The Former Valley Works at Rhydymwyn

The request was partially successful.

Dear Flintshire Council,

Please could you state your objections, if any, to the clearance of vegetation on an Urgent/Essential basis from a two metre band around the Grade II listed buildings P4, P5, P6 and R3 at the former Valley Works at Rhydymwyn?

Could you further state your objections, if any, to the location of a shipping container which can be moved and does not have foundations in the Grade II listed Building P4 at the former Valley Works at Rhydymwyn?

Could you finally state if World War II is included as a subject in the Flintshire Schools syllabus?

Yours faithfully,

Colin Barber

Flintshire County Council

Dear Mr Barber

Thank you for your request for information which is acknowledged.

Your request has been forwarded to the Freedom of Information Act Contact
Officer for the Environment Directorate to process and this Officer will
be in contact with you.

If you send any further correspondence about this request, please include
the reference number and either e.mail it to [Flintshire Council request email], or
post it to Freedom of Information, Flintshire County Council, Legal and
Democratic Services, County Hall, Mold, Flintshire, CH7 6NA.

Yours sincerely

Ashlea Moore
Freedom of Information Contact Officer

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council shall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

**********************************************************************

Flintshire County Council

Mr Colin Barber Eich Cyf/Your Ref
Ein Cyf/Our Ref R008128
Dyddiad/Date 01/07/2014
Gofynner am/Ask for Lesley Matischok  
Rhif Union/Direct Dial 01352 703448

Dear Mr Barber

Thank you for your request for information where you have asked for the
following:

* Please could you state your objections, if any, to the clearance of
vegetation on an Urgent/Essential basis from a two metre band around
the Grade II listed buildings P4, P5, P6 and R3 at the former Valley
Works at Rhydymwyn?
* Could you further state your objections, if any, to the location of a
shipping container which can be moved and does not have foundations in
the Grade II listed Building P4 at the former Valley Works at
Rhydymwyn?

It seems you are asking for opinion rather than information, The FOI Act
deals with requests for information not opinion.

It is also the case that to provide the comments sought we would require
more information regarding what is being provided - for example: there is
no indication as to what use the container will be or put and how
frequently this will happen? Equally there is no information provided as
to whether a bat survey has been carried out and what impacts and/or
mitigation is required in relation to what is proposed.

This is also a matter first and foremost between those with responsibility
for the site i.e. DEFRA, and Natural Resources Wales. It is my
understanding that DEFRA have commissioned a consultant to look into
matters raised by yourself and report in the round on all the relevant
implications of what is being proposed. Once that consultants report is
available and when consulted, the Council would be in a better position
with full information, to give its views. It also seems to me that the
container may require a planning consent and it would be to seek
pre-planning advice before such container is installed.

* Could you finally state if World War II is included as a subject in
the Flintshire Schools syllabus?

Unfortunately I seem to have missed that last part of your request so will
forward this part to education to respond.

The contents of this communication and any enclosed documents are subject
to copyright protection.  It has been sent to you for your information and
you may use it for any non-commercial research you may be doing or
undertaking.  Its contents can also be used for the purposes of news
reporting.  Any other re-use, for example, commercial publication or
publication on a website, requires the permission of this Council.  If you
wish to re-use this information please contact us, letting us know how you
wish to re-use it and what the intended audience will be so that we can
consider your request.  This information should be sent to:  The Records
Manager, Flintshire County Council, County Hall, Mold, Flintshire  CH7
6NB, or [email address]

Yours sincerely

Lesley Matischok

FREEDOM OF INFORMATION ACT COMPLAINTS PROCEDURE

This procedure is exclusively for dealing with complaints in relation to
the operation of the Freedom of Information Act (FOIA) within the Council.

Where you are dissatisfied with the way that any request for information
has been dealt with and you have been unable to obtain satisfaction
through discussion with the Officer dealing with the matter then you are
encouraged to use this procedure.

1. Your complaint should be made in writing addressed to the Information
Act Complaints Officer, Democratic Services, County Hall, Mold CH7 6NB or
by e-mail to [1][Flintshire Council request email] giving full details of the
complaint.

2. A written acknowledgement will be sent and the complaint referred to a
Directorate Information Act Complaints Officer to investigate and review
the original response to your request and respond in writing within 14
working days.  This person should not have been involved in the processing
of your original application which is the subject of your complaint and
will be a Senior Officer.

3. Where your complaint is a complex one (for example involving the
applicability of a qualified exemption) it may not be possible to deal
with it within the above timescales.  In such a situation a progress
report will be sent within the above timescales.

4. If you remain dissatisfied after the above procedure you may wish to
make an application to the Information Commissioner under Section 50 of
the Freedom of Information Act that the Council has not dealt with your
request for information properly.  The Information Commissioner’s office
is at: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council shall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

**********************************************************************

References

Visible links
1. mailto:[Flintshire Council request email]

Flintshire County Council

Mr Colin Barber Eich Cyf/Your Ref
Ein Cyf/Our Ref R008128
Dyddiad/Date 02/07/2014
Gofynner am/Ask for Lesley Matischok
Rhif Union/Direct Dial 01352 703448

Dear Mr Barber

I write in relation to your last point regarding schools

"Could you finally state if World War II is included as a subject in the
Flintshire Schools syllabus?"

Schools work within the parameters of the National Curriculum, but this
does give some flexibility as to the periods of history which are studied
at each key stage although individuals and events of the 20th Century are
one period to be covered.  The guidance document for History is with the
others on the Welsh Government website.  At KS4 the periods covered will
depend on the exam syllabus chosen.
The contents of this communication and any enclosed documents are subject
to copyright protection.  It has been sent to you for your information and
you may use it for any non-commercial research you may be doing or
undertaking.  Its contents can also be used for the purposes of news
reporting.  Any other re-use, for example, commercial publication or
publication on a website, requires the permission of this Council.  If you
wish to re-use this information please contact us, letting us know how you
wish to re-use it and what the intended audience will be so that we can
consider your request.  This information should be sent to:  The Records
Manager, Flintshire County Council, County Hall, Mold, Flintshire  CH7
6NB, or [email address]

Yours Sincerely

Lesley Matischok

FREEDOM OF INFORMATION ACT COMPLAINTS PROCEDURE

Freedom of Information Act: Complaints Procedure

This procedure is exclusively for dealing with complaints in relation to
the operation of the Freedom of Information Act  (FOIA) within the
Council.

Where you are dissatisfied with the way that any request for information
has been dealt with and you have been unable to obtain satisfaction
through discussion with the Officer dealing with the matter then you are
encouraged to use this procedure.

1. Your complaint should be made in writing addressed to the Information
Act Complaints Officer, Legal and Democratic Services Department, County
Hall, Mold or by e-mail to [1][Flintshire Council request email] giving full details of
the complaint. The complaint should be made within 2 months of receipt of
the original response.

2. A written acknowledgement will be sent and the complaint referred to a
Directorate Information Act Complaints Officer to investigate and review
the original response to your request and respond in writing within 14
working days. This person should not have been involved in the processing
of your original application which is the subject of your complaint and
will be a Senior Officer.

3.  Where your complaint is a complex one (for example involving the
applicability of a qualified exemption) it may not be possible to deal
with it within the above timescales. In such a situation a progress report
will be sent within the above timescales.

4.  If you remain dissatisfied after the above procedure you may wish to
make an application to the Information Commissioner under Section 50 of
the Freedom of Information Act that the Council has not dealt with your
request for information properly. The Information Commissioner’s office is
at: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council shall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

**********************************************************************

References

Visible links
1. mailto:[Flintshire Council request email]

Dear Flintshire Council,

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

I am writing to request an internal review of Flintshire Council's handling of my FOI request 'The Former Valley Works at Rhydymwyn'.

Under the Freedom of Information Act I expected that if my requests were too wide or too unclear, you would contact me as I understand that under the act, you are required to advise and assist requesters.
My first question was “Please could you state your objections, if any, to the clearance of vegetation on an Urgent/Essential basis from a two metre band around the Grade II listed buildings P4, P5, P6 and R3 at the former Valley Works at Rhydymwyn?”
i.e. What were the objections, if any, of FCC on 3rd June 2014.
The second question was “Could you further state your objections, if any, to the location of a shipping container which can be moved and does not have foundations in the Grade II listed Building P4 at the former Valley Works at Rhydymwyn?”
You seem to have bundled the answers to the two questions and your reply was “It seems you are asking for opinion rather than information, The FOI Act
deals with requests for information not opinion.
It is also the case that to provide the comments sought we would require more information regarding what is being provided - for example: there is no indication as to what use the container will be or put and how frequently this will happen? Equally there is no information provided as to whether a bat survey has been carried out and what impacts and/or mitigation is required in relation to what is proposed.
This is also a matter first and foremost between those with responsibility for the site i.e. DEFRA, and Natural Resources Wales. It is my understanding that DEFRA have commissioned a consultant to look into matters raised by yourself and report in the round on all the relevant implications of what is being proposed. Once that consultant’s report is available and when consulted, the Council would be in a better position with full information, to give its views. It also seems to me that the container may require a planning consent and it would be to seek pre-planning advice before such container is installed”.
We did not ask what the objections of DEFRA and NRW may be, we have addressed them separately and have differing information to your unsupported assertions on their behalf. What objections, if any, have FCC today as asked in the two questions?
The third question was “Could you finally state if World War II is included as a subject in
the Flintshire Schools syllabus” or phrased differently “Is World War II taught as a separate subject in Flintshire Schools?”
Your answer was “Schools work within the parameters of the National Curriculum, but this does give some flexibility as to the periods of history which are studied at each key stage although individuals and events of the 20th Century are one period to be covered. The guidance document for History is with the others on the Welsh Government website. At KS4 the periods covered will depend on the exam syllabus chosen.” The reply does not seem to address the question.

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,

Colin Barber

Flintshire County Council

Dear Mr Barber,

Your complaint about the response to your recent FOI enquiry, Ref.
R008128, is being dealt with and you will receive a response by 28 July
2014.

Yours sincerely,
FOI Contact Officer

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council s! hall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

***********************! ***********************************************

Flintshire County Council

Dear Mr Barber,

Your e-mail of the 7 July about the response you received to your Freedom
of Information request has been referred to me so that I can review the way
your request was handled and respond to your complaint.

Your e-mail helpfully sets out the history to your request so I will not
repeat that history in this e-mail.

In the third paragraph of your e-mail you indicate your understanding that
under the Act the Council is required to provide advice and assistance. I
confirm that your understanding is correct and as indicated later in this
e-mail believe the Council complied with that requirement.

The first point I would make is that many FOI requests are not recorded on
any Council database. Many requests are dealt with by the officer to whom
they are addressed by promptly providing the information requested. It is
only where the request is not straightforward that it is referred to the
appropriate FOI officer and entered on our FOI database.

The second point I would make is that there are a large number of not
straightforward requests that are made each year. For the year 1 April
2013 to the 31 March 2014, 874 FOI requests that were not straightforward
were entered on our database.

The next point I would make is that we do not have a database from which we
can download a log of requests received. There are limitations with our
database that mean compiling the information you have requested involves
copying and pasting relevant text from the database into a new document
that can be used to respond to your request. The officer who initially
dealt with your request took an average of 5 minutes to locate, extract and
copy the information you requested for one FOI request. For the 874
requests received for the year from 1 April 2013 to 31 March 2014 it would
therefore have taken over 72 hours. It is for this reason that the officer
did not come back to you to ask you to confine your request to just one
year of the five as any year would have exceeded the 18 hours work you
correctly referred to in your e-mail as the appropriate limit.

In order to provide advice and assistance you were therefore referred to
the large selection of requests submitted to Flintshire available on the
What Do They Know website that you use as your e-mail address.

I hope this review has resolved your complaint, if that is not in fact the
case then the appropriate next stage is for you to apply to the Information
Commissioner for a decision whether, in any specified respect, your request
has been dealt with in accordance with the requirements of part 1 of the
Freedom of Information Act. I set out below the ICO's contact details.

The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF, Tel No. 0303 123 1113.

Regards,

Peter Evans

Democracy & Governance Manager | Rheolwr Democratiaeth a Llywodraethu
Democratic Services | Gwasanaethau Democrataidd
Flintshire County Council | Cyngor Sir Y Fflint
County Hall | Neuadd y Sir
Mold | Yr Wyddgrug
CH7 6NA
________________________________________________________________
Tel|Ffôn | 01352 702304

**********************************************************************
Opinions advice, conclusions and other information in this
message that do not relate to the official business of
Flintshire County Council shall be understood as neither
given nor endorsed by it or on its behalf, and consequently
Flintshire County Council shall bear no responsibility
whatsoever in respect thereof.
Deellir na fydd unrhyw safbwyntiau, na chynghorion, na
chasgliadau nac unrhyw wybodaeth arall yn y neges hon,
nad ydynt yn berthnasol i waith swyddogol
Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo
nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn
unrhyw gyfrifoldeb am y rhannau hynny o'r neges.
**********************************************************************

Dear Flintshire Council,
May I respectfully suggest that the response from Mr Evans does not relate to this FOIA request?

Yours faithfully,

Colin Barber

Flintshire County Council

I am out of the office until 15/07/2014.

Note: This is an automated response to your message "Re: Freedom of
Information request - The Former Valley Works at Rhydymwyn" sent on 12/7/14
10:26:19.

This is the only notification you will receive while this person is away.

**********************************************************************
Opinions advice, conclusions and other information in this
message that do not relate to the official business of
Flintshire County Council shall be understood as neither
given nor endorsed by it or on its behalf, and consequently
Flintshire County Council shall bear no responsibility
whatsoever in respect thereof.
Deellir na fydd unrhyw safbwyntiau, na chynghorion, na
chasgliadau nac unrhyw wybodaeth arall yn y neges hon,
nad ydynt yn berthnasol i waith swyddogol
Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo
nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn
unrhyw gyfrifoldeb am y rhannau hynny o'r neges.
**********************************************************************

Flintshire County Council

I am out of the office until 14/07/2014.
If the issue is urgent, please contact Sheila Bickerton (ext. 2423) in my
absence.
Note: This is an automated response to your message "Re: Freedom of
Information request - The Former Valley Works at Rhydymwyn" sent on
12/7/14 10:26:19.
This is the only notification you will receive while this person is away.

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council shall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

**********************************************************************

Dear Flintshire Council,

Please could you relocate your reply of 11th July 2014 in its correct place to enable me to comment on and escalate that FOIA request?

Yours faithfully,

Colin Barber

Flintshire County Council

Dear Mr Barber,

The response date 11 July  to your request for an internal review relating
to access to FOI requests has been attached to the correct record.

Regards,
FOI Contact Officer

From:        Colin Barber <[FOI #215013 email]>
To:        FOI requests at Flintshire Council <[Flintshire Council request email]>,
Date:        15/07/2014 07:52
Subject:        Re: Freedom of Information request - The Former Valley
Works at Rhydymwyn

--------------------------------------------------------------------------

Dear Flintshire Council,
Please could you relocate your reply of 11th July 2014  in its correct
place to enable me to comment on and escalate that FOIA request?
Yours faithfully,
Colin Barber

show quoted sections

Flintshire County Council

Mr Colin Barber Eich Cyf/Your Ref
Ein Cyf/Our Ref C000207
Dyddiad/Date 11/07/2014
Gofynner am/Ask for Lynne Fensome
Rhif Union/Direct Dial 01352 704910

Dear Mr Barber

I write in relation to your request for a review to your information
request reference  R008128.

I have reviewed the information sought and the reply sent and my findings
are as follows.

In respect of Question 1. Please could you state your objections, if any,
to the clearance of vegetation
on an Urgent/Essential basis from a two metre band around the Grade II
listed
buildings P4, P5, P6 and R3 at the former Valley Works at Rhydymwyn?
The Freedom of Information Act deals with information held and I find no
information held in relation to your request. The fundamental duty of the
County Council under the Freedom of Information Act is to confirm or deny
that the information you have requested is held and if held to either
provide that information or to explain why the information is deemed to be
exempt from disclosure. You cannot request advice or opinion unless that
advice or opinion is already recorded in a document held by the County
Council.

In respect of Question 2 . Could you further state your objections, if
any, to the location of a shipping
container which can be moved and does not have foundations in the Grade II
listed Building P4 at the former Valley Works at Rhydymwyn?

I refer to my answer to question 1.

I believe Mrs Matischok has tried to assist and advise you  by setting out
the current position of the Council in relation to the commissioning of
consultants by DEFRA and the opinion that will be sought from the Council
when the report is available and steering you to submit a pre-planning
application to the planning department in relation to your planning
request.

You can email directly to [email address] and ask for advice
directly from the planning team who will explain the process of
pre-planning advice.

Question 3. Is World War II included as a subject in the Flintshire
Schools syllabus ? You vary this question in your request for review to Is
World War II taught as a separate subject in Flintshire Schools ?

In relation to your initial request the information is refused under
section 21 of the Freedom of Information Act

21 - Information accessible to the applicant by other means.

(1) Information which is accessible to the applicant otherwise than under
section 1 is exempt information.

In relation to the variation to your request World War II is not taught as
a separate subject in Flintshire Schools but taught as part of the History
Curriculum.

Yours sincerely

Lesley Matischok

Freedom of Information Act: Complaints Procedure

This procedure is exclusively for dealing with complaints in relation to
the operation of the Freedom of Information Act  (FOIA) within the
Council.

Where you are dissatisfied with the way that any request for information
has been dealt with and you have been unable to obtain satisfaction
through discussion with the Officer dealing with the matter then you are
encouraged to use this procedure.

1. Your complaint should be made in writing addressed to the Information
Act Complaints Officer, Democratic Services, County Hall, Mold or by
e-mail to [1][Flintshire Council request email] giving full details of the complaint.
The complaint should be made within 2 months of receipt of the original
response.

2. A written acknowledgement will be sent and the complaint referred to a
Directorate Information Act Complaints Officer to investigate and review
the original response to your request and respond in writing within 14
working days. This person should not have been involved in the processing
of your original application which is the subject of your complaint and
will be a Senior Officer.

3.  Where your complaint is a complex one (for example involving the
applicability of a qualified exemption) it may not be possible to deal
with it within the above timescales. In such a situation a progress report
will be sent within the above timescales.

4.  If you remain dissatisfied after the above procedure you may wish to
make an application to the Information Commissioner under Section 50 of
the Freedom of Information Act that the Council has not dealt with your
request for information properly. The Information Commissioner’s office is
at: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council shall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

**********************************************************************

References

Visible links
1. mailto:[Flintshire Council request email]

Flintshire County Council

Mr Colin Barber Eich Cyf/Your Ref
Ein Cyf/Our Ref C000207
Dyddiad/Date 28/07/2014
Gofynner am/Ask for Lynne Fensome
Rhif Union/Direct Dial 01352 704910

Dear Mr Barber

I write in relation to your request for a review to your information
request reference  R008128.

I have reviewed the information sought and the reply sent and my findings
are as follows.

In respect of Question 1. Please could you state your objections, if any,
to the clearance of vegetation
on an Urgent/Essential basis from a two metre band around the Grade II
listed
buildings P4, P5, P6 and R3 at the former Valley Works at Rhydymwyn?
The Freedom of Information Act deals with information held and I find no
information held in relation to your request. The fundamental duty of the
County Council under the Freedom of Information Act is to confirm or deny
that the information you have requested is held and if held to either
provide that information or to explain why the information is deemed to be
exempt from disclosure. You cannot request advice or opinion unless that
advice or opinion is already recorded in a document held by the County
Council.

In respect of Question 2 . Could you further state your objections, if
any, to the location of a shipping
container which can be moved and does not have foundations in the Grade II
listed Building P4 at the former Valley Works at Rhydymwyn?

I refer to my answer to question 1.

I believe Mrs Matischok has tried to assist and advise you  by setting out
the current position of the Council in relation to the commissioning of
consultants by DEFRA and the opinion that will be sought from the Council
when the report is available and steering you to submit a pre-planning
application to the planning department in relation to your planning
request.

You can email directly to [email address] and ask for advice
directly from the planning team who will explain the process of
pre-planning advice.

Question 3. Is World War II included as a subject in the Flintshire
Schools syllabus ? You vary this question in your request for review to Is
World War II taught as a separate subject in Flintshire Schools ?

In relation to your initial request the information is refused under
section 21 of the Freedom of Information Act

21 - Information accessible to the applicant by other means.

(1) Information which is accessible to the applicant otherwise than under
section 1 is exempt information.

In relation to the variation to your request World War II is not taught as
a separate subject in Flintshire Schools but taught as part of the History
Curriculum.

Yours sincerely

Lesley Matischok

Freedom of Information Act: Complaints Procedure

This procedure is exclusively for dealing with complaints in relation to
the operation of the Freedom of Information Act  (FOIA) within the
Council.

Where you are dissatisfied with the way that any request for information
has been dealt with and you have been unable to obtain satisfaction
through discussion with the Officer dealing with the matter then you are
encouraged to use this procedure.

1. Your complaint should be made in writing addressed to the Information
Act Complaints Officer, Democratic Services, County Hall, Mold or by
e-mail to [1][Flintshire Council request email] giving full details of the complaint.
The complaint should be made within 2 months of receipt of the original
response.

2. A written acknowledgement will be sent and the complaint referred to a
Directorate Information Act Complaints Officer to investigate and review
the original response to your request and respond in writing within 14
working days. This person should not have been involved in the processing
of your original application which is the subject of your complaint and
will be a Senior Officer.

3.  Where your complaint is a complex one (for example involving the
applicability of a qualified exemption) it may not be possible to deal
with it within the above timescales. In such a situation a progress report
will be sent within the above timescales.

4.  If you remain dissatisfied after the above procedure you may wish to
make an application to the Information Commissioner under Section 50 of
the Freedom of Information Act that the Council has not dealt with your
request for information properly. The Information Commissioner’s office is
at: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council shall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

**********************************************************************

References

Visible links
1. mailto:[Flintshire Council request email]

Dear Flintshire Council,
Replies to your comments

Statement: I write in relation to your request for a review to your information request reference R008128. I have reviewed the information sought and the reply sent and my findings are as follows.
In respect of Question 1.. Please could you state your objections, if any, to the clearance of vegetation on an Urgent/Essential basis from a two metre band around the Grade II listed buildings P4, P5, P6 and R3 at the former Valley Works at Rhydymwyn?
The Freedom of Information Act deals with information held and I find no information held in relation to your request. The fundamental duty of the County Council under the Freedom of Information Act is to confirm or deny that the information you have requested is held and if held to either provide that information or to explain why the information is deemed to be exempt from disclosure. You cannot request advice or opinion unless that advice or opinion is already recorded in a document held by the County Council.

Answer. Under the Freedom of Information Act I expected that if my requests were too wide or too unclear, you would contact me as I understand that under the act, you are required to advise and assist requesters. If you do not hold any information I would reasonably have expected you to say that FCC does not have an objection. If you had a problem with the drafting of the question you could have asked for clarification and refinement as the act requires.
I would, further indicate that I was not asking for opinion and as your reply on review stated “I find no information held in relation to your request” you could have replied you that FCC had no objection, a statement of fact not opinion.
Under the Freedom of Information Act I expected that if my requests were too wide or too unclear, you would contact me as I understand that under the act, you are required to advise and assist requesters

Statement: In respect of Question 2. Could you further state your objections, if any, to the location of a shipping container which can be moved and does not have foundations in the Grade II listed Building P4 at the former Valley Works at Rhydymwyn?
I refer to my answer to question 1

Answer: “Which part?”

Statement: I believe Mrs Matischok has tried to assist and advise you by setting out the current position of the Council in relation to the commissioning of consultants by DEFRA,

Answer. Where does this information come from? Where is the documentation? Does FCC speak on behalf of DEFRA?

Statement: and the opinion that will be sought from the Council when the report is available

Answer. Where does the information come from? Is it a rumour? Which report? Where is the documentation?

Statement: and steering you to submit a pre-planning application to the planning department in relation to your planning request.

Answer. Which planning request?

Statement: Question 3. Is World War II included as a subject in the Flintshire Schools syllabus? You vary this question in your request for review to Is World War II taught as a separate subject in Flintshire Schools?
In relation to your initial request the information is refused under section 21 of the Freedom of Information Act 21 - Information accessible to the applicant by other means.
(1) Information which is accessible to the applicant otherwise than under section 1 is exempt information. In relation to the variation to your request World War II is not taught as a separate subject in Flintshire Schools but taught as part of the History Curriculum.

Answer. I take the answer to be that World War II is taught in Flintshire Schools. If you had a problem with the drafting of the question you could have asked for clarification and refinement as the act requires.

My Comments

There were three separate questions but FCC have confusingly merged the replies to questions 1 and 2 and mixed issues

Question one could have been responded to without any further clarification i.e. FCC apparently do not have any objection as they did not “hold information and had no information held in relation to your request”. Interestingly we had also requested the same information from Natural Resources Wales with the same question here https://www.whatdotheyknow.com/request/g... and received a model reply. It should be noted that they had no problem with the drafting of the question.

Question two had a number of conflicting assertions and unsupported references to other authorities without any documentation. I consider if you quote others you should reference or you are merely promoting rumours.

Question three could easily have been addressed. My question could not reasonably have been thought to be a query concerning KS4 of the Welsh National Curriculum
My complaint is that a reasonable request for FOIA information was not dealt with in a helpful fashion and FCC did not act within the spirit of the Act.Before refusing my request they did not try to inform me of their perceived difficulties or ask me to modify that request.

The replies are inconsistent FCC take the position that you cannot request advice or opinion unless that advice or opinion is already recorded in a document held by the County Council, yet it goes on to state “setting out the current position of the Council in relation to the commissioning of consultants by DEFRA”,

It is troubling that, Mrs. Matischok, the person who gave the original reply also conducted the internal review.

It is the practice of many authorities that when they acknowledge FIR’s they also confirm the questions raised in that FIR. This also gives the opportunity to agree the questions at the beginning of the 20 “working days” window. FCC limits itself to an automated response.

I do respect FCC and in many areas admire them but when this FIR is read along with https://www.whatdotheyknow.com/request/a... it seems there is a reluctance to provide requested information. That reluctance probably results in a greater overhead than that required to service the request positively.
I consider the responses of FCC to be evasive and not responsive.

Under these circumstances I will be referring this string of messages to the ICO for review.

Yours faithfully,

Colin Barber

Flintshire County Council

I am out of the office until 07/08/2014.

Please contact Lesley Matischok on 3448 if urgent.

Note: This is an automated response to your message "Re: FOI Enquiry:
C000207" sent on 6/8/14 10:25:11.

This is the only notification you will receive while this person is away.

**********************************************************************
Opinions advice, conclusions and other information in this
message that do not relate to the official business of
Flintshire County Council shall be understood as neither
given nor endorsed by it or on its behalf, and consequently
Flintshire County Council shall bear no responsibility
whatsoever in respect thereof.
Deellir na fydd unrhyw safbwyntiau, na chynghorion, na
chasgliadau nac unrhyw wybodaeth arall yn y neges hon,
nad ydynt yn berthnasol i waith swyddogol
Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo
nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn
unrhyw gyfrifoldeb am y rhannau hynny o'r neges.
**********************************************************************

Flintshire County Council

Dear Mr Barber

I refer you to Point 4 of the Complaints procedure below.

In respect of the complaint review I can confirm that It was myself who
carried out the review and not Mrs Matischok. Mrs Matischok's name was
left at the bottom of the reply in error. I apologise for any confusion
this caused.

Regards

Lynne Fensome

Lynne Fensome
Directorate Support Manager/Rheolwr yr Adran Cymforth i'r Cyfarwyddiaethu
Management Support And Performance/Yr Adran Perfformiad a Chymorth Rheoli
Directorate of Environment and Regeneration/Cyfarwyddiaeth yr Amgylchedd
ac Adfywio
Flintshire County Council/Cyngor Sir y Fflint
County Hall/Neuadd y Sir
Mold/ Yr Wyddgrug
CH7 6NF

Tel : 01352 704910

From:        Colin Barber <[FOI #215013 email]>
To:        Lynne_Fensome@flintshire.gov.uk,
Date:        06/08/2014 10:25
Subject:        Re: FOI Enquiry: C000207

--------------------------------------------------------------------------

Dear Flintshire Council,
Replies to your comments

Statement: I write in relation to your request for a review to your
information request reference R008128. I have reviewed the information
sought and the reply sent and my findings are as follows.
In respect of Question  1.. Please could you state your objections, if
any, to the clearance of vegetation on an Urgent/Essential basis from a
two metre band around the Grade II listed buildings P4, P5, P6 and R3 at
the former Valley Works at Rhydymwyn?
The Freedom of Information Act deals with information held and I find no
information held in relation to your request. The fundamental duty of the
County Council under the Freedom of Information Act is to confirm or deny
that the information you have requested is held and if held to either
provide that information or to explain why the information is deemed to be
exempt from disclosure. You cannot request advice or opinion unless that
advice or opinion is already recorded in a document held by the County
Council.

Answer.  Under the Freedom of Information Act I expected that if my
requests were too wide or too unclear, you would contact me as I
understand that under the act, you are required to advise and assist
requesters. If you do not hold any information I would reasonably have
expected you to say that FCC does not have an objection. If you had a
problem with the drafting of the question you could have asked for
clarification and refinement as the act requires.
I would, further indicate that I was not asking for opinion and as your
reply on review stated “I find no information held in relation to your
request” you could have replied you that FCC had no objection, a statement
of fact not opinion.
Under the Freedom of Information Act I expected that if my requests were
too wide or too unclear, you would contact me as I understand that under
the act, you are required to advise and assist requesters

Statement: In respect of Question 2. Could you further state your
objections, if any, to the location of a shipping container which can be
moved and does not have foundations in the Grade II listed Building P4 at
the former Valley Works at Rhydymwyn?
I refer to my answer to question 1

Answer: “Which part?”

Statement:  I believe Mrs Matischok has tried to assist and advise you by
setting out the current position of the Council in relation to the
commissioning of consultants by DEFRA,

Answer. Where does this information come from? Where is the documentation?
Does FCC speak on behalf of DEFRA?

Statement: and the opinion that will be sought from the Council when the
report is available

Answer. Where does the information come from? Is it a rumour? Which
report? Where is the documentation?

Statement: and steering you to submit a pre-planning application to the
planning department in relation to your planning request.

Answer. Which planning request?

Statement: Question 3.  Is World War II included as a subject in the
Flintshire Schools syllabus?  You vary this question in your request for
review to Is World War II taught as a separate subject in Flintshire
Schools?
In relation to your initial request the information is refused under
section 21 of the Freedom of Information Act 21 - Information accessible
to the applicant by other means.
(1) Information which is accessible to the applicant otherwise than under
section 1 is exempt information. In relation to the variation to your
request World War II is not taught as a separate subject in Flintshire
Schools but taught as part of the History Curriculum.  

Answer.  I take the answer to be that World War II is taught in Flintshire
Schools. If you had a problem with the drafting of the question you could
have asked for clarification and refinement as the act requires.

My Comments

There were three separate questions but FCC have confusingly merged the
replies to questions 1 and 2 and mixed issues

Question one could have been responded to without any further
clarification i.e. FCC apparently do not have any objection as they did
not “hold information and had no information held in relation to your
request”. Interestingly we had also requested the same information from
Natural Resources Wales with the same question here
[1]https://www.whatdotheyknow.com/request/g...
and received a model reply. It should be noted that they had no problem
with the drafting of the question.

Question two had a number of conflicting assertions and unsupported
references to other authorities without any documentation. I consider if
you quote others you should reference or you are merely promoting rumours.

Question three could easily have been addressed. My question could not
reasonably have been thought to be a query concerning KS4 of the Welsh
National Curriculum
My complaint is that a reasonable request for FOIA information was not
dealt with in a helpful fashion and FCC did not act within the spirit of
the Act.Before refusing my request they did not try to inform me of their
perceived difficulties or ask me to modify that request.

The replies are inconsistent FCC take the position that you cannot request
advice or opinion unless that advice or opinion is already recorded in a
document held by the County Council, yet it goes on to state “setting out
the current position of the Council in relation to the commissioning of
consultants by DEFRA”,

It is troubling that, Mrs. Matischok, the person who gave the original
reply also conducted the internal review.

It is the practice of many authorities that when they acknowledge FIR’s
they also confirm the questions raised in that FIR. This also gives the
opportunity to agree the questions at the beginning of the 20 “working
days” window. FCC limits itself to an automated response.

I do respect FCC and in many areas admire them but when this FIR is read
along with
[2]https://www.whatdotheyknow.com/request/a...
it seems there is a reluctance to provide requested information. That
reluctance probably results in a greater overhead than that required to
service the request positively.
I consider the responses of FCC to be evasive and not responsive.

Under these circumstances I will be referring this string of messages to
the ICO for review.

Yours faithfully,

Colin Barber

show quoted sections

Dear Flintshire Council,

You are probably aware that I referred this matter to the Information Commissioner and I wished the readers of this request to be aware of the result which can be seen here http://search.ico.org.uk/ico/search/deci...

Yours faithfully,

Colin Barber