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Ref 2. Northwood Cemetery Correspondence (Feb 08)
Complaint submitted to The Information Commissioner
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From: Hillingdon-Watch [mailto:petersilverman@hillingdon-watch.org.uk]
Sent: 16 June 2008 12:23
To: 'mail@ico.gsi.gov.uk'
Subject: LBH Complaint 2 - Northwood Cemetery Correspondence
FOI Complaint Against the London Borough Of Hillingdon
In my e-mail of 1st Feb 2008 to the London Borough Of Hillingdon (LBH) I requested:
1.A copy of any correspondence (e-mails, letters etc) between the Council and Enterprise which makes reference to the grounds maintenance work carried out by Enterprise at Northwood Cemetery (not burials) from April 2007. Where contact has been verbal, please let me have copies of any notes, meeting minutes etc recording what was said.
2.Copies of any inspection reports made by the Council checking the condition of the cemetery and / or the performance of Enterprise against contract since April 2007. If these are voluminous please let me have just the last 6 A4 sheets.
LBH subsequently supplied meeting minutes and inspection reports but no items of correspondence. In their e-mail of 15th Feb they made no reference to the existence or otherwise of any e-mails or letters.
On 2nd May I therefore e-mailed the Council’s FOI Officer saying:
“I wish to complain that, in respect to the information requested under point 1 of my e-mail of 1st Feb:
(a) I have not been informed whether or not the information is held by the Council
(b) I have not been informed whether the Council is able to respond to the request.
(c) I have not been issued with a Refusal Notice which would have been appropriate if the Council were not obliged to confirm or deny if the information was held or were not required to disclose it because of an exemption.
B. Proposed procedure for dealing with this complaint
Please refer to the ICO FOI Good Practice Guidance No. 5. In view of the straightforward nature of this complaint and the this guidance from the ICO can you agree to deal with it within 20 days and in one stage. Unless I hear to the contrary I will assume that you are happy to do this.”
On 22nd May I received a reply from him which stated that:
“In response to this request you have were provided with copies of the monthly inspection sheets and copies of the contract review meetings.
I am satisfied that all correspondence and verbal communication between the council and Enterprise which makes reference to the grounds maintenance work at Northwood Cemetery that we hold in a recorded form has been forwarded to you. The act of supplying the information and our email of the 15th February 2008 is confirmation that it is held . As we have not refused any aspect of your request there is no requirement to issue a refusal notice.
As such I am satisfied that we have responded to your request satisfactorily”
My complaint is that, if as is implied here, there was no correspondence (e-mails, letters etc) between LBH and Enterprise plc from April 2007 and Feb 2008 making reference to Northwood Cemetery I should have been informed at the outset that no such information was held.
Supporting e-mail correspondence
From: Hillingdon-Watch [mailto:petersilverman@hillingdon-watch.org.uk]
Sent: 01 February 2008 12:42
To: Stuart Hunt (LBH Countryside Conservation Manager)
Cc: Cllr Philip Corthorne
Subject: Northwood Cemetery / Enterprise Contract
Stuart,
Thank you for your e-mail of 24th September and the information provided.
I am sorry to trouble you with a further request for information.
Could you please let me have:
1.A copy of any correspondence (e-mails, letters etc) between the Council and Enterprise which makes reference to the grounds maintenance work carried out by Enterprise at Northwood Cemetery (not burials) from April 2007. Where contact has been verbal, please let me have copies of any notes, meeting minutes etc recording what was said.
2.Copies of any inspection reports made by the Council checking the condition of the cemetery and / or the performance of Enterprise against contract since April 2007. If these are voluminous please let me have just the last 6 A4 sheets.
I would prefer the documents to be supplies electronically where possible.
Many thanks
Peter Silverman
www.hillingdon-watch.org.uk
20 Kingsend, Ruislip, HA4 7DA
01895 625770
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From: Hillingdon-Watch [mailto:petersilverman@hillingdon-watch.org.uk]
Sent: 02 May 2008 12:31
To: Richard Ingle (LBH Freedom Of Information Officer)
Cc: Mario Leo (Deputy Borough Solicitor); Raj Alagh (Borough Solicitor - LB Hillingdon); Cllr Philip Corthorne
Subject: Breach Of FOI Act by LBH - (Nothwood Cemetery Feb 2008)
Mr Ingle,
A. Complaint
Please find attached my e-mail to the Council of 1st Feb 2008 and the Council's reply of 15th Feb.
I note that you were copied in on the latter e-mail which incorporated the former.
I wish to complain that, in respect to the information requested under point 1 of my e-mail of 1st Feb:
(a) I have not been informed whether or not the information is held by the Council
(b) I have not been informed whether the Council is able to respond to the request.
(c) I have not been issued with a Refusal Notice which would have been appropriate if the Council were not obliged to confirm or deny if the information was held or were not required to disclose it because of an exemption.
B. Proposed procedure for dealing with this complaint
Please refer to the ICO FOI Good Practice Guidance No. 5. In view of the straightforward nature of this complaint and the this guidance from the ICO can you agree to deal with it within 20 days and in one stage. Unless I hear to the contrary I will assume that you are happy to do this.
Peter Silverman
www.hillingdon-watch.org.uk
20 Kingsend, Ruislip, HA4 7DA
01895 625770
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From: Richard Ingle [mailto:RIngle@Hillingdon.Gov.UK]
Sent: 22 May 2008 10:48
To: Hillingdon-Watch
Subject: Re: Breach Of FOI Act by LBH - (Nothwood Cemetery Feb 2008)
Ref: FOI/767
Dear Mr Silverman
I am writing in response to your email below.
I have looked into this matter and I am now in a position to respond to your complaint.
As I understand it you are complaining about the response received to your request dated the 1st February 2008:
You requested:
1.A copy of any correspondence (e-mails, letters etc) between the
Council and Enterprise which makes reference to the grounds maintenance work carried out by Enterprise at Northwood Cemetery (not burials) from April 2007. Where contact has been verbal, please let me have copies of any notes, meeting minutes etc recording what was said.
2.Copies of any inspection reports made by the Council checking the
condition of the cemetery and / or the performance of Enterprise against contract since April 2007. If these are voluminous please let me have just the last 6 A4 sheets.
We responded to your request on the 15th February 2008:
In reference to your request for information, I have today posted a copy of Monthly Inspections carried out in the Ruislip Northwood area. These inspection sheets include inspections of and references to Northwood Cemetery. I have also included copies of Cemetery section inspection sheets.
Also included are copies of contract review meetings held with Enterprise since April 2007. These documents are all hard copies hence putting them in the post to you.
On the 2nd May 2008 you complained that:
(a) I have not been informed whether or not the information is held by the Council
(b) I have not been informed whether the Council is able to respond to the request.
(c) I have not been issued with a Refusal Notice which would have been appropriate if the Council were not obliged to confirm or deny if the information was held or were not required to disclose it because of an exemption.
Our Response
In essence you were requesting access to correspondence and verbal communications between the Council and Enterprise in regards to grounds maintenance work at Northwood Cemetery.
In response to this request you have were provided with copies of the monthly inspection sheets and copies of the contract review meetings.
I am satisfied that all correspondence and verbal communication between the council and Enterprise which makes reference to the grounds maintenance work at Northwood Cemetery that we hold in a recorded form has been forwarded to you. The act of supplying the information and our email of the 15th February 2008 is confirmation that it is held . As we have not refused any aspect of your request there is no requirement to issue a refusal notice.
As such I am satisfied that we have responded to your request satisfactorily.
Richard Ingle
Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)
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From: Hillingdon-Watch [mailto:petersilverman@hillingdon-watch.org.uk]
Sent: 29 May 2008 10:17
To: Richard Ingle (LBH Freedom Of Information Officer)
Cc: Mario Leo (Deputy Borough Solicitor); Raj Alagh (Borough Solicitor - LB Hillingdon)
Subject: Breach Of FOI Act by LBH - (Nothwood Cemetery Feb 2008) Ref: FOI/767
Mr Ingle,
Thank you for your e-mail of 22nd May which I am in the process of studying having just returned from holiday. A copy is attached.
In my e-mail of 2nd May I said:
“B. Proposed procedure for dealing with this complaint
Please refer to the ICO FOI Good Practice Guidance No. 5. In view of the straightforward nature of this complaint and the this guidance from the ICO can you agree to deal with it within 20 days and in one stage. Unless I hear to the contrary I will assume that you are happy to do this”.
As I have not heard anything to the contrary I assume it is agreed that my complaint is being dealt with in one stage. I also take it that your e-mail of 22nd May completes the complaints process and that I am now free to take the matter up with the Information Commissioner if I feel were to conclude that my complaint has not been dealt with in a proper manner. If this is not your understanding please get back to me to me within the next 7 days.
Peter Silverman
www.hillingdon-watch.org.uk
20 Kingsend, Ruislip, HA4 7DA
01895 625770
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I look forward to hearing from you in due course.
Peter Silverman
www.hillingdon-watch.org.uk
20 Kingsend, Ruislip, HA4 7DA
01895 625770
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