Vanguard

The request was partially successful.

Dear Stoke on Trent City Council,

Could you provide copies of correspondence including letters, emails or records of telephone calls between the councils Chief Executive and Vangaurd during 2011.

Yours faithfully,

trevor jones

Stephanie Lowe, Stoke on Trent City Council

Dear Mr Jones
Your request for information
Thank you for your request for information about Vanguard and the Chief
Executive. Your request was received on 2 September 2011 and I am dealing
with it under the terms of the Freedom of Information Act 2000.
In some circumstances we may charge for information. If there is a charge
I will let you know as you will have to pay it before we deal with your
request.
Some information does not have to be released under the Freedom of
Information Act. We will check the information you have asked for and send
you as much as possible. If another person or organisation is named in the
information we may have to ask their opinion before we decide what we can
give you.

You should expect to receive a response to your request on or before 30
September, in line with the Acts 20 working day statutory deadline.

For your information we may publish the response to your request on our
City Council's website, which can be found at the following address:
[1]www.stoke.gov.uk.

If you have any queries about this email please do not hesitate to contact
me.
Yours sincerely

Stephanie Lowe | Business Administration Administrator
Supporting Information Rights
Business Services Directorate
Stoke-on-Trent City Council
Stoke Town Hall
ST4 1HH
01782 232853

________________________________________________________________

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Buck U. Fogal left an annotation ()

It is due today, isn't it?

Hannah Holdcroft, Stoke on Trent City Council

Dear Mr Jones

 

Your request for information on correspondence

 

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 up to an additional 20 days to
take a decision on where the balance of the public interest lies.
Therefore, we plan to let you have a response by 31st October 2011. If it
appears that it will take longer than this to reach a conclusion, we will
keep you informed.

 

The specific exemptions which may apply in relation to your request are
Section 40 (Personal data), Section 41 (Information provided in
confidence) and Section 43 (Commercial Interests) of the Act.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to: Freedom of Information and Data Protection Manager,
Support: Business Services, Stoke Town Hall, Glebe Street, ST4 1HH or
email [1][Stoke on Trent City Council request email].

 

If, after contacting us, you are not content with the outcome, you may ask
the Information Commissioner for a decision.  Generally, the Information
Commissioner cannot make a decision unless you have already used our
appeal procedure. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.

 

Yours sincerely,

Information Rights

 

 

Information Rights | Support: Business Services 

City of Stoke-on-Trent 

GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH

t 01782 232853

e [Stoke on Trent City Council request email]

 

 

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craig jones left an annotation ()

SOTCC seem to be behaving quite difficultly lately.

We shall see what they come up with!

Dear Hannah Holdcroft,

This response is now overdue the 31st October deadline stated by you.

Yours sincerely,

trevor jones

FOI, Stoke on Trent City Council

Dear Mr Jones

Thank you for your email.

Please accept my apologies for the delay in providing your response.

I hope to be able to provide the response to you no later than 9th November.

Yours sincerely,
Information Rights

Information Rights | Support: Business Services
City of Stoke-on-Trent
GF23 Stoke Town Hall Glebe Street Stoke-on-Trent ST4 1HH
t 01782 232853
e [Stoke on Trent City Council request email]

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FOI, Stoke on Trent City Council

Dear Mr Jones

Further to my email below I am writing to inform you that unfortunately I am still not in a position to provide you with a response to your Freedom of Information request. I will continue to work on putting a response together and will provide that to you as soon as possible.

I apologise for any inconvenience that this may have caused.

If you are happy with this, you may contact the Information Commissioner. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,
Information Rights

Information Rights | Support: Business Services
City of Stoke-on-Trent
GF23 Stoke Town Hall Glebe Street Stoke-on-Trent ST4 1HH
t 01782 232853
e [Stoke on Trent City Council request email]

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Mark James left an annotation ()

I have noticed that the replies to foi requests no longer identify a person that handles the request, or is identified as being responsible for the relevant requests resolvement.Is the fact that a name of a dept. is being used makes it a room 101 approach. As the response indicates a personal reply by using "I" why aren't they identified in the response, honesty and transparency, humbug!

Marcin Musial left an annotation ()

What is interesting that they did not give the date this time. I think it is unlawful.

Andi left an annotation ()

By the city council failing to follow due process (not complying with 20 day notification) you now have the right to the default action of escalating your complaint to an higher authority (in this instance - The Information Commissioner's Office)

FOI, Stoke on Trent City Council

7 Attachments

Dear Mr Jones

 

Your request for information on correspondence with Vanguard

 

We have now considered your request for information and although we do
hold the information that you have asked for, some of it is exempt under
sections 21 (Accessible by other means), 40 (Personal data) and 36
(Prejudice to the effective conduct of public affairs) of the Freedom of
Information Act 2000 and as such this will not be provided. A copy of the
information which can be provided is attached.

 

The Council’s Monitoring Officer believes that the exemption at section
36(2) (b) of the Act applies to the information requested. As a qualified
person, for the purposes of the Act it is the Monitoring Officer’s
reasonable opinion that disclosure of the information would be likely to
inhibit the free and frank provision of advice or the free and frank
exchange of views for the purposes of deliberation.

 

The Monitoring Officer further believes that the public interest in
withholding the information is stronger than the public interest in
disclosing it. This is because the public interest is not best served by
restricting an authority's ability to provide or receive the best
available advice and specialist knowledge.

 

Under section 21 of the Freedom of Information Act we do not have to
provide information if it is already reasonably accessible to you.

 

Document 5 of the correspondence 'Liberation Welfare' Edited by Paul Gregg
and Graeme Cooke can be found by accessing the following link:
[1]http://www.demos.co.uk/publications/libe.... If you do not
have access to the Internet you may be able to use facilities at your
local library.

 

Section 40(2) of the Act allows us to withhold information if it relates
to someone other than the data subject and where disclosing the
information would contravene the principles of the Data Protection Act
1998.

 

If you have any queries about this email, please do not hesitate to
contact me.

 

If you are unhappy with the service that you have received in relation to
your request and wish to make a complaint or request a review of our
decision, you should write to: Freedom of Information and Data Protection
Manager, Support: Business Services, Stoke Town Hall, Glebe Street, ST4
1HH or email [2][Stoke on Trent City Council request email].

 

If, after contacting us, you are not content with the outcome, you may ask
the Information Commissioner for a decision. Generally, the Information
Commissioner cannot make a decision unless you have already used our
appeal procedure. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.

 

Yours sincerely,

Information Rights

 

 

Information Rights | Support: Business Services 

City of Stoke-on-Trent 

GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH

t 01782 232853

e [3][Stoke on Trent City Council request email]

 

 

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Dear Stoke on Trent City Council,

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

I am writing to request an internal review of Stoke on Trent City Council's handling of my FOI request 'Vanguard'.

It is my opinion that the reason given does not outweigh the public interest in how £100,000's of public money is being spent and contracts being given with no competition, illegally in breach of EU an UK procurement law, to companies with past connections with the Chief Executive.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/va...

Yours faithfully,

trevor jones

FOI, Stoke on Trent City Council

Dear Mr Jones,

Thank you for your request for an Internal Review.

Please can you confirm the reference number for your request as this will ensure we identify the correct request.

Kind Regards

Information Rights | Customer Access
Chief Executives Office
City of Stoke-on-Trent
GF23 Stoke Town Hall Glebe Street Stoke-on-Trent ST4 1HH
t 01782 232853
e [Stoke on Trent City Council request email]

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Dear FOI,

You have not issued me with a reference number so I've no idea!

The history can be found at

http://www.whatdotheyknow.com/request/va...

Yours sincerely,

trevor jones

FOI, Stoke on Trent City Council

Dear Mr Jones,

SOT10044 Freedom of Information Internal Review regarding your request for information about Vanguard

Thank you for your correspondence requesting an Internal Review, which was received on 31/03/2012, regarding your request for information about Vanguard.

An internal review is not a statutory requirement and there is no statutory timescale for the Council to respond. However the Council does offer an internal review and it does aim to deal with these quickly and where possible within 20 working days. However sometimes this is not possible, but please be assured that we will conduct a review and you will receive a response.

If you have any queries about this email please do not hesitate to contact us.

Yours sincerely,
Information Rights

Information Rights | Customer Access
Chief Executives Office
City of Stoke-on-Trent
GF23 Stoke Town Hall Glebe Street Stoke-on-Trent ST4 1HH
t 01782 235965
e [Stoke on Trent City Council request email]

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Marcin Musial left an annotation ()

It is due already, isn't it?

Louise Kelly, Stoke on Trent City Council

Dear Mr Jones,
 
Your internal review response regarding Correspondence with Vanguard
 
We are aware that you have not received a response to your freedom of
information internal review, received on 6/04/2012 which was due on
8/05/2012.  We apologise for the delay and any inconvenience that this may
cause.
 
Your internal review requires the council to reconsider the exemption
applied at Section 36 (Prejudice to effective conduct of public affairs)
of the Freedom Information Act.
 
As the qualified person, for the purposes of the Act, the Council's
Monitoring Officer must be consulted regarding his reasonable opinion in
relation to the application of this exemption.  Unfortunately the
qualified person is currently on leave, however please be assured that we
will endeavour to provide you with a response as soon as is possible on
his return next week.
 
If, after contacting us, you are not content with the outcome, you may ask
the Information Commissioner for a decision. Generally, the Information
Commissioner cannot make a decision unless you have already used our
Internal Review procedure. The Information Commissioner can be contacted
at: The Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.
 
If you have any queries or concerns about this email, please do not
hesitate to contact me.
 
Yours sincerely,
Information Rights
 
 
Information Rights | Customer Access
Customer Feedback & Information Rights Team
People – Adult & Neighbourhood Services
City of Stoke on Trent
Civic Centre Glebe Street Stoke on Trent ST4 1HH
T: 01782 232853
e: [1][Stoke on Trent City Council request email]
 

Stoke-on-Trent a Host Community for the London 2012 Olympic Torch Relay
 
**********************************************************************
Our vision is to provide Excellent Services, Valued by Customers, if you
think we have given you a good service, please click here to find out
about our awards: [2]www.stoke.gov.uk/wowawards
 

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References

Visible links
1. mailto:[Stoke on Trent City Council request email]
2. http://www.stoke.gov.uk/wowawards

Dear Louise Kelly,

Can I prompt you yet again for a response.

Yours sincerely,

trevor jones

Louise Kelly, Stoke on Trent City Council

Dear Trevor,

We are just completing final checks and you will have the response very soon, we apologise for the delay.

Regards

Louise

Louise Kelly | Information Rights Manager
Customer Feedback & Information Rights Team, People – Adult & Neighbourhood Services
City of Stoke-on-Trent 
Civic Centre,  Glebe Street   Stoke-on-Trent   ST4 1HH
t 01782 235965
e [email address]

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FOI, Stoke on Trent City Council

4 Attachments

Dear Mr Jones,

 

SOT10044 Freedom of Information Internal Review regarding your request for
information about correspondence with Vanguard

We have now conducted an Internal Review regarding your request for
information about correspondence with Vanguard.  The council apologises
for the delay in responding to your review and for any inconvenience this
may have caused.  We can confirm that your review has been upheld in
part.  Please find our explanation for this below.

 

Your request:

 

Could you provide copies of correspondence including letters, emails or
records of telephone calls between the councils Chief Executive and
Vanguard during 2011.

 

Summary of the Council’s response to your request:

We have now considered your request for information and although we do
hold the information that you have asked for, some of it is exempt under
sections 21 (Accessible by other means), 40 (Personal data) and 36
(Prejudice to the effective conduct of public affairs) of the Freedom of
Information Act 2000 and as such this will not be provided.  A copy of the
information which can be provided is attached.

 

The Council’s Monitoring Officer believes that the exemption at section
36(2) (b) of the Act applies to the information requested. As a qualified
person, for the purposes of the Act it is the Monitoring Officer’s
reasonable opinion that disclosure of the information would be likely to
inhibit the free and frank provision of advice or the free and frank
exchange of views for the purposes of deliberation.

 

The Monitoring Officer further believes that the public interest in
withholding the information is stronger than the public interest in
disclosing it. This is because the public interest is not best served by
restricting an authority's ability to provide or receive the best
available advice and specialist knowledge.

 

Under section 21 of the Freedom of Information Act we do not have to
provide information if it is already reasonably accessible to you.

 

Document 5 of the correspondence 'Liberation Welfare' Edited by Paul Gregg
and Graeme Cooke can be found by accessing the following link:
[1]http://www.demos.co.uk/publications/libe.... If you do not
have access to the Internet you may be able to use facilities at your
local library.

 

Section 40(2) of the Act allows us to withhold information if it relates
to someone other than the data subject and where disclosing the
information would contravene the principles of the Data Protection Act
1998.

 

(Note: Attachments were provided also.)

 

Your Internal Review:

 

It is my opinion that the reason given does not outweigh the public
interest in how £100,000's of public money is being spent and contracts
being given with no competition, illegally in breach of EU an UK
procurement law, to companies with past connections with the Chief
Executive.

 

Investigation and Findings:

 

Your internal review states that you consider that the public interest
arguments the council has provided to you do not outweigh the public
interest in releasing the information.  Further investigation into the
council's original response to you has identified that part of the
information that was withheld from your original response included third
party personal contact details under Section 40(2) of the Act.  To
confirm, this part of the exemption at Section 40 is absolute and as such
is not subject to a public interest test.

 

Therefore the council has interpreted that you wish for it to reconsider
the public interest arguments which it applied to the information withheld
under Section 36 of the Freedom of Information Act.

 

The Monitoring Officer has now reconsidered his original opinion, provided
to you in the Council's response of the 6/12/2011.  Please find attached
above the information that can now be released.  However, the Monitoring
Officer has confirmed that in his reasonable opinion some information
should still be withheld on the grounds that Section 36(2)(b)(ii) of the
Act continues to apply and the public interest is best served in
withholding this information.

 

This is because the Monitoring Officer believes that the release of this
information will prejudice the exchange of free and frank views and
advice.  To explain, the council needs to be able to rely on the openness
and candour of Vanguard personnel so that it can deliberate and determine
appropriate courses of action and it would not wish to impair the quality
of decision making that may occur should such comments or frankness be
released into the public domain.  This information has been redacted and
will not be provided.

 

Other information has also been redacted as the exemptions at Section 43
(commercial interests) and Section 40 (personal information) of the
Freedom of Information Act apply.

 

Section 40(2) of the Act allows us to withhold information if it relates
to someone other than the data subject and where disclosing the
information would contravene the principles of the Data Protection Act
1998.

 

Section 43(2) of the Act allows us to withhold information if disclosure
of the information is likely to prejudice the commercial interests of a
third party.  It is considered that the public interest in withholding the
information is stronger than the public interest in disclosing the
information.  This is because it is felt that it is not in the public
interest for the council to affect third party negotiations with potential
clients, which in turn may harm the relationships between suppliers of
services to the council.

 

If you have any queries about this email, please do not hesitate to
contact us.

 

If you are still not content with the outcome, you may ask the Information
Commissioner for a decision.

 

The Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely,

Information Rights

 

Information Rights | Customer Access

Customer Feedback & Information Rights Team

People – Adult & Neighbourhood Services

City of Stoke-on-Trent

Civic Centre Glebe Street Stoke-on-Trent ST4 1HH

T: 01782 235965

e: [2][Stoke on Trent City Council request email]

Stoke-on-Trent a Host Community for the London 2012 Olympic Torch Relay
 
**********************************************************************
Our vision is to provide Excellent Services, Valued by Customers, if you
think we have given you a good service, please click here to find out
about our awards: [3]www.stoke.gov.uk/wowawards
 

show quoted sections

References

Visible links
1. http://www.demos.co.uk/publications/libe...
2. mailto:[Stoke on Trent City Council request email]
3. http://www.stoke.gov.uk/wowawards