Decision by Scottish Information Commissioner has been received.

FOI was made 13/12/2020

As there was no response a FOI Request for review was made 28/01/2021

FOI Review Response Received 25/02/2021

Noted at the time -

Open & Transparent?

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NOT EVEN ONE DOCUMENT/REPORT/EMAIL PROVIDED !!!!
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APPEAL TO SCOTTISH INFORMATION COMMISSIONER HAS BEEN COMPILED AND SENT
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Appeal sent to Scottish Information Commissioner on 12/03/2021

All above has been previously posted in this topic.


Decision by Scottish Information Commissioner received and published 8/3/2022.


ERC Open & Transparent?

ERC only provided information when forced to do so.

ERC dragged their feet at every turn.

ERC are still being forced to provide information....

Decision..........

However, the Commissioner also finds that the Council failed to respond to parts 9 to 15 of the request in line with FOISA and/or the EIRs.

He requires the Council to issue a revised review outcome compliant with FOISA and/or the EIRs.

The Commissioner also finds that the Council failed to respond to the initial request in line with section 10(1) of FOISA and/or regulation 5(2) of the EIRs.

The Commissioner therefore requires the Council to issue a revised review outcome compliant with FOISA and/or the EIRs, by 22 April 2022.

Sent: 13 March 2022 13:27
To: Geddes, Craig < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Fwd: Scottish Information Commissioner - Decision 028/2022 issued - early years nurseries - East Renfrewshire Council - OSIC ref 202100328

Hi Craig

As I am not quite sure how this works, would appreciate if you can provide additional clarification regarding Council's handling of this review.

Will this review be carried out by ERC Chief Officer (Legal and Procurement) ?

What steps are to be taken and what is involved in carrying out this review?

What is the timeline for carrying out review?

Will it take the full period to 22 April 2022 to give review response?

What is my involvement?

Any other information and help will be appreciated.

Thanks


------ Original Message ------
From: "Geddes, Craig" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 16 Mar, 2022 At 14:02
Subject: RE: Scottish Information Commissioner - Decision 028/2022 issued - early years nurseries - East Renfrewshire Council - OSIC ref 202100328

The review will be carried out by Chief Officer (Legal and Procurement). I can not advise on the timescale or on anything else that might be required; Mr Mahon will be in contact in due course.

Yours
Craig

------ Original Message ------
To: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cc: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Wednesday, 16 Mar, 2022 At 16:30
Subject: Fwd: RE: Scottish Information Commissioner - Decision 028/2022 issued - early years nurseries - East Renfrewshire Council - OSIC ref 202100328

To: Gerry Mahon
Cc: Craig Geddes

Hi

Craig Geddes has confirmed below that this review will be carried out by yourself - 'The review will be carried out by Chief Officer (Legal and Procurement)'

He also says - 'Mr Mahon will be in contact in due course.'

As he did not say, would appreciate if you can let me know -

What steps are to be taken and what is involved in carrying out this review?

What is the timeline for carrying out review?

Will it take the full period to 22 April 2022 to give review response?

What is my involvement?

Any other information and help will be appreciated.

Thanks


Sent: 22 March 2022 16:23
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: Geddes, Craig < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: Fwd: RE: Scottish Information Commissioner - Decision 028/2022 issued - early years nurseries - East Renfrewshire Council - OSIC ref 202100328


To: Gerry Mahon
Cc: Craig Geddes

Hi

Would appreciate update with requested information.

Thanks


------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
To: ....... "Geddes, Craig" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Tuesday, 22 Mar, 2022 At 16:28
Subject: Re: Fwd: RE: Scottish Information Commissioner - Decision 028/2022 issued - early years nurseries - East Renfrewshire Council - OSIC ref 202100328

It is a standard review process undertaken by me after receipt of the information held by an external party on behalf of the Council. It will be concluded by 22nd April at latest but possibly sooner. You are not required to do anything.

Regards
Gerry Mahon

The Scottish Information Commissioner website has been undergoing an update.

You can now find the full decision 028/2022 on the website here -

www.itspublicknowledge.info/decision-0282022


You can find ALL Commissioner decisions here -

www.itspublicknowledge.info/decisions


ERC have still to respond by 22/04/2022 regarding review requested by the Commissioner.