What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?
What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)
I will start by declaring an interest as I was the Appellant in case EA/2016/0033. I am also married to my McKenzie Friend in this matter Mrs Leonora Brace.
Court | Room: Tribunal Room 5, 3rd Floor, Liverpool Civil and Family Court Hearing Centre, 35 Vernon Street, Liverpool, Merseyside, L2 2BX
Oral Hearing
On: 16th June 2016
Time: 10.15am
First-tier Tribunal (General Regulatory Chamber)
Case Ref: EA/2016/0033
Parties Mr | John Brace (Appellant) ICO (First Respondent) Wirral Metropolitan Borough Council (Second Respondent)
Before: Mr. David Farrer QC Tribunal Judge Mr. Michael Hake Tribunal Member Dr Malcolm Clarke Tribunal Member
I think it is better to provide a chronology at this stage as to how this part of the request went (references are to this part of the request).
29th March 2013 FOI request made. 29th April 2013 Internal review requested due to lack of reply. 30th April 2013 Internal review sent by Wirral Council. Request refused on cost grounds (section 12), but offer made to send minutes of Safeguarding Reference Group. 30th April 2013 Clarification over meaning of request sent/internal review as response on 30th April 2013 was first response. 30th July 2013 Internal review changes reason from cost grounds (section 12) to vexatious or repeated request (section 14). 14th August 2013 Decision appealed to Information Commissioner’s Office. 19th June 2014 Wirral Council amends reason for refusal from vexatious or repeated request (section 14) to cost grounds (section 12). 8th September 2014 ICO issue decision notice FS50509081. Decision notice overturns cost grounds (section 12) reason, finds Wirral Council failed to provide advice and assistance (section 16) and hasn’t responded to request within 20 days (section 10(1)). Wirral Council given 35 days to provide information or different reason. 4th November 2014 FOI request for minutes of Safeguarding Reference Group refused on section 40 (personal data) grounds. 12th November 2014 Internal review of 4th November 2014 decision requested. 30th April 2015 After ICO intervention Wirral Council replies. Wirral Council refuses internal review on section 14 (vexatious or repeated request) grounds. Unknown date Decision appealed to ICO. 29th July 2015 ICO issued second decision notice (FS50569254). Decision notice overturns section 14 (vexatious or repeated request) reason for all of request except adoption/fostering panel part. Finds Wirral Council have breached section 10 (again). 3rd September 2015 Wirral Council respond to decision notice FS50569254. Minutes of Safeguarding Reference Group now refused on section 36 (prejudice to effective conduct of public affairs) and section 40 (personal data). 7th September 2015 Decision appealed to Information Commissioner’s Office (ICO). 11th January 2016 Wirral Council supply minutes of Safeguarding Reference Group held on 19th April 2011.
Wouldn’t it have just been easier (as they made the offer to send the minutes of the Safeguarding Reference Group in April 2013) to supply these minutes then? How much officer time was wasted in refusing six pages of minutes on a committee that 7 councillors sat on and at least 5 senior managers (although one wasn’t present for the meeting).
Three of the 7 councillors present are no longer councillors and at least three of the senior managers have either gone into early retirement or left Wirral Council.
There are 4 parts in the six pages of minutes where names have been blacked out. Did it really take 2 years, 9 months and nearly a fortnight to do this?
What was the point in spending over 2 years and 9 months refusing this request? The minutes they’ve supplied refer to a further meeting on the 20th July 2011 so although this is welcome, they may not be the right ones! I requested the minutes of the meeting immediately before my request on the 29th March 2013. Is the implication that the incoming minority Labour administration in 2011 scrapped the Safeguarding Reference Group (which was re-established on the 15th December 2014)? I’m not sure!
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