The Berkshire Sensory Consortium

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

Dear Bracknell Forest Borough Council,

As per local offers: "Berkshire Sensory Consortium Service is hosted by Achieving for Children on behalf of Royal Borough of Windsor and Maidenhead (RBWM) as part of the Berkshire Joint Arrangement between RBWM, Slough, Bracknell Forest, Wokingham, Reading and West Berkshire Local Authorities."

Can you please provide me with a copy of the Berkshire Joint Arrangement, all SLA's and Data Sharing Agreements that exist in connection to the above..

Yours faithfully,

Jacqui Prentice

Information Compliance-Officer, Bracknell Forest Borough Council

Dear Jacqui Prentice

Thank you for your request for information, below, which was received by the Council (27/02/2023) and we will answer your request under the Freedom of Information Act 2000. The FOI Act obliges us to respond to requests promptly, and in any case no later than 20 working days (by 27/03/2023 ) unless it is necessary to consider the public interest, in which case a full response must be provided within such a time as is reasonable in the circumstances and I will write to you again if this occurs.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future correspondence.

Yours sincerely

Information Compliance Team
Legal Services
Delivery
Bracknell Forest Council
Tel: 01344 352000
Email: [Bracknell Forest Borough Council request email]
Web: www.bracknell-forest.gov.uk

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Information Compliance-Officer, Bracknell Forest Borough Council

Dear Jacqui Prentice

 

I am writing to confirm that the council has completed the processing of
your request for information.

 

Please find below a copy of your request, followed by the Council’s
response.

 

 

┌────────────────────────────────────────────────────────────────────────┐
│Request │
├────────────────────────────────────────────────────────────────────────┤
│  │
│ │
│  │
│ │
│As per local offers:  "Berkshire Sensory Consortium Service is hosted by│
│Achieving for Children on behalf of Royal Borough of Windsor and │
│Maidenhead (RBWM) as part of the Berkshire Joint Arrangement between │
│RBWM, Slough, Bracknell Forest, Wokingham, Reading and West Berkshire │
│Local Authorities." │
│ │
│  │
│ │
│Can you please provide me with a copy of the Berkshire Joint │
│Arrangement, all SLA's and Data Sharing Agreements  that exist in │
│connection to the above. │
│ │
│  │
│ │
│  │
│ │
│  │
├────────────────────────────────────────────────────────────────────────┤
│Response │
├────────────────────────────────────────────────────────────────────────┤
│  │
│ │
│  │
│ │
│The Berkshire Sensory Consortium Service is hosted by Achieving for │
│Children on behalf of Royal Borough of Windsor and Maidenhead (RBWM) as │
│part of the Berkshire Joint Arrangement between RBWM, Slough, Bracknell │
│Forest, Wokingham, Reading and West Berkshire Local Authorities.  Please│
│contact [1][email address] who will respond to│
│your request accordingly. │
│ │
│  │
│ │
│  │
│ │
│  │
└────────────────────────────────────────────────────────────────────────┘

 

 

 

If you have any queries about this response or need any further
explanation please contact
[2][Bracknell Forest Borough Council request email] .

 

If we are unable to resolve your queries and you disagree with our final
response, or if you are unhappy with the service you have received in
relation to our handling of your request, you can request an internal
review.  This must be submitted in writing, within 40 working days of the
date of the authority’s initial response. Public authorities are not
obliged to accept requests for internal reviews after this date. If
requesting an internal review, please include your reference number, the
date of your original request and your contact details. Please also
include an explanation of why you are dissatisfied with our final
response. Requests for an internal review should be sent to:
[3][Bracknell Forest Borough Council request email] . Requests for
internal reviews will be acknowledged and a response sent within 20
working days. 

 

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

 

 

 

 

 

Yours sincerely

 

Information Compliance
Team                                                                                                                

Legal Services

Delivery

Bracknell Forest Council

Tel: 01344 352000

Email: [email address]

Web: www.bracknell-forest.gov.uk

 

 

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References

Visible links
1. mailto:[email address]
2. mailto:[Bracknell Forest Borough Council request email]
3. mailto:[Bracknell Forest Borough Council request email]

Dear Bracknell Forest Borough Council,

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

I am writing to request an internal review of Bracknell Forest Borough Council's handling of my FOI request 'The Berkshire Sensory Consortium'.

Please go back and check all your documents and file and confirm that you do not hold any any draft , final or historical documents regarding the Berkshire Joint Agreement / SLA . Please provide me a disclosure log of all the records held regarding the above.

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,

Jacqui Prentice

Information Compliance-Officer, Bracknell Forest Borough Council

Dear Jacqui Prentice

Our Ref: FOI. 955

Thank you for your email below requesting an internal review of the councils handling of your request for information, you will receive a response within 20 working days form the date of your internal review request.

Yours sincerely

Information Compliance Team
Legal Services
Delivery
Bracknell Forest Council
Tel: 01344 352000
Email: [Bracknell Forest Borough Council request email]
Web: http://www.bracknell-forest.gov.uk/

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James Derby, Bracknell Forest Borough Council

1 Attachment

Dear Jacqui Prentice

I write further to your request for Internal Review received on 31st March 2023 regarding FOI request Ref No. 955 in which you asked
Bracknell Forest Council (BFC) for "copy of the Berkshire Joint Arrangement, all SLA's and Data Sharing Agreements that exist in connection to the above". Your Internal Review is due on 3rd May 2023.

In response to your FOI request, BFC provided you with this response - "the Berkshire Sensory Consortium Service is hosted by Achieving for Children on behalf of Royal Borough of Windsor and Maidenhead (RBWM) as part of the Berkshire Joint Arrangement between RBWM, Slough, Bracknell Forest, Wokingham, Reading and West Berkshire Local Authorities. Please contact [email address] who will respond to your request accordingly". Following receipt of the response, you were dissatisfied with the response and therefore requested an Internal Review.

Under the Freedom of Information Act 2000 (FOIA), the purpose of an Internal Review is to assess how your FOI request was handled in the first instance and to determine whether the original decision given to you was correct. This is an independent review; I was not involved in the original decision.

The FOIA provides a general right of access to information "held" by a public authority; where the requested information is "held" (either electronically or manually), the public authority is obliged to disclose the information subject to any of the 23 (qualified or absolute) exemptions being engaged. In carrying out this Internal Review, it is therefore necessary to establish whether the requested information is held by BFC, and if so, whether the information should be disclosed or withheld if any of the FOIA exemptions are engaged.

During this Internal Review, I made enquiries with the relevant business area within BFC i.e. The Commissioning Team in the People directorate of BFC; from my enquiries, I understood BFC entered into an agreement with some Local authorities which culminated in what is called "The Berkshire Sensory Consortium Service" which is hosted by Achieving for Children on behalf of the Local Authorities . Further, I was informed copy of the agreement between the Local Authorities is held by BFC and copy of the said agreement was provided to me.

Based on the above, I am of the view the information you requested in your FOI request is held by BFC and the Council pursuant to its obligations under section 1 ( 1) FOIA should have communicated to you that the requested information is held by the Council. Kindly accept my apologies that this was not communicated to you.

Where a public authority holds information which is requested under the FOIA, the public authority is obliged to disclose the information except where any of the exemptions under the FOIA is engaged. I have taken the liberty to go through the agreement, I note it contains arrangements between the Local Authorities regarding provision of educational services "for Children and Young People (0-19yrs) who have a hearing / vision / multi-sensory impairment", the agreement also contains names of staff whose work were impacted by the agreement.

I am of the view that whilst the agreement may be disclosed to you, the names of the staff contained in the agreement should be redacted as these names constitutes personal data as defined under the Data Protection Act 2018. Section 40 of the FOIA provides an exemption to disclosure of information which is personal data, and disclosure of the personal data would contravene any of the data protection principles. The relevant data protection principle is principle (a), which states: “Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject". In considering whether the processing of the names of the staff is lawful, there must be compliance with a lawful basis under Article 6 UKGDPR. In this instance, the most relevant lawful basis is legitimate interests under Article 6 (1) ( f) UKGDPR. When considering whether the disclosure of personal information would be lawful, the Council must establish whether there is a legitimate interest in disclosing the information, whether disclosure of the information is necessary, and whether these interests override the rights and freedoms of the individuals whose personal information it is.

I am of the view that whilst you may be pursuing a legitimate interest through this FOI request, disclosure of the names of staff contained in the agreement is not necessary to satisfy your legitimate interest; therefore, disclosing the names to you would be unlawful pursuant to Article 5(1)(a) of the UKGDPR.

Consequently, kindly find attached a redacted version of the agreement wherein the names of staff have been redacted pursuant to the exemption in section 40 FOIA.

If you are not satisfied with this response, you have the right to apply to the information Commissioner's Office (ICO). The Commissioner is an independent regulator who has the power to direct us to respond to your request differently, if she considers that we have handled it incorrectly.

You can contact the ICO at the following address:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow, Cheshire
SK9 5AF

Yours sincerely

James Derby
Information Governance Lawyer (Locum)
Legal Services
Resources
Bracknell Forest Council

01344 351822
[email address]
www.bracknell-forest.gov.uk

My working days are Mondays, Wednesdays & Fridays

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