Will the Legal Dispute between SCC and SW1 be heard in a public court?

Dave Orr made this Freedom of Information request to Somerset County Council

Somerset County Council did not have the information requested.

From: Dave Orr

13 December 2012

Dear Somerset County Council,

It has been reported that the controversial joint venture SW1 (75%
ponwed by IBM) is suing Somerset County Council (SCC) and that in
return SCC is counter-suing SW1.

Q1. Will this dispute be heard in a court open to the public
including Somerset taxpayers?

Q2. Has a court and date been agreed? If so please provide details.
If not, please notify me when details are known.

Yours faithfully,

Dave Orr

Link to this

From: Somerset Direct - FOI
Somerset County Council

17 December 2012

Dear Dave

Thank you for contacting Somerset County Council. I have logged your FOI
request with the relevant department. Your reference number is 2282223.
If you require any further assistance please do not hesitate to contact
us again.

show quoted sections

Robert Taylor

show quoted sections

The Deane House
Belvedere Road
Taunton
TA1 1HE

show quoted sections

Southwest One - working in partnership with
Somerset County Council, Taunton Deane
Borough Council & Avon and Somerset
Police.

show quoted sections

6373780

show quoted sections

Link to this

From: Business Development - Resources
Somerset County Council

17 December 2012

Link: [1]File-List

Dear Mr Orr

 

Thank you for your request for information of which we are dealing with
under the Freedom of Information Act 2000.  We are currently dealing with
your request and will be in touch shortly concerning disclosure of the
information you have requested.

 

The legislation obliges us to provide you with this information within 20
working days, so we will endeavour to send our response to you by

15 January 2013.

 

Yours sincerely

 

 

Communications Team

FOI / EIR Co-ordinator

Tel: 01823 355584,

Email: [2][email address].uk 

Somerset County Council, County Hall, Taunton, TA1 4DY

URL: [3]www.somerset.gov.uk

 

FOI Disclosure Log URL: [4]http://www.somerset.gov.uk/disclosurelog

 

 

This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email may nevertheless contain viruses which our
anti-virus software has failed to identify.  You should therefore carry
out your own anti-virus checks before opening any documents.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

Visible links
1. file:///tmp/cid:filelist.xml@01CD6A6A.10C9A320
2. mailto:[email address]
3. file:///tmp/www.somerset.gov.uk
4. http://www.somerset.gov.uk/disclosurelog

Link to this

From: Business Development - Resources
Somerset County Council

17 December 2012

Business Development - Resources would like to recall the message, "Freedom of Information request 2282223 - ref 1577 - Acknowledgement".
This email, and any attachments is intended solely for the individual to whom it is addressed. It may contain personal and / or sensitive material and should be handled according to the principles of the Data Protection Act 1998. If this email carries a protective marking of PROTECT or RESTRICTED in the header it should be handled according to HMG guidelines, if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately.

Whilst we take reasonable steps to try to identify any software viruses, any attachments to this email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Somerset County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this email.

All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.

Link to this

From: Business Development - Resources
Somerset County Council

17 December 2012

Link: [1]File-List

Dear Mr Orr

 

Thank you for your request for information of which we are dealing with
under the Freedom of Information Act 2000.  We are currently dealing with
your request and will be in touch shortly concerning disclosure of the
information you have requested.

 

The legislation obliges us to provide you with this information within 20
working days, so we will endeavour to send our response to you by

15 January 2013.

 

Yours sincerely

 

 

Communications Team

FOI / EIR Co-ordinator

Tel: 01823 355584,

Email: [2][email address].uk 

Somerset County Council, County Hall, Taunton, TA1 4DY

URL: [3]www.somerset.gov.uk

 

FOI Disclosure Log URL: [4]http://www.somerset.gov.uk/disclosurelog

 

 

This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email may nevertheless contain viruses which our
anti-virus software has failed to identify.  You should therefore carry
out your own anti-virus checks before opening any documents.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

Visible links
1. file:///tmp/cid:filelist.xml@01CD6A6A.10C9A320
2. mailto:[email address]
3. file:///tmp/www.somerset.gov.uk
4. http://www.somerset.gov.uk/disclosurelog

Link to this

From: Dave Orr

15 January 2013

Dear Somerset County Council,

This is due today.

Please advise on progress.

Yours faithfully,

Dave Orr

Link to this

From: Dave Orr

16 January 2013

Dear Business Development - Resources,

This FOI is now overdue.

Please advise on progress.

Yours sincerely,

Dave Orr

Link to this

From: Dave Orr

16 January 2013

Dear Somerset Direct - FOI,

This FOI is now overdue.

Please advise on progress.

Yours sincerely,

Dave Orr

Link to this

From: Somerset Direct - FOI
Somerset County Council

16 January 2013

Dear Dave

Thank you for your further enquiry.
I have forwarded your e-mail to the Information Governance team to chase
up your request.

show quoted sections

Robert Taylor

show quoted sections

The Deane House
Belvedere Road
Taunton
TA1 1HE

show quoted sections

Southwest One - working in partnership with
Somerset County Council, Taunton Deane
Borough Council & Avon and Somerset
Police.

show quoted sections

6373780

show quoted sections

Link to this

From: Business Development - Resources
Somerset County Council

17 January 2013

Dear Mr Orr

 

I am writing in respect of your recent request for information from
Somerset County Council, which has been dealt with under the provisions of
the Freedom of Information Act 2000.

 

I am sorry for the delay in returning our response to you.

 

I can confirm that we do hold the information that you are seeking and we
are able to provide it to you.

 

Our response is detailed in bold format underneath your questions as
follows.

 

Q1.  It has been reported that the controversial joint venture SW1 (75%
owned by IBM) is suing Somerset County Council (SCC) and that in return
SCC is counter-suing SW1.

 

Q1a.  Will this dispute be heard in a court open to the public including
Somerset taxpayers?

 

A1a.  Yes

 

Q1b.  Has a court and date been agreed? If so please provide details. If
not, please notify me when details are known.

 

A1b.  The court is the High Court in London.  The court has provisionally
set aside time for a hearing in November 2013 however as this date is
provisional it could change to as late as 2014.

 

If you feel your request has not been answered in sufficient detail or if
you wish to clarify the information given, please contact me and I will be
happy to address the issues you raise.

 

If you are not satisfied with the way in which your request has been dealt
with, or the information you have received, you can ask for an internal
review of our decision.

 

Please send your request to:

 

Peter Grogan, Information Governance Team, Client Services

Somerset County Council, A2 West, County Hall, Taunton, Somerset, TA1 4DY
or email [1][email address]

 

Please quote the reference number 2282223 in any future communications.

 

An internal review will then be carried out and we will write to you with
the results of our investigation. If you are not content with the outcome
of our review, you may then apply directly to the Information
Commissioner’s Office ([2]www.ico.gov.uk) for an appeal.  The Information
commissioner can be contacted at: Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 0303 123 1113

 

Finally, please be aware that your response will appear, without your
contact details, on the Council’s website at:

 

[3]http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely,

 

Communications Team

FOI / EIR co-ordinator

Tel: 01823 355584,

Email: [4][email address].uk 

Somerset County Council, County Hall, Taunton, TA1 4DY

URL: [5]www.somerset.gov.uk

 

FOI Disclosure Log URL: [6]http://www.somerset.gov.uk/disclosurelog

 

This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email may nevertheless contain viruses which our
anti-virus software has failed to identify.  You should therefore carry
out your own anti-virus checks before opening any documents.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

Visible links
1. mailto:[email address]
2. file:///tmp/www.ico.gov.uk
3. http://www.somerset.gov.uk/disclosurelog
4. mailto:[email address]
5. file:///tmp/www.somerset.gov.uk
6. http://www.somerset.gov.uk/disclosurelog

Link to this

From: Dave Orr

18 January 2013

Dear Business Development - Resources,

Can you now please supply papers from the Preliminary hearing(s)
held, disclsoing the Judge's advice and ruling(s).

Yours sincerely,

Dave Orr

Link to this

From: Dave Orr

18 January 2013

Dear Somerset County Council,

Can you now please supply papers from the Preliminary hearing(s)
held, disclosing the Judge's advice and ruling(s).

Yours faithfully,

Dave Orr

Link to this

From: Dave Orr

18 January 2013

Dear Somerset Direct - FOI,

Can you now please supply papers from the Preliminary hearing(s)
held, disclosing the Judge's advice and ruling(s).

Yours sincerely,

Dave Orr

Link to this

From: Business Development - Resources
Somerset County Council

18 January 2013

Somerset Direct ref: n/a

Council internal ref: 1616

Date request received: 18 January 2013

Due date of response: 15 February 2013

 

Dear Mr Orr

 

Thank you for your request for information of which we are dealing with
under the Freedom of Information Act 2000.  We are currently dealing with
your request and will be in touch shortly concerning disclosure of the
information you have requested.

 

The legislation obliges us to provide you with this information within 20
working days, so we will endeavour to send our response to you by 15
February 2013.

 

Yours sincerely

 

Communications Team

FOI / EIR co-ordinator

Tel: 01823 355584,

Email: [1][email address].uk 

Somerset County Council, County Hall, Taunton, TA1 4DY

URL: [2]www.somerset.gov.uk

 

FOI Disclosure Log URL: [3]http://www.somerset.gov.uk/disclosurelog

This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email may nevertheless contain viruses which our
anti-virus software has failed to identify.  You should therefore carry
out your own anti-virus checks before opening any documents.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

Visible links
1. mailto:[email address]
2. file:///tmp/www.somerset.gov.uk
3. http://www.somerset.gov.uk/disclosurelog

Link to this

From: Information Governance
Somerset County Council

21 January 2013


Attachment Request information under the FOI Act 2313893.PDF.pdf
64K Download View as HTML


Dear Mr Orr

 

Thank you for your request made under the Freedom of Information Act
(FOIA) 2000.

 

We are currently dealing with your request and will be in touch shortly
concerning disclosure of the information you have requested. If the
Council decides to apply a charge for processing your request, we will
also tell you.

 

The legislation obliges us to provide you with this information within 20
working days, so our response will be sent to you by 18-02-2013.

 

Please be aware that we now publish all responses to requests for
information made under the FOIA, without any details of the requestor, on
the Council’s website.

 

Please see:

 

http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely

 

Information Governance Team

 

Tel: 01823-357194

 

 

Web : www.somerset.gov.uk

 

THINK! - Do you really need to print this email? Save Paper - Save Money -
Reduce Waste

 

show quoted sections

Link to this

From: Business Development - Resources
Somerset County Council

22 January 2013

Somerset Direct ref: n/a

Council internal ref: 1616

Date request received: 18 January 2013

Due date of response: Withdrawn – Duplicate request

 

Dear Mr Orr

 

Further to your request for information dated 18 January 2013, I
understand that you have submitted the same request to Somerset Direct.

 

As a result I am withdrawing this FOI request reference 1616 and your
request will be responded to under reference number 2313893 by the
Information Governance Team.

 

If you are not satisfied with the way in which your request has been dealt
with, or the information you have received, you can ask for an internal
review of our decision.

 

Please send your request to:

 

Peter Grogan, Information Governance Team, Client Services

Resources Directorate, A2 West, County Hall, Taunton, Somerset, TA1 4DY or
email [1][email address]

 

Please quote the reference number 1616 in any future communications.

 

An internal review will then be carried out and we will write to you with
the results of our investigation. If you are not content with the outcome
of our review, you may then apply directly to the Information
Commissioner’s Office ([2]www.ico.gov.uk) for an appeal.  The Information
commissioner can be contacted at: Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 0303 123 1113

 

Yours sincerely

 

Communications Team

FOI / EIR co-ordinator

Tel: 01823 355584,

Email: [3][email address].uk 

Somerset County Council, County Hall, Taunton, TA1 4DY

URL: [4]www.somerset.gov.uk

 

FOI Disclosure Log URL: [5]http://www.somerset.gov.uk/disclosurelog

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

show quoted sections

Link to this

From: Information Governance
Somerset County Council

11 February 2013


Attachment Request information under the FOI Act 2313893.PDF.pdf
64K Download View as HTML


Somerset Direct ref: 2313893

Council Service ref: 1618

Date of request: 21-01-2013

Due date of response: 18-02-2013

Actual date of response: 11-02-2013

 

Dear Mr Orr

 

I am writing regarding your recent request for information to Somerset
County Council, which has been dealt with under the provisions of:

 

o The Freedom of Information Act (FOIA) (2000)

 

Your request made to the Council concerned the legal dispute between
Somerset County Council and South West One and the papers from the
preliminary hearing(s).

 

In response to your question I can confirm that this information is exempt under
section 32 of the Freedom of Information Act 2000, because, to the extent it
exists, it is court records and held by Somerset County Council only by virtue
of being contained in (a) any document filed with, or otherwise placed in the
custody of, a court, (b) any document served upon, or by, a public authority, or
(c) any document created by a court or a member of the administrative staff of a
court, in each case for the purposes of proceedings in a particular cause or
matter.

 

If you feel your request has not been answered in sufficient detail, or if
you wish to clarify the information given, please contact me and I will be
happy to address the issues you raise.

 

If you are not satisfied with the way we have dealt with your request, or
the information you have received, you can ask for an internal review of
our decision.

 

Please send your request to:

 

Peter Grogan

Corporate Information Governance Manager

Information Governance Team

Client Services Team / A2W

County Hall

Taunton

Somerset

TA1 4DY or email [1][email address]

 

We will carry out an internal review and we will write to you with the
results of our investigation.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an appeal.

 

The Information Commissioner can be contacted at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF       Tel: 0303 – 123 1113

 

Please quote the reference numbers at the top of this letter in any future
correspondence.

 

Finally, please be aware that your response will appear, without your
contact details, on the Council’s website at:

 

[2]http://www.somerset.gov.uk/disclosurelog

 

Yours sincerely

 

Information Governance Team

Client Services Team/A2W

County Hall

Taunton

Somerset

TA1 4DY

 

Tel: 01823-357194

Web : [3]www.somerset.gov.uk

 

 

THINK! - Do you really need to print this email? Save Paper - Save Money
- Reduce Waste

 

 

This email, and any attachments is intended solely for the individual to
whom it is addressed. It may contain personal and / or sensitive material
and should be handled according to the principles of the Data Protection
Act 1998. If this email carries a protective marking of PROTECT or
RESTRICTED in the header it should be handled according to HMG guidelines,
if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately.
If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in it or attached,
and all copies must be deleted immediately. 

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email may nevertheless contain viruses which our
anti-virus software has failed to identify.  You should therefore carry
out your own anti-virus checks before opening any documents.  Somerset
County Council will not accept any liability for damage caused by computer
viruses emanating from any attachment or other document supplied with this
email.

All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.

References

Visible links
1. mailto:[email address]
blocked::mailto:[email address]
mailto:[email address]
2. http://www.somerset.gov.uk/disclosurelog
blocked::http://www.somerset.gov.uk/disclosurelog
http://www.somerset.gov.uk/disclosurelog
3. http://www.somerset.gov.uk/
blocked::http://www.somerset.gov.uk/
http://www.somerset.gov.uk/
http://www.somerset.gov.uk/

Link to this

From: Dave Orr

11 February 2013

Dear Information Governance,

Can you please supply me with contact details of the Court involved
so that I may apply directly that to that public body.

Yours sincerely,

Dave Orr

Link to this

From: Dave Orr

11 February 2013

Dear Somerset County Council,

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

I am writing to request an internal review of Somerset County
Council's handling of my FOI request 'Will the Legal Dispute
between SCC and SW1 be heard in a public court?'.

The ICO guidance is here:

http://www.ico.gov.uk/for_organisations/...

"The phrase, 'only by virtue of,' implies that if the public
authority also holds the information elsewhere it may not rely upon
the exemption. For instance, a public authority may have a set of
financial records which are the subject of litigation.

If those records are held only for the purposes of litigation and
are contained in court records, then they are exempt. However, if
it also held the records for another business purpose then they
would not be exempt.

It is important to remember that the proceedings for which the
document covered by the exemption is held must actually have
commenced. The exemption cannot
be stretched to cover proceedings which are merely contemplated
although in such cases it may be possible to rely upon the
exemption relating to legal professional privilege (see Awareness
Guidance No 4).

Examples of court records covered by the exemption include witness
statements, statements of case (particulars of claim, defence,
counterclaim, defence to counterclaim and reply), and details of
when and how a fine is paid, warrants issued by a magistrate at his
home, indictment (charge) sheets and bail
application sheets.

So far as inquiries are concerned, the key factor is whether or not
they are governed by statute. It will often be useful, therefore,
to look at the status of the Version 2.0 Nov 2004 - 4 -
(Updated March 2007 – under review) inquiry and its terms of
reference. If in doubt, it is strongly recommended that FOI
officers seek either the advice of the inquiry itself or of senior
colleagues.

Likewise, information held for the purposes of arbitration is only
exempt if the arbitration is statutory and governed by Part 1 of
the Arbitration Act 1996 and, therefore, subject to a written
arbitration agreement. Again, if the status of the arbitration is
not certain, it is strongly recommended that FOI officers seek
advice.

a) Duty to provide assistance

Although this is an absolute exemption, it does not mean that
requests for information contained in court and other records
covered by the exemption can be ignored. On the contrary, section
16 of the Act places public authorities under an explicit duty to
provide advice and assistance to applicants. In many cases,
assuming that a public authority wishes to rely upon the exemption,
it will be appropriate to refer the applicant to some other means
by which the information requested may be obtained."

I believe that the guidance shows that you should disclose
information if it exists within SCC. And also the court case has
not yet commenced.

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

Yours faithfully,

Dave Orr

Link to this

From: Somerset Direct - FOI
Somerset County Council

11 February 2013

Thank you for contacting Somerset County Council. A member of our
Freedom of Information Team will deal with your enquiry.

Our opening hours are 8am - 6pm Monday to Friday and 9am - 4pm on
Saturdays. Normal text message rates apply, except to T-mobile users,
who may be charged Europe Zone 1 rates.

This communication is intended solely for the person (s) or organisation
it is addressed to. If you are not the intended recipient (s), you must
not copy, distribute or take any action in reliance on it. If you have
received this email in error, please notify the sender and copy the
message to: [email address]

By replying to, or sending an email message to Somerset County Council,
you accept that you have no explicit or implicit expectation of privacy.
In line with the Surveillance and Monitoring Policy, any email messages
(and attachments) transmitted over the Council's network may be subject
to scrutiny.

This email may contain personal and / or sensitive material and should
be handled according to the principles of the Data Protection Act
(1998). If it carries a protective marking of PROTECT or RESTRICTED in
the header, it should be handled according to the Government's
guidelines. If not protectively marked, it can be regarded as
UNCLASSIFIED.

Whilst we take reasonable steps to try to identify any software viruses,
any attachments to this email may contain viruses which our anti-virus
software has not identified. You should therefore carry out your own
anti-virus checks before opening any documents. This Council will not
accept any liability for damage caused by computer viruses that come
from any attachment or other document supplied with this email.

We will hold and use your personal data in line with the Data Protection
Act (1988). We will not give this information to any unauthorised person
or body. However, we may use this information to help improve services,
deal with complaints and comments, and prevent and detect fraud or
crime.

You have a legal right to request to ask to see any personal data which
we hold about you. This called a Data Subject Access Request; phone
Somerset Direct on 0845 345 9166 for more information.

Thank you.

This email, and any attachments is intended solely for the individual to whom it is addressed. It may contain personal and / or sensitive material and should be handled according to the principles of the Data Protection Act 1998. If this email carries a protective marking of PROTECT or RESTRICTED in the header it should be handled according to HMG guidelines, if not protectively marked it can be regarded as UNCLASSIFIED.

If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately.

Whilst we take reasonable steps to try to identify any software viruses, any attachments to this email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Somerset County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this email.

All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.

Link to this

From: Somerset Direct - FOI
Somerset County Council

12 February 2013

Dear Dave

Thank you for contacting Somerset County Council.

I have forwarded your email to our Information Governance department who
will Look into your request. If you require any further assistance
please do not hesitate to contact us again.

show quoted sections

Robert Taylor

show quoted sections

The Deane House
Belvedere Road
Taunton
TA1 1HE

show quoted sections

Southwest One - working in partnership with
Somerset County Council, Taunton Deane
Borough Council & Avon and Somerset
Police.

show quoted sections

6373780

show quoted sections

Link to this

From: Information Governance
Somerset County Council

26 February 2013

Dear Mr Orr

 

I can confirm the following contact details as requested below:

 

·         High Court, Fleet Street, London, Holborn, London EC4Y

 

Yours sincerely

Information Governance Team

 

Tel: 01823-357194

Web : www.somerset.gov.uk

 

THINK! - Do you really need to print this email? Save Paper - Save Money -
Reduce Waste

 

show quoted sections

Link to this

From: Dave Orr

26 February 2013

Dear Information Governance,

Thank you for the High Court information.

After further research and consideration I requested an Internal
Review of the original FOI refusal.

Can you please confirm that an Internal Review is being conducted
and when that is expected to complete?

Yours sincerely,

Dave Orr

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From: Information Governance
Somerset County Council

27 February 2013


Attachment Internal Review 26 02 2013.doc
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Dear Mr Orr

Thank you for your email.

Please find attached the internal review as requested.

Yours sincerely

Information Governance Team

Tel: 01823-357194

Web : www.somerset.gov.uk

THINK! - Do you really need to print this email? Save Paper - Save Money - Reduce Waste

show quoted sections

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From: Dave Orr

27 February 2013

Dear Information Governance,

Your Internal Review refusal does not address the specific issues
that I raised above from the directly relevant ICO paper on court
cases (ICO link above).

You have failed to confirm whether any information for the court
case existed beforehand and should be disclosed e.g. shortfall in
SW1 procurement "assured savings" against forecast of "assured
savings".

If you do not supply any information that must have existed before
the court case, then you will leave me with no option other than
another ICO appeal against an improper or blanket refusal to
disclose.

Please confirm that no information exists that can be disclosed
under the relevant ICO guidance on court cases (ICO link above).

Yours sincerely,

Dave Orr

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From: Dave Orr

24 March 2013

Dear Information Governance (ATTN.Peter Grogan),

ICO Appeal dedaline is 27/3.

A response to this email is outstanding - Please make a final
confirmation (as per below) to avoid the overhead & cost of an ICO
appeal:

=======================================================

From: Dave Orr
Sent: Thursday, March 21, 2013 8:47 AM
To: Peter Grogan
Cc: John Wilkins ; Honor Clarke ; Donna Fitzgerald
Subject: Please confirm explicitly that "records for another
business purpose" have NOT been submitted to the Court.

Dear Mr Grogan,

Thank you for the IM policy papers.

I am not expecting exempt papers as per ICO guidance. But the ICO
clearly states:

‘The phrase, “only by virtue of,” implies that if the public
authority also holds the information elsewhere it may not rely upon
the exemption. For instance, a public authority may have a set of
financial records which are the subject of litigation. If those
records are held only for the purposes of litigation and are
contained in court records, then they are exempt. However, if it
also held the records for another business purpose then they would
not be exempt.’

SCC is countersuing SW1 regarding savings made. That would
naturally raise an expectation that evidence on savings using
pre-existing information would be submitted to the court at some
stage.

Can you please explicitly confirm that there are no submitted court
papers by SCC that contain details on SW1 procurement savings or
other SW1-related details i.e. "records for another business
purpose"?

=======================================================

Yours sincerely,

Dave Orr

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From: Dave Orr

26 March 2013

*** NOT FOR ACTION - UPDATING FOI FOR OFF-SITE CORRESPONDENCE ***

From: Dave Orr
Sent: Monday, March 25, 2013 5:27 PM
To: Peter Grogan
Cc: John Wilkins ; Honor Clarke ; Donna Fitzgerald ; roger conway

Subject: Re: Please confirm explicitly that "records for another
business purpose" have NOT been submitted to the Court.

Dear Mr Grogan,

Quite how SCC has counter-claimed for a lack of savings by SW1,
without utilising previous contract management records (such as
those tracking savings between anticipated & received), will remain
a mystery (for now).

Should court proceedings actually take place, then all submitted
papers (in whatever form) will then be in the public domain and I
trust will corroborate that the form they are in, is within the ICO
guidance, that I have brought to the attention of SCC on several
occasions.

Based upon your explicit confirmation that none of the records that
were submitted to the court “were held for another business
purpose” in any form, I will not proceed with an ICO appeal.

Yours sincerely,

David Orr.
-------------------------------------------------------

From: Peter Grogan
Sent: Monday, March 25, 2013 4:45 PM
To: Dave Orr
Cc: John Wilkins ; Honor Clarke ; Donna Fitzgerald

Subject: RE: Please confirm explicitly that "records for another
business purpose" have NOT been submitted to the Court.

Dear Mr Orr

Thank you for your email

I can confirm that none of the submitted court papers were prepared
for any other purpose other than to claim and counterclaim and that
the documents submitted did not exist in this form until the
commencement of proceedings in September 2012.

Yours sincerely

Peter Grogan
Information Governance Manager
Tel 01823 357175
Mob 07500 882481

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

From: Dave Orr [mailto:[email address]]
Sent: 21 March 2013 08:47
To: Peter Grogan
Cc: John Wilkins; Honor Clarke; Donna Fitzgerald
Subject: Please confirm explicitly that "records for another
business purpose" have NOT been submitted to the Court.
Importance: High

Dear Mr Grogan,

Thank you for the IM policy papers.

I am not expecting exempt papers as per ICO guidance. But the ICO
clearly states:

‘The phrase, “only by virtue of,” implies that if the public
authority also holds the information elsewhere it may not rely upon
the exemption. For instance, a public authority may have a set of
financial records which are the subject of litigation. If those
records are held only for the purposes of litigation and are
contained in court records, then they are exempt. However, if it
also held the records for another business purpose then they would
not be exempt.’

SCC is countersuing SW1 regarding savings made. That would
naturally raise an expectation that evidence on savings using
pre-existing information would be submitted to the court at some
stage.

Can you please explicitly confirm that there are no submitted court
papers by SCC that contain details on SW1 procurement savings or
other SW1-related details i.e. "records for another business
purpose"?

Yours sincerely,

David Orr.
-------------------------------------------------------
From: Peter Grogan
Sent: Thursday, March 21, 2013 8:13 AM
To: Dave Orr
Cc: Donna Fitzgerald ; John Wilkins ; Honor Clarke

Subject: RE: SCC Policy information, plus a further clarification
on a refused FOI (Somerset Direct ref: 2313893 Service Ref: 1618).

Dear Mr Orr

Policy Documents

I can confirm that the following policies have been consulted on
with staff and Unions and recently signed off by IRO Richard
Williams.

· Data Destruction Policy
· Records Retention Policy
· Records Management Policy

The current policies are attached to the email

FOI Request and subsequent Internal Review - 2313893

With regard to the second issue and your request for the documents
pertaining to the ongoing legal dispute and court action between
SCC and SWOne.

I concur with the previous decisions and internal review that have
determined that the information is part of the preceding
arbitration and court process and therefore exempt under section
32.

http://www.legislation.gov.uk/ukpga/2000...

The initial legal action commenced in early September 2012 followed
by subsequent arbitration and court proceedings which are still
under way. Papers submitted to the court as part of this process
are exempt.

I confirm that none of the information you requested has fallen
outside of this exemption.

The ICO guidance states ICO Guidance Section32 The information
covered is that which is held “only by virtue” of being contained
in documents which have been:

• filed with or otherwise placed in the custody of a court (or
tribunal), or
• served upon or by a public authority, for the purposes of court
proceedings (including inquests and post mortem examinations), or
• placed in the custody of a person conducting an inquiry or
arbitration or the purposes of that inquiry or arbitration, or
• created by a court or member of the administrative staff for the
purposes of court proceedings, or
• created by a person conducting an inquiry or arbitration for the
purposes of that inquiry or arbitration.

Somerset County Council relies upon the fact that the documentation
you requested falls under the description outlined above

The ICO guidance further states

Examples of court records covered by the exemption include witness
statements, statements of case (particulars of claim, defence,
counterclaim, defence to counterclaim and reply), and details of
when and how a fine is paid, warrants issued by a magistrate at his
home, indictment (charge) sheets and bail application sheets.

Somerset County Council relies upon the fact that these documents
refer to “statements of case (particulars of claim, defence,
counterclaim, defence to counterclaim and reply)”

I hope that this is a comprehensive answer to your questions, if
you need any further clarification please contact me

Regards

Peter Grogan
Information Governance Manager
Tel 01823 357175
Mob 07500 882481
-------------------------------------------------------

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