Author Topic: freedom of information act  (Read 12213 times)

Redpippin

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Re: freedom of information act
« Reply #20 on: January 20, 2013, 11:09:21 »
Thank you Unwashed, I really appreciate your help, Id be lost without it.
I will do what you recommended and drop a letter in tomorrow for the Town Clerk.

Redpippin

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Re: freedom of information act
« Reply #21 on: February 19, 2013, 12:39:04 »
Hi Unwashed
I followed your advice and dropped a letter off at the Town Hall, Monday morning 21st January, I remind the Town Clerk that all of this needed to be done within 20 working days of my request. I think I should have had some sort of reply before today, Tuesday, 19th February but up to now nothing. Could you please let me know how to proceed, your help is really appreciated.

Unwashed

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Re: freedom of information act
« Reply #22 on: February 19, 2013, 13:24:30 »
Hi Unwashed
I followed your advice and dropped a letter off at the Town Hall, Monday morning 21st January, I remind the Town Clerk that all of this needed to be done within 20 working days of my request. I think I should have had some sort of reply before today, Tuesday, 19th February but up to now nothing. Could you please let me know how to proceed, your help is really appreciated.
Your town council are simply ignoring their duty to follow the Freedom of Information Act, but other than the possibility of some adverse press coverage there's really no reason why they should at this stage.  It's only the very final stage of the process when the Information Commissioner has got involved and made an order that the council risk any kind of censure, and that's probably a year away, so their best strategy is simply to frustrate you and hope that you'll go away.

It's probably still too early to take a complaint to the Information Commissioner because they need documentary evidence that the local process has been utterly exhausted.  You have evidence of all of your communication to the council and their failure to respond to the January 21 letter is strong evidence that the process has ended, but the Information Commissioner will want to see that you have gone that extra mile and really bent over backwards to give the council time to respond.

You now need to send a further letter to the town clerk asking again for her response to your letter of 21 January and stating that if you have not received an appropriate response by Friday 1 March you will without further notice make formal complaint to the Information Commissioner.  I know that's a frustratingly long time to give her, but you'll come over uber-reasonable to the IC and that really helps.

Once the complaint is sent to the IC you still have to engage with the council if they ever get back to you, and the IC will also give the council every opportunity to dig up some generic exemption which you'll have to argue against, but the council aren't likely to take you seriously until the IC is involved so that's the next stage. 

Making the complaint to the IC is simple, you can do it by e-mail, but you will need copies of all of the correspondence.
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Unwashed

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Re: freedom of information act
« Reply #23 on: March 03, 2013, 18:17:24 »
Hi Redpippin

If the council hasn't responded to your final request you now need to make a complaint to the Information Commissioner.  it's pretty straight-forward, and you can do it by e-mail.  Check out their web site:  http://www.ico.gov.uk/complaints/getting/complain.aspx  - that applied if you're in England and Wales.
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Redpippin

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Re: freedom of information act
« Reply #24 on: March 04, 2013, 21:17:06 »
Hi Unwashed
As no reply was received today, I did what you recommended and filled the online complaint form in and sent it to the Information Commissioner. I received an email from the IC that they have got my complaint.
Just to say thanks again Unwashed without your help I would have been lost.

Unwashed

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Re: freedom of information act
« Reply #25 on: March 04, 2013, 22:05:58 »
No worries, you're welcome.  The IC will take around six weeks to get round to your complaint, and it might feel like it, but they won't have forgotten you.  Mid April you'll come up in the queue and I imagine the IC will probably write to the council and ask them what they're playing at.  The council will then have to get their act together and make some plausible excuse for not giving you the report, and my guess is that they'll use the "Internal Communications" exemption, which is very broad.  That will take the Council several weeks, and the IC will then come back to you and give you a chance to challenge that exemption - but that's just a guess and is some way off yet.

Let us know how it develops.
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