Freedom Of Information
Other HW Complaints to Information Commissioner
For details of each complaint click on the links below. In summary the current position is a follows:
Ref 1. Main Road Cleaning (5th Nov 2007). ICO asked LBH to carry out an internal review or comment. LBH declined to do so. Subsequently the ICO wrote to LBH (23rd May 09) pointing out their failure to say if information was held within the statutory 20 days, to provide information within the statutory 20 days, to complete their internal review within 40 working days and to acknowledge complaints. They went on to say that complaints procedures should consist of no more than one stage. I have asked the ICO to reopen the case as they did not reprimand LBH for failing to adhere their own internal review / complaints procedure.
Ref 2. Northwood Cemetery correspondence (1st Feb 08). On 30th July 08 the ICO reminded LBH of its duty under the Act to confirm or deny information is held when a request is made. They went on to say “we trust that the Council will in future state whether it holds information in accordance with section 1(1).”
Ref 3. Northwood Cemetery remedial work & correspondence (9th April 2008). A complaint was submitted to the ICO on 9th September 2008. The ICO wrote to LBH on 19th September 2008 asking them to conduct a internal review within 20 days - it took them 4 months but it still failed to address my complaints!!!! On the 23rd Feb 09 the ICO allocated the case to one of their case resolution teams saying it might take several months before I hear anything!
Ref 5. Northwood Cemetery inspection reports & correspondence (10th June 2008) I asked the Council for Site Inspection Records for, Contract Review Meeting minutes, any new documents/ records covering the same ground and any correspondence between the Council and Enterprise plc all covering the period Feb to June 2008. A complaint was submitted to the ICO on 11th Sept 08. The ICO wrote to LBH on 19th September asking them to conduct a internal review within 20 days, reminding them of their obligations under section 16 to provide advice and assistance and suggesting they provide a breakdown of the costs. The review was completed on 3rd March 2009. I was not satisfied with it and on 27th May I heard from the ICO that the case would be allocated to a case resolution team but that it might take several months before I hear anything!!!!
Ref 6. Green Space Maintenance Contracts (26th June 2008). LBH failed to respond to my request within the statutory 20 day working period and to properly “confirm or deny” whether or not the information was held. They falsely claimed that the cost of “locating and retrieving” it was in excess of the £450 statutory maximum and failed to supply a copy of their cost calculations. They failed to respond to my complaint under the final stage of their FOIA Complaints Procedure.
Following my complaint of 12th September 08 the ICO wrote to LBH on 19th September asking them to conduct a internal review within 20 days and to a breakdown of the costs. They reminded LBH of their duty to provide advice and assistance (s16). On 21st Nov LBH confirmed that 5 contracts were held, reversed their decision to withhold on cost grounds and agreed to supply photocopies. I have asked to inspect the contacts at the Civic Centre before deciding what if any pages to copy. The Council are adamant that this is not feasible. I am asking the ICO to reprimand the Council for falsely claiming that the cost of making the contracts available exceeded the statutory limit and for failing to give me advice and assistance.