Training in relation to s444(1)

Waiting for an internal review by Birmingham City Council of their handling of this request.

Dear Birmingham City Council,

For Steve Cullen

"
Training is provided by a third party and their training material is
copyright material for which they make a charge, so is not available for
release to you under the terms of the Freedom of Information Act."

Firstly, you can't simply refuse because there's a charge...

Please supply the name, address, telephone number of the training provider.

Please supply a copy of invoices from the provider for the past twelve months...

Please supply details of the number of staff who have attended these training sessions.

Please supply a copy of all communication (EMAIL) with the training provider relating to the training.

Yours faithfully,

Wayne Pearsall

CIG Contacts, Birmingham City Council

Dear Mr Pearsall

 

The training provider for schools is:

 

Pupil Attendance Consultancy & Training Ltd, 17 Vesey Road, Sutton
Coldfield, B73 5N, Email: [1][email address]

 

Schools book with the training provider and therefore all the training
materials are provided by them.   We do not hold details of which schools
or how many staff have attended the training as they maintain their own
budgets.  There are no invoices because the training provider charges
schools directly and we do not pay PACT to provide the training. 

 

Any emails that are held will relate to dates and venues for training so
our staff can let schools know about availability should they be asked. 
As you have made a number of intrinsically linked requests I believe that
you are placing an undue burden on one member of staff to provide response
data, which will inevitably have an impact on their ability to undertake
their normal working duties.  I believe that a search of email accounts
for data which would not be of wide public interest would therefore not be
wise use of public funds and would hope that you understand this as you
are obviously concerned about how public funds are spent.

 

Yours sincerely,

Steve Cullen

Information Governance Manager

Governance and Policy Team

Directorate for People

Birmingham City Council

PO Box 16568

10 Woodcock Street

Birmingham B7 4BL

 

Tel: 0121 464 4591

Email: [email address]

 

From: Saroj Rama On Behalf Of FOI Mailbox
Sent: Friday, April 08, 2016 7:25 AM
To: Steve Cullen
Cc: FOI Mailbox
Subject: FW: Freedom of Information request - Training in relation to
s444(1)

 

Hi Steve

This is for you to respond

Regards

Saroj Rama
Corporate Information Governance Team
10 Woodcock Street
Aston
Birmingham
B7 4BL
Telephone: 0121 303 2080

Email: [2][email address]

show quoted sections

Dear CIG Contacts,

Actually Steve, the information is of wide public interest. There is no significant burden on any one member of staff.

You believe I am worried about how public funds are spent, however, this is not the case. My worry is any civil and political freedoms as established in both UK and international law.

The term time holiday penalties should be taking into account all human rights and other international law, it has came to my attention that this is not the case.

Your statement on my previous request stated that you require schools to undergo training to use the service. Surely you hold some form of email which evidences that said training has been conducted.

You stayed that you hold the data I seek, but the data is paid for... So in this case why do you hold no invoices?

Yours sincerely,

Wayne Pearsall

Dear CIG Contacts,

Further more Steve, I am sure that a single member of staff (as you've claimed) would not be significantly burdened by searching his /her inbox for the organisations email address. I consider such a search would take no more than fifteen minutes, as exporting the emails is pretty automated in almost every single email application.

The test for refusal to comply with my request is s.12, which I know is not engaged.

Yours sincerely,

Wayne Pearsall

CIG Contacts, Birmingham City Council

Dear Mr Pearsall

There is no simple way to search for all correspondence relating to the training - only emails to and from PACT would be retrievable in this way. Others could only be located by opening and viewing the contents of any message which could potentially hold data on the subject. Even then the contents would still need to be considered as to whether it would impact upon the This is a burden on one staff member as all your requests are being processed by a single person and this is impacting on their ability to carry out their normal duties.

Yours sincerely,
Steve Cullen
Information Governance Manager
Governance and Policy Team
Directorate for People
Birmingham City Council
PO Box 16568
10 Woodcock Street
Birmingham B7 4BL

Tel: 0121 464 4591
Email: [email address]

show quoted sections

Dear CIG Contacts,

OK then Steve. I'll revise my request to you for you to provide all communication with PACt, so as to reduce any Perceived burden.

Many thanks

Yours sincerely,

Wayne Pearsall

CIG Contacts, Birmingham City Council

Dear Mr Pearsall

Thanks you for this - I will ask for these to be collated. We will respond once we have received them.

Yours sincerely,
Steve Cullen
Information Governance Manager
Governance and Policy Team
Directorate for People
Birmingham City Council
PO Box 16568
10 Woodcock Street
Birmingham B7 4BL

Tel: 0121 464 4591
Email: [email address]

show quoted sections

Dear CIG Contacts,

Many thanks Steve. I look forward to the information.

Yours sincerely,

Wayne Pearsall

Dear CIG Contacts,

Hi Steve.

I approached pact, the MD Wendy Scott has informed me that I cannot purchase the material.

Therefore s.21 is not engaged. Please supply the information requested.

Copyright etc is not an exemption in the FOIa, as there is a statutory defence under the legislation to provide the information.

Dear Wayne, thank you for your enquiry.

You do not say who informed you that the materials could be purchased, but this is in fact incorrect. To access any of our course materials you would need purchase a place on the course and attend the session. You can book through our online booking system at www.thepactgroup.co.uk

All courses are open to schools and local authorities, with the exception of the "School Attendance and the Legal Process" course, which is exclusive to Birmingham schools and attendance is only for staff working in and for, schools within the Birmingham local authority.

Kind regards,

Wendy Scott
Managing Director
PAC&T Ltd

Yours sincerely,

Wayne Pearsall

Dear CIG Contacts,

Hi Steve, I've had further contact with Wendy, and I've done some digging... Her account filings are interesting... https://beta.companieshouse.gov.uk/compa...

I wonder, what tender process was taken for your contract with PACt. Can you provide the full contract.

I'm informed that the council created the training course and pact simply provides the training on the legal processes etc. So further to my previous message, clearly the council is obliged to provide the information.

As pact are acting as agents for the council, information they hold also falls for disclosure under the FOIa.

Yours sincerely,

Wayne Pearsall

Dear CIG Contacts,

Steve...

I've found more evidence that the council are the information holders...

TRAINING OPPORTUNITIES
with EDUCATION WELFARE

School Attendance and the Legal Process:
moving forward and bringing cases

Suitable for: All Academies and Maintained Schools, Designated Liaison Person for pupil attendance; Head teachers; SLT Attendance Leads; Attendance Managers with leadership responsibility for attendance.

Learning Outcomes

This course is intended to help delegates:

• To understand how, why and when we take legal action
• To clarify the role of Schools/Academies and the Designated Liaison Person
• To effectively run a Spotlight Campaign: Timeline, letters, SARMs, Statements, appearing in Court and publicising outcomes
• To correctly record actions taken to meet the requirements of evidence in prosecutions
• To understand the process of working directly with the EWS Court Section to effectively prepare cases for prosecution

Course Details. The trainer for this course is Samantha Yan, Court Advisor, BCC

Date: 5th November 2015 Time: 9:30 am – 1:00pm

Please supply the information promptly... I assume Samantha Yan will be able to assist in this matter...

Yours sincerely,

Wayne Pearsall

Wayne Pearsall left an annotation ()

For clarification, this request stems from: https://www.whatdotheyknow.com/request/b...

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