Wycombe Council 'decline' FOI request...

Marktheshark

Councils are good advertising revenue contracts.
No paper bites the hand that feeds.

Armorica

I'm not sure your reply was particularly helpful. It's rather inflammatory (which was probably the point). As a general rule, concise, polite and focussed will get better responses. And only if that doesn't work you resort to other styles/tactics.

bargepole

daveyjp wrote: »

If the Council is controlled by the right you will have no chance with Newsquest.

Seats won at the 2011 Election were: Con 42, LD 8, Lab 7, Ind 2, UKIP 1.


They don't count the blue vote round here, they weigh it.

prjohnsonnn10

Bargepole and others - see the response received from WDC.............. seems to be yet another obfuscation and hiding behind a whole pile of (non) technical points.

Would like to really push them more on this fully so any advice gratefully received. presume this will end up as a referral to Info Comm but I would like to get my response right here as much as possible

Thanks

Fergie76

When a NHS Trust refused my FOI for a copy of contract, claiming Commercial Sensitivity I responded with this and was given a copy:

The Trust cannot just automatically refuse a FOI request on the grounds of Commercial Sensitivity, when there is also a Public Interest. Section 43 of the Act deals with the Public Interest Test and if you are unsure of this, you should consult with the ICO for further guidance.

There is precedence for NHS Trusts releasing Private Parking Contracts and I urge you to reconsider your Trusts decision.

https://www.whatdotheyknow.com/request/parking_enforcement_33#incoming-459753

https://www.whatdotheyknow.com/request/183633/response/459753/attach/html/3/FOI%20Reply%203321%20MoA.doc.html

https://www.whatdotheyknow.com/request/183633/response/459753/attach/html/3/FOI%20Reply%203321%20MoA.doc.html

Should you uphold your Trusts decision, I will require a final response letter, so I can escalate this to the ICO for them to make a decision.

Fergie76

Public Interest Test:

Freedom of Information exemptions guidance Section 43: commercial interests

Factors that might weigh in favour of the public interest in withholding information in this area include:

where disclosure would make it less likely that companies or individuals
would provide the department with commercially sensitive information in the future and consequently undermine the ability of the department/agency to fulfil its role where disclosure would be likely to prejudice the commercial interests of the department by affecting adversely its bargaining position during contractual negotiations which would result in the less effective use of public money where disclosure would, as a consequence, make it more difficult for individuals to be able to conduct commercial transactions or have other dealings with public bodies which are not a typical commercial transaction - for example where an organisation obtains a grant or financial assistance from a public authority - without fear of suffering commercially as a result. It would not, for example, be in the public interest to disclose information about a particular commercial body if that information was not common knowledge
and would be likely to be used by competitors in a particular market to gain a competitive advantage

As noted at page 5 above, commercial interests could be prejudiced in many circumstances and the degree of prejudice, and the consequent balance of the public interest in disclosure will often be time sensitive.

Herzlos

I'd be drafting a complaint to the ICO, as I'm pretty sure none of those reasons are valid.

prjohnsonnn10

Thanks for the responses so far. As regards ther IoC complaint, yes i will get there on that but wanted to see how best to draft a response to this council note first. Thansk for the note about the hospital trust Fergie - will take a read through it although presumbaly the hospital being a 'trust' has different ramifications as opposed to a district council with whom i am dealing with here?

PJ

Fergie76

FOIA applies all the same.

Public Interest Test is what you need to concentrate on.