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Stockport Council News

Will Mr Khan act? Will he Buxton!

Vale View School Posted on Thu, April 11, 2013 16:57

Dear Mr Khan

May I suggest /recommend that your FOIA Manager, Mr Oldfield, be sent on a FOIA training course because he is seriously lacking understanding of the basic FOIA 2000 requirement ref section 14(1) for Vexatious decisions.

Yesterday, your Mr Oldfield sent me a refusal of my FOIA request #6930, which is available at the whatdotheyknow website quoting section 14(1) VEXATIOUS. However, in the same refusal notice he attached the Lightning Test Results for Vale View school. Hence, I am having some difficulty understanding how this was a refusal.

A refusal under section 14(1) of the FOIA 2000 means exactly that i.e., refusal. Your Mr Oldfield is also having difficulty in the understanding of motive blind and applicant blind.

As Legal Advisor to SMBC, I am sure you will appreciate the paramount importance for SMBC to be seen having transparency, accountability and security (TAS) at their FOIA Department and perusal of the WDTK website ref FOI 6930 yesterday will confirm the SMBC TAS is NOT seen to be working.

I have submitted a FOIA request today at the WDTK website for a copy of the Lightning Risk Assessment(LRA) for both the Fred Perry House and the Vale View School, and the reason for the latter is because of my serious concerns for public safety at the Vale View school after receiving the Lightning Test results yesterday. I am not required to make this statement under the FOIA 2000 but I am merely showing you my concerns for 1) public safety 2) the TAS at the SMBC FOIA Department.

I fully appreciate these austere times requires the SMBC to be mindful of legal costs; hence, I am more than willing to attend your offices and give a short seminar on the correct use of section 14(1) FOI 2000 for expenses only charge.

Look forward to receiving your response.

With thanks

Yours sincerely

Alan M Dransfield.



Does Mr Simon Oldfield, FOIA Officer at Stockport Council, need a lie down?

Vale View School Posted on Thu, April 11, 2013 16:29

Information Commissioners Office (ICO)

Please find the response from the Stockport Borough Council, who have refused my FOI request under section 14(1) vexatious. I now wish to elevate this complaint to the ICO.

The full history of my FOIA request is available at the Whatdotheknow website.

Please also be mindful that I have been corresponding with the SMBC Solicitor Mr Barry Khan for the past 6/7 months and he has not suggested my requests are vexatious.

SMBC have stated they are not prepared to review their vexatious decision which, I believe, is in violation to the FOIA 2000. In actual fact, I am unable to elevate my complaint to the ICO until the SMBC have reviewed their decision, but it would appear the SMBC FOIA manager, Mr Oldfield, is somewhat cavalier.

I am also very concerned at the statement below from the SMBC:-

“providing a channel for unauthorised investigations into the legality of building constructions by members of the public”.

My understanding of the FOIA 2000 is that a request is both motive blind and applicant blind; hence, it would appear the SMBC are treating the requester as vexatious NOT the request.

I am also at a complete loss how they can claim my request for Lightning Protection Test Results is vexatious, because they sent me the test results yesterday! It would appear to me that the left hand of SMBC don’t know what the right hand is doing.

With thanks

Yours sincerely

Alan M Dransfield