How can these questions from the excellent Mr Dransfield also be “vexatious” along with my questions pertaining to multi million pound fraud? LibDems eh, what’re they like?
From: FOI Officer
Date:
16 July 2013 11:30:42 BST
Cc:
FOI Officer
Subject:
FW: Valve View School Outstanding Issues – FOI 7420 –
Response
Dear
Mr Dransfield,
I
am writing in response to your request for information (ref FOI
7420).
This
request for information has been refused under Section 14(1) of the Freedom of
Information Act 2000 as it has been deemed vexatious.
Although
the term vexatious is not defined by the legislation, I have taken this decision
considering the themes as provided by the Upper Tribunal case of Information
Commissioner v Devon CC and Dransfield [2012] UKUT 440
(ACC).
Stockport
Council has received numerous requests for information from you since June 2011.
On the whole, these requests have related to various building regulations and/or
safety inspections primarily about Vale View Primary School in North
Reddish.
On
9th April 2013 I provided you with a refusal notice explaining why the decision
had been taken to refuse your (at the time) outstanding FOIA requests.
Although
the FOIA provides a significant right to request information, this right is not
overriding. More importantly, this right does not extend to providing a channel
for unauthorised investigations into the legality of building constructions by
members of the public.
To
continue to attempt to use the Act in this way is considered to be vexatious in
the sense of it being a manifestly unjustified, inappropriate or improper use of
FOIA.
As
this request appears to be continuing this theme Stockport Council has taken the
decision to refuse this request for information under Section 14(1) of the FOIA.
As
this request has been refused, there is no provision for an internal review to
be conducted by the Council.
If
you are unhappy with this response, you are entitled to complain to the
Information Commissioner. I understand that you have already raised this to the
ICO under their reference
FS50493287.
The Council are not
prepared to enter into any further discussion on this matter pending the outcome
of the ICO’s investigation.
Yours sincerely,
Simon
Oldfield
Freedom
of Information/ Data Protection Officer & RIPA
Coordinator
Stockport
Council
Town Hall
Stockport
SK1 3XE
Tel:
0161 474 4048
Fax: 0161 474 4006
http://www.stockport.gov.uk
