Concerns over Freedom of Information workload (From Wirral Globe)
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Concerns over Freedom of Information workload
3:37pm Monday 3rd September 2012 in News By Leigh Marles, Editor
Concerns over Freedom of Information workload
THE quest for truth about the workings of Wirral Council has led one individual to fire off 245 Freedom of Information requests over the past 12 months.
A report to this week’s council cabinet meeting shows local FoI submissions continue to rise “particularly when anything controversial appears in the local press.”
The document says 340 requests were received in the first quarter of this year.
Assuming this number remains constant, the estimated total for the year is 1,360.
Comparisons with other local authorities show Wirral receives “a disproportionately higher amount” of inquiries compared to those of a similar size.
A top-ten table of requests shows one individual, whose name has not been added to the report on advice from the council’s head of legal, submitted 245.
Legislation allows a public sector organisation to refuse requests if they are either vexatious or repeated.
The report states that in reality only three refusals have been issued in the last seven years.
A plan is in place to try to reduce the number of requests and improve the overall service. This includes putting more information in the public domain about how decisions are reached, financial matters and council-run services.
Freedom of Information law was brought in by Tony Blair’s government in stages between November 2000 and January 2005, and provides a right of access to data held by public authorities on request.
It was intended to improve openness and transparency, but has come under threat in recent months.
The issue was examined by the the House of Commons Justice Select Committee which reported in July that the scope of the Freedom of Information Act should not be reduced, but concerns over its operation must be addressed.
This was in response to claims from some former ministers and civil servants that the Act was having a “chilling effect” on policy discussion.
The committee’s report also concluded there was no justification for introducing fees for FoI requests, despite concern over the growing number being made.
Comments(36)
MX
says...
7:32pm Mon 3 Sep 12
johnbrace
says...
8:25pm Mon 3 Sep 12
ral.gov.uk/documents
/s50005983/FOI%20REP
ORT.pdf .
Jimrob
says...
9:26pm Mon 3 Sep 12
Maybe, just maybe, the "other local Authorities "Council Leaders" do NOT have to apply as often as ours do in order to find out what it's Senior Officers have been up to.
PaulCa
says...
10:37pm Mon 3 Sep 12
johnbrace wrote:Nowhere within the Freedom of Information Act is any provision granted to data controllers to blame or even appear to blame the public for their OWN poor performance.
A slight exaggeration by Leigh Marles as it's 245 requests over twelve months, not three. Just to make it clear that wasn't me! However I am one of the top ten FOI requesters over the past twelve months, mainly because I work in the media and used to be a member of a political party. The report referred to is at http://democracy.wir
ral.gov.uk/documents
/s50005983/FOI%20REP
ORT.pdf .
The Council will be fully aware of this and I'm afraid it's a case of brainless spin issued to councillors and the local media, winning the battle over substance once again.
I advise all 66 councillors to make time to read the FoI Act 2000 as soon as possible and notice at once how your senior officers are once again pulling the wool over your eyes.
Councils should be resourced appropriately to respond adequately to the expected volume of requests.
Abusive councils like Wirral should not be blaming the press; quote: "FoI requests continue to rise; particularly when anything controversial appears in the local press."
They should expect to be quizzed, very often by bloggers, armchair auditors and principled individuals, sickened by the sheer extent of disabled abuse and demanding answers.
They should refrain from the kneejerk cover up / minimisation mode, get real, face up to and acknowledge their obligations within the Act.
I have a number of requests unanswered, over a YEAR old that don't even get a mention in this report - but all the sordid details will be going into my blog - very soon.
Leigh Marles. You do surprise me, not mentioning the Act, Statutory Law, the fact that Wirral are breaking it on a regular basis and that this story is a load of garbage.
PaulCa
says...
10:38pm Mon 3 Sep 12
johnbrace
says...
11:00pm Mon 3 Sep 12
PaulCa wrote:That's ok, but the FOI Act (and the Data Protection Act) does allow individuals to get either court orders or Information Commissioner Notices. As to the press being blamed Paul, after over a decade working in the media I've seen politicians (of all stripes) blame the media, yet at other times I've seen politicians use media reports to put political pressure on senior managers at Wirral Council.
Sorry, didn't mean to quote you JB in that last comment.
PeteSheff
says...
8:58am Tue 4 Sep 12
Much information is easily available but in many cases senior officers are refusing to release it. This is rarely a matter of data collection.
A more interesting statistic would be how many requests have been referred to the ICO. I can count 67 at least. It would be more interested to understand why many of these requests have been completely ignored.
The number of requests is directly linked to the culture of WBC, as detailed in the AKA report is that there has been a fundamental breakdown in the trust between members, officers, service users and the public due to the corrosive culture developed by the senior officers.
The FOI act serves everyone, the tax payer for accountability, the council being held to account for performance..., the elected members for oversight, citizens for value for money.
Ben Beaconsfield
says...
9:17am Tue 4 Sep 12
If our elected councillors have not been prepared to do their job by holding council officials to account, then we voters have a right to use the Freedom of Information Act to do the work for them.
I am surprised the Globe has fallen hook, line and sinker for this piece of spin..
PeteSheff
says...
9:46am Tue 4 Sep 12
There is a FOI specifically asking around the investigation into the illegal 4 week delay of care to vulnerable adults. That one seems to have been brushed under the carpet. Another about the investigation into DASS appropriating other departments budgets... the tumbleweeds are passing in front of that one. Another about the investigation into the whistle blowers concerns of the BIG fund... nothing to see here - move along.
Its like a long Saturday afternoon of Colombo - where you know what has happened and watching the villain squirming however Columbo never seems to get to the end with ever increasingly longer advert breaks distracting from the main feature.
PaulCa
says...
10:12am Tue 4 Sep 12
The Globe, if they were doing their job properly, would have inserted some context - and a much-needed reference to the actual statutory obligations required of data controllers, such as Wirral Council.
The Act states that organisations are not permitted to use the excuse of "we're getting too many requests" to justify poor performance.
The Act states that requesters have statutory querying rights, and are not limited in the number of requests they can make to any given authority.
So, unless the Globe provides an update with the above information..... it has produced a totally lop-sided "story" and fallen for the spin. And to lift a PeteSheff phrase, it's tumbleweed rolling by again.
PeteSheff
says...
11:19am Tue 4 Sep 12
It looks relatively ok recently... and that - is spin.
briandrummond
says...
11:24pm Tue 4 Sep 12
johnbrace
says...
11:52pm Tue 4 Sep 12
MX
says...
11:56pm Tue 4 Sep 12
And who exactly is the subject of a witch hunt?.
Would you care to name them?.
To describe those who are politically engaged and seeking accountability as "vultures" suggests you are working to a very suspect agenda.
PeteSheff
says...
10:10am Wed 5 Sep 12
If we could cast our minds back to the stories regarding the denial of the 4 week delay, the nothing to see here to the whistleblower, then the surfacing of the minutes, the story of the anger from Wirral Globe readers and the not so hot hotline etc and an apology to family. Maybe we should realise that due to possibly illegal policies by incompetent officers making it up as they went along - people died. Real people suffered and possibly died prematurely as a result of this.
The idea of moving on from this.. oh well its the past - not to worry is horrific. People have suffered and could well have died as a result of this because senior officers wanted to look good coming in under budget. I don't see the courts mitigating how busy they are and putting it down to lets move on. There would no doubt be shouts for justice.. which is maybe what WBC are hearing and complaining about workload.
johnbrace
says...
10:26am Wed 5 Sep 12
Well I have (recent) experience of the courts (or at least a District Judge) saying something very similar just before Christmas last year.
Between strike action, public holidays, changes to the courts, police, CPS and criminal and civil justice system by the Coalition Government, and the attacks on the judiciary in the press the courts (both civil and criminal) are under a lot more pressure than they used to be. It basically means the more minor stuff either gets delayed, dropped or there isn't the capacity in the system to deal with every matter (large and small). Many people can't afford legal advice too, which means there is a rise in litigants-in-person in civil cases, which complicates things as unrepresented defendants don't always act according to the rules of procedure or in the interests of justice.
Hugo2009
says...
2:13pm Wed 5 Sep 12
Honest, Open, Clean, Fair, corporate management from ALL the Employees of WBC, and the complete removal of petty party politics from the Elected Councillors, plus a substantial reduction in the total number from an absurd 66 to a maximum 20 proper caring dedicated individuals who act for and on behalf of the electorate, First, Secon, and Last.
PaulCa
says...
6:35pm Wed 5 Sep 12
johnbrace wrote:The smears and innuendo can be rebutted, clearly and methodically.
A slight exaggeration by Leigh Marles as it's 245 requests over twelve months, not three. Just to make it clear that wasn't me! However I am one of the top ten FOI requesters over the past twelve months, mainly because I work in the media and used to be a member of a political party. The report referred to is at http://democracy.wir
ral.gov.uk/documents
/s50005983/FOI%20REP
ORT.pdf .
Ignore the spin, and gain an accurate picture, by cutting through the Council's brain-dead bluster. You know it makes sense.
Here's a selection of Wirral Council's unanswered FoI requests, peppered by multiple breaches of the Freedom of Information Act:
http://tinyurl.com/c
kh9gjs
16 requests.
Average completion time: 118 working days
Longest completion time: 317 working days
Number of breaches of Statutory Law: 23
Somehow, the council's figures look reasonable, there's no mention of law-breaking and they've managed to gloss over these inconvenient stats.
Leigh Marles
says...
6:43pm Wed 5 Sep 12
I've re-checked the council document I used for this report and I thank commenter John Brace who appears to be right when he says the single individual's 245 FoI requests were logged over 12 months, not three.
It has now been corrected.
There is obviously a lot more to write about the issue of the Freedom of Information Act and how it relates to Wirral Council.
The basics are all I have right now, but I'm sure we'll be able to offer a more incisive report after tomorrow night's cabinet meeting.
Leigh Marles,
Editor.
PaulCa
says...
6:44pm Wed 5 Sep 12
johnbrace wrote:We expect clarity and context, plain & simple; no more, no less - this is woeful, unsupported, unbalanced, unchecked trash. A quick look around on Google could have put these phantoms to bed.
@PaulCa The Globe isn't an academic journal of law and talking of Wirral Council's relationship with the press, I've had to listen to Emma Degg talk this evening on the very issue of communications and engagement at the Shadow Health and Wellbeing Board, I'll write it up tomorrow.
Although the ed. has been a superb stalwart, he's let himself and the reading public down on this occasion.
Degg's landed a sucker punch.
johnbrace
says...
9:15pm Wed 5 Sep 12
Mrsmccloud
says...
11:52pm Wed 5 Sep 12
MX wrote:I think any non partisan reader could clearly see there is a witch hunt as the same old contributors keep banging on about the same old conspiracy theory like a broken record.
Whats with this witch hunt theory Mr.Drummond?.
And who exactly is the subject of a witch hunt?.
Would you care to name them?.
To describe those who are politically engaged and seeking accountability as "vultures" suggests you are working to a very suspect agenda.
Mrsmccloud
says...
11:55pm Wed 5 Sep 12
PeteSheff wrote:What do you suggest? Sack all the staff and start over again? How do people know this isn't some Machiavellian plot on your part to get a job on the Council?
It is interesting that WBC play the victim getting bullied for information.
If we could cast our minds back to the stories regarding the denial of the 4 week delay, the nothing to see here to the whistleblower, then the surfacing of the minutes, the story of the anger from Wirral Globe readers and the not so hot hotline etc and an apology to family. Maybe we should realise that due to possibly illegal policies by incompetent officers making it up as they went along - people died. Real people suffered and possibly died prematurely as a result of this.
The idea of moving on from this.. oh well its the past - not to worry is horrific. People have suffered and could well have died as a result of this because senior officers wanted to look good coming in under budget. I don't see the courts mitigating how busy they are and putting it down to lets move on. There would no doubt be shouts for justice.. which is maybe what WBC are hearing and complaining about workload.
briandrummond
says...
12:14am Thu 6 Sep 12
MX wrote:Ha ha so I'm now pursuing an agenda am I??? Conspiracy theorists of the world unite. Actually, I've got no agenda whatsoever and am happy to use my own name and login here using my Facebook id. Unlike you MX who is obviously someone linked to the council with an agenda be that political or simply you want people sacked because you are a member of staff and want their job! Don't judge others MX by your own standards. Some of us are simply readers of this website bored by the incessant sniping of people too cowardly to go by their own names. I'm happy to have a debate with you MX but I haven't a clue who you are or what your 'secret agenda' is.
Whats with this witch hunt theory Mr.Drummond?.
And who exactly is the subject of a witch hunt?.
Would you care to name them?.
To describe those who are politically engaged and seeking accountability as "vultures" suggests you are working to a very suspect agenda.
PaulCa
says...
10:54am Thu 6 Sep 12
Cheesy Peas
says...
4:37pm Thu 6 Sep 12
You know - so we could all "move on".
And no - I'm no comparing Wirral Council's appalling actions to the Holocaust.
What I am doing is saying that people in a position of power - any level of power - who abuse it should be brought to book - each and every last one of them.
antisthenes
says...
6:55pm Thu 6 Sep 12
I have had sight of the 'consultation document' and it is the most disingenous
and downright duplicitous load of tosh it is possible to imagine.
If Degg's stock is rising with Davies and his Labour Lackies on the back of a re-branding exercise that borrows heavily from New Labour's over-used habit of labelling every intiative with the suffix Matters.... for example Every Child Matters, Youth Matters, Community Matters etc etc... then Davies is a grade one plonker!
The methodology of this 'consultation is fundamentally flawed; you will be presented with a series of emotionally loaded false dichotomies.
To paraphrase the kind of bogus choices being proffered: Do you want a clean an green environment or for the vulnerable elderly to recieve decent care?
And here is me thinking that both were statutory duties and therefore not optional let alone an either or proposition.
We voted in our Councillors. Let them decide on prioirities and then stand by their choices. We will then make our judgement at the next local elections.
This is a cynical exercise in deflecting responsibility onto those of us mug enough to respond to this con trick.
briandrummond
says...
10:15pm Thu 6 Sep 12
Cheesy Peas wrote:That may be the case but a witch hunt orchestrated by anonymous individuals happy to make sweeping accusations from behind a mask is not the way to operate. Even mentioning Wirral council in the same sentence as Hitler just shows how deranged some people on this site have become.
I presume Mr Drummond would have been happy to let sleeping dogs lie with Hitler, too?
You know - so we could all "move on".
And no - I'm no comparing Wirral Council's appalling actions to the Holocaust.
What I am doing is saying that people in a position of power - any level of power - who abuse it should be brought to book - each and every last one of them.
PaulCa
says...
12:01am Fri 7 Sep 12
It's r i s k y.
Anonymity. Not needed. When defending them.
It's l a z y & it's s a f e.
johnbrace
says...
6:43am Fri 7 Sep 12
Even if you make sure there isn't a paper trail, people talk. People can make educated guesses as to who a person is behind something, yet the alternative results so often in "shooting the messenger" in the hope they'll get scared, shut up and go away!
The truth is the fact things are FOIable, means far more stuff is being done over the phone or in ways that the people involved can just engage in a conspiracy of silence if challenged. For those in charge though, the truth has a habit of getting out in the end and comes back to haunt them.
PaulCa
says...
9:29am Fri 7 Sep 12
PeteSheff
says...
9:00am Sat 8 Sep 12
It states: "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches.'
'In other words, Godwin observed that, given enough time, in any online discussion—regardl
ess of topic or scope—someone inevitably makes a comparison to Hitler and the Nazis.'
- Wikipedia
Ben Beaconsfield
says...
10:08am Sat 8 Sep 12
johnbrace
says...
9:14pm Sat 8 Sep 12
A military solution to Wirral Council has been tried anyway...
This is civil society, where leaders govern through the support of the people and it's the people they're answerable to.
Whereas the military are tend to think in terms of the chain of command and a rather rigid and at times unflexible set of rules governing their behaviour.
PaulCa
says...
7:07pm Thu 13 Sep 12
Leigh Marles wrote:Do you have the report yet Leigh?
Apologies to all.
I've re-checked the council document I used for this report and I thank commenter John Brace who appears to be right when he says the single individual's 245 FoI requests were logged over 12 months, not three.
It has now been corrected.
There is obviously a lot more to write about the issue of the Freedom of Information Act and how it relates to Wirral Council.
The basics are all I have right now, but I'm sure we'll be able to offer a more incisive report after tomorrow night's cabinet meeting.
Leigh Marles,
Editor.
Many thanks
WirralAl says...
4:49pm Mon 3 Sep 12
When you lie, bully, cheat and steal people want to know.