 and the present time.

 

 

Your request has been dealt with under the Freedom of Information Act
2000.

 

We apologise sincerely for the delay in responding to your request.

 

In response to it, we are able to provide the attached information. Please
also note that wherever the information is redacted, this information is
exempt from release in accordance with Section 43 of the Act – Commercial
interest, Section 42 – Legal professional privilege and Section 40 of the
Act – Personal information.

 

Section 43 (2) of the 2000 Act provides an exemption if disclosure of the
information would or would be likely to prejudice the commercial interests
of any person or third party (including the public authority holding it).

 

Following careful consideration of your request, the council formulated a
view that any further disclosure regarding the sale of the site would
adversely affect the council’s commercial interest.

 

Each time the public authority is conducting a sale of property, it does
it in good faith to achieve the best possible economical outcome.

 

Similarly on this occasion, hence the council is of opinion that the
exemption available under section 43 (2) is engaged. The section 43(2) is
subject to the public interest test.

 

.

Factors in favour of disclosing the information include:

·               Transparency the public authorities in decision making as
well their spending of public monies.

·               Providing local residents and other members of the public
with the opportunity to challenge the council on its policies and
activities relating to the issue

 

Factors in favour of withholding:

·               The fact that when releasing information under the
legislation is considered releasing information to the public as a whole
and subsequent to this, the authority has the right to deliberate the best
possible economic outcome of this transaction free from external
prejudice.

·               The fact that disclosure would cause harm to the
commercial interests of Southwark Council; and that this can be considered
to be legitimate economic interests.

·               Subsequently to this, disclosure of this information could
result in a loss of revenue or income

·               The fact that the auction has not been held yet and
disclosure details at this point  would  likely jeopardise the council’s
aim for the best economic outcome from the sale

 

It is therefore, the council’s assertion that the factors in favour of
withholding this commercially sensitive formation outweigh the factors in
favour of release.

 

Section 42 of the Act is engaged when information contains legal advice
and therein is legally privileged and has been redacted on the basis that
the public interest favours maintaining that privilege in this instance
and the information is therefore exempt from disclosure under section 42
of the FOIA.

Personal data of any other person (third party data) is exempt under
Section 40(2) of the Freedom of Information Act 2000, if the information
constitutes personal data (as defined by the Data Protection Act 2018) and
disclosure would breach one of the data protection principles. In this
instance we have withheld any personal data that belongs to any third
parties that could be identified through our records as well as our junior
employees’.

 

Please note that under the Privacy and Electronic Communications (EC
Directive) Regulations 2003 Southwark Council ask not to receive
unsolicited marketing communications.

You are free to use the information provided for your own purposes,
including any non-commercial research you are doing and for the purposes
of news reporting.  Any other re-use, for example commercial publication,
requires the permission of the copyright holder.  If you have any queries
or concerns then please contact us using the above details.

 

 

Your rights

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. You should request this review within
two months of receiving this response, by contacting
[1][Southwark Borough Council request email].

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of your appeal you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact her within
two months of the outcome of the internal review. Further information on
the Freedom of Information Act is available through the Information
Commissioner’s website at [2]www.ico.org.uk.

 

 

Yours sincerely,

 

 

Martyna Plewniak

Senior Information Officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[3][IMG]
The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this in error please notify us immediately.

If you are not the intended recipient of the email or the person
responsible for delivering it to them you may not copy it, forward it or
otherwise use it for any purpose or disclose its contents to any other
person. To do so may be unlawful.

Where opinions are expressed in the email they are not necessarily those
of Southwark Council and Southwark Council is not responsible for any
changes made to the message after it has been sent.

References

Visible links
1. mailto:[Southwark Borough Council request email]
2. http://www.ico.org.uk/
3. https://www.nhs.uk/conditions/coronaviru...

Dear Southwark Borough Council,

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

I am writing to request an internal review of Southwark Borough Council's handling of my FOI request 'The Bellhame Primary School Caretaker's House'.

Your application of the balancing test for Section 43 – Commercial Interest is insufficiently detailed to give confidence in your decision and appears to have been concluded a priori without addressing any specifics of this request. In addition, even if the balancing test had been correctly conducted, the redactions appear overbroad, excluding so much of the record to make much of the disclosure meaningless. While pricing and fee information may be exemptable, discussions on alternative uses or consideration of suitability for disposal clearly are not.

I also do not believe that all information held has been disclosed. For instance the surplus declaration has been disclosed, but no information has been disclosed around the production of that declaration (e.g. site reports, records of discussions, meetings etc). Also Southwark Council (via Cllr Ali) have publicly stated that discussions were held with the school about disposal of the property, but no record of those discussions are disclosed in your response.

Given the extensive delay already incurred in this request, I hope you will give this review your urgent attention.

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,

Alex Brown

Dear Sir/Madam

Further to my email on the 11th March, can I please have an acknowledgement of my request for an internal review?

Yours sincerely,

Alex Brown

Plewniak, Martyna, Southwark Borough Council

Thank you for your email.   I'm not in the office today - 17th  March. 
For Freedom of Information Act/ EIR and DPA related enquiries during this
time, please contact: [1][Southwark Borough Council request email]

 

Regards,

Martyna Plewniak

Senior Information Officer

[2][IMG]
The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this in error please notify us immediately.

If you are not the intended recipient of the email or the person
responsible for delivering it to them you may not copy it, forward it or
otherwise use it for any purpose or disclose its contents to any other
person. To do so may be unlawful.

Where opinions are expressed in the email they are not necessarily those
of Southwark Council and Southwark Council is not responsible for any
changes made to the message after it has been sent.

References

Visible links
1. mailto:[Southwark Borough Council request email]
2. https://www.nhs.uk/conditions/coronaviru...

Plewniak, Martyna, Southwark Borough Council

Dear Mr Brown,

I am able to confirm that we have received your request for an internal review and in line with the FOI Code of Practice, under S45 of FOIA it will be conducted by my line manger or their equivalent.
You should receive a letter of acknowledgment from the council in due course.

Yours sincerely,
Martyna Plewniak BCS - FOIA 2000
Senior Information Officer
Chief Executive’s Department | London Borough of Southwark
160 Tooley Street | London SE1P 5LX
T: 020 7525 1585 | E: [email address]

show quoted sections

Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 2403656

show quoted sections

Dear Sir/Madam

I have not had a response to my request for an internal review which is now chronically overdue. Please respond as a matter of urgency.

Yours sincerely,

Alex Brown