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LibDem FOIA/EIR 2004 abuses



From:
casework@ico.gsi.gov.uk
To:
sheilaoliver@ntlworld.com
Sent: Wednesday, March 25, 2009 3:45 PM
Subject: Response from ICO - 25/03/09[Ref. FS50232537]
25th March 2009
Case Reference Number FS50232537
Dear Mrs Oliver

Thank you for your email of 21/03/09, section 50 (1) of the FOIA sets out that ‘Any person (in this section referred to as “the complainant”) may apply to the Commissioner for a decision whether, in any specified respect, a request for information made by the complainant to a public authority has been dealt with in accordance with the requirements of Part 1’ (of the FOIA). You should therefore encourage those individuals responsible for making the request in the first place to communicate with this office if they need to make a complaint. Were you to act for another individual in respect of an application made to the Information Commissioner under section 50 (1) then you would need to provide a suitably signed letter of authority from the person who made the original request for information.
We are required to investigate complaints individually so that we can assess whether there has been non-compliance with the legislation based on the merits of the complaint in question. This allows the Information Commissioner to address non-compliance in the most appropriate way, whether that be by informal or formal advice, published guidance, recommendations as to good practice (under section 48 of the Act) or by issue of an Enforcement Notice (under section 52 of the Act).
I would confirm however that we monitor the complaints we receive for evidence of persistent non-compliance by individual public authorities. This evidence will be then be used to support the proportionate and targeted use of the regulatory tools at our disposal. This may also include face-to-face meetings with the public authority in question to specifically address those issues identified as part of that monitoring activity.
Yours sincerely

Jim Dunn

FoI Case Officer

FoI Case Reception Unit
The Information Commissioner’s Office
____________________________________________________________________


The ICO’s vision is a society where information rights and responsibilities are respected by all.

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Any email including its content may be monitored and used by the Information Commissioner's Office for reasons of security and for monitoring internal compliance with the office policy on staff use. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you write or forward is within the bounds of the law.
The Information Commissioner's Office cannot guarantee that this message or any attachment is virus free or has not been intercepted and amended. You should perform your own virus checks.
__________________________________________________________________
http://www.ico.gov.uk or email: mail@ico.gsi.gov.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510



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From: Sheila Oliver
To: casework@ico.gsi.gov.uk
Cc: DAVID PENKETHMAN

Sent: Tuesday, May 12, 2009 7:22 PM

Subject: Your letter 11th May FS50205853 Senior complaints officer Mr Michael Warburton
Dear Mr Warburton

Thank you very much for your letter. I would be grateful if when reading any information sent by the Council regarding financial matters which they are refusing to let me see (should you ever receive it) you would consider the attached newspaper report. This is the same department that we are all having difficulties with - Children and Young People's Directorate. Their actions have possibly led to the death of a pensioner and I don't now think these are the anomalies regarding millions of pounds that I have been referring to. I think these are different anomalies regarding millions of pounds. Under these circumstances for the Council to refuse to reply to financial queries is quite appalling and their position is untenable. I do hope you agree. What on earth else are they hiding?

By the way, I go to most council meetings and the missing £5.6 million referred to in the attached article has never even been mentioned at any meeting. Things definitely should be more open and honest in Stockport.

With warmest best wishes

Sheila<img179.jpg>




15 July 2009

Dear Mrs Oliver

Your complaint about Stockport MBC (the council)

Thank you for your email dated 14 July 2009, the contents of which I have noted.
I confirm that I have received the withheld information from the council. However, I have also asked it to reconsider your original request under the
lt Environmental Information Regulations 2004 (as opposed to the Freedom of Information Act 2000) which I believe is the appropriate legislation.

I am currently asking the council to clarify a number of issues and will write to you again as soon as I have received its response, which I anticipate will be quite soon.

Yours sincerely

Michael Warburton

Senior Complaints Officer
Information Commissioner's Office
Tel: 01625 545 802
Email:  michael.warburton@ico.gsi.gov.uk
www.ico.gov.uk
-----Original Message-----
From: Sheila Oliver [mailto:sheilaoliver@ntlworld.com]
Sent: 14 July 2009 17:53
To: Michael Warburton

Cc: Cllr Mark Weldon; Cllr David White; Leader; FOI Officer; John Schultz

Subject: Re: [Ref. FS50205853][Ref. FS50205853]

Dear Mr Warburton

Have your received the documents from Stockport Council yet? There is a byelection in the area next week. If they are still refusing to comply, I will be telling the voters that as I stand outside the voting stations. I look forward to hearing from you.
Kind regards

Sheila
----- Original Message -----
From: casework@ico.gsi.gov.uk
To: sheilaoliver@ntlworld.com
Sent: Wednesday, May 20, 2009 9:14 AM
Subject: [Ref. FS50205853][Ref. FS50205853]
19 May 2009
Dear Ms Oliver,
Your complaint about Stockport MBC (the council)

Thank you for your email dated 18 May 2009 together with attached land adverts from NPS Property Services’ website, the contents of which I have noted.

I will write to you again once I have heard from the council.

Yours sincerely,
Michael Warburton

Senior Complaints Officer
Information Commissioner's Office
Tel: 01625 545 802
Email:  michael.warburton@ico.gsi.gov.uk
www.ico.gov.uk

____________________________________________________________________


The ICO’s vision is a society where information rights and responsibilities are respected by all.

If you are not the intended recipient of this email (and any attachment), please inform the sender by return email and destroy all copies. Unauthorised access, use, disclosure, storage or copying is not permitted.
Communication by internet email is not secure as messages can be intercepted and read by someone else. Therefore we strongly advise you not to email any information, which if disclosed to unrelated third parties would be likely to cause you distress. If you have an enquiry of this nature please provide a postal address to allow us to communicate with you in a more secure way. If you want us to respond by email you must realise that there can be no guarantee of privacy.
Any email including its content may be monitored and used by the Information Commissioner's Office for reasons of security and for monitoring internal compliance with the office policy on staff use. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you write or forward is within the bounds of the law.
The Information Commissioner's Office cannot guarantee that this message or any attachment is virus free or has not been intercepted and amended. You should perform your own virus checks.
__________________________________________________________________
http://www.ico.gov.uk or email: mail@ico.gsi.gov.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510


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_________________________________________________________________
___






Thursday, 13 August 2009

Dear Mrs Oliver

Your complaint about Stockport Metropolitan Borough Council (the council)
Our reference: FS50205853

Thank you for your recent emails which will be added to your above complaint file.
I am currently waiting to hear from the council in response to a number of queries I have raised with them in connection with your above complaint.

I hope to be in a position to contact you again in the near future.

Yours sincerely

Michael Warburton
Senior Complaints Officer
Information Commissioner's Office
Tel: 01625 545 802
Email:  
michael.warburton@ico.gsi.gov.uk
www.ico.gov.uk
-----Original Message-----
From: Sheila Oliver [mailto:sheilaoliver@ntlworld.com]
Sent: 06 August 2009 21:19
To: Michael Warburton

Cc: Syd Lloyd; Gaz Butler; DAVID PENKETHMAN; Cllr Mark Weldon; FOI Officer

Subject: Fw: Contamination documents

Michael Warburton
Senior Complaints Officer
Information Commissioner's Office
[Ref. FS50205853]
Dear Mr Warburton

Please see below. The Executive Councillor responsible for the Harcourt
Street School issue would appear to be saying that if a third party applies
for all the documents regarding the school on the former toxic dump, which
is millions of pounds over budget and involves very strange financial
anomalies, and these documents have been repeatedly refused to me, then all
the documents will be disclosed to said third party. I must say my
experience is that third parties who make FOI requests on this issue are
being ignored as well.

I think the valuable time of senior officers of the Information Commission
is being wasted repeatedly by Stockport Council. Either they will disclose
the documents or they won't. It is immaterial to whom the documents are
disclosed - it would still involve the same amount of work. Someone needs
to sort out what is going on at corrupt Stockport council. I deplore this
waste of resources of our one effective watchdog - the Information
Commision.

I think Stockport Council should face prosecution in this regard.

Kind regards
Sheila

----- Original Message -----
From: "Cllr Mark Weldon" <cllr.mark.weldon@stockport.gov.uk>
To: "Sheila Oliver" <sheilaoliver@ntlworld.com>; "Cllr Mark Weldon"
<cllr.mark.weldon@stockport.gov.uk>
Cc: "DAVID PENKETHMAN" <david.penkethman@ntlworld.com>; "Gaz Butler"
<garethbutler@msn.com>; "Syd Lloyd" <syd@sparkling-ice.com>; "Jennifer
Williams" <jennifer.williams@menwn.co.uk>
Sent: Thursday, August 06, 2009 7:47 PM
Subject: RE: Contamination documents

Dear Mrs Oliver,

I do apologise, I genuinely thought you had some specific documents which
you were in need of, and I was suggesting other legitimate ways you could
obtain them through third parties.

As it is now apparent there are no relevant extant documents, I will of
course abide by your wishes and refrain from communicating with you on this
issue.

Sincerely,

Mark Weldon
-----Original Message-----
From: Sheila Oliver <sheilaoliver@ntlworld.com>
Sent: 06 August 2009 18:56

To: Cllr Mark Weldon <cllr.mark.weldon@stockport.gov.uk>
Cc: DAVID PENKETHMAN <david.penkethman@ntlworld.com>; Gaz Butler
<garethbutler@msn.com>; Syd Lloyd <syd@sparkling-ice.com>; Jennifer Williams
<jennifer.williams@menwn.co.uk>
Subject: Re: Contamination documents
Dear Councillor Weldon

I have tried to raise this issue at virtually every council meeting for
years. Not once in all that time have you listened. On Monday I was publicly
given a total ban on raising this issue. Believe me, I was very annoyed by
what went on on Monday.

Under these circumstances if you contact me again on this issue I shall
report you to the Standards Board.

Yours

Sheila
----- Original Message -----
From: "Cllr Mark Weldon" <cllr.mark.weldon@stockport.gov.uk>
To: "Sheila Oliver" <sheilaoliver@ntlworld.com>; "Cllr Mark Weldon"
<cllr.mark.weldon@stockport.gov.uk>
Cc: "Jennifer Williams" <jennifer.williams@menwn.co.uk>; "Gaz Butler"
<garethbutler@msn.com>; "Syd Lloyd" <syd@sparkling-ice.com>; "DAVID
PENKETHMAN" <david.penkethman@ntlworld.com>
Sent: Thursday, August 06, 2009 6:34 PM
Subject: RE: Contamination documents
Mrs Oliver,

Two corrections,

Firstly I represent a ward of 10,000 electors by standing for election and
winning. Unlike yourself who has never stood for election.
Secondly only requests from yourself regarding Harcourt Street have been
demonstrated vexatious

I repeat, what documents exactly, after your hundreds of FoI requests have
you failed to obtain?

Sincerely,
Mark Weldon

-----Original Message-----
From: Sheila Oliver <sheilaoliver@ntlworld.com>
Sent: 06 August 2009 17:32
To: Cllr Mark Weldon <cllr.mark.weldon@stockport.gov.uk>
Cc: Jennifer Williams <jennifer.williams@menwn.co.uk>; Gaz Butler
<garethbutler@msn.com>; Syd Lloyd <syd@sparkling-ice.com>; DAVID PENKETHMAN
<david.penkethman@ntlworld.com>
Subject: Re: Contamination documents
Dear Councillor Weldon

You do not know what you are talking about, as usual.
Reqests from other Reddish residents have been ignored. I have all the
documentary evidence banning me and anyone else connected with this campaign
from asking questions, evidence of the Council's failure to comply with FOIA
legislation, incidences when the Council was forced by the Information
Commission to anwer me, which I will show to the footpath public inquiry. I
can prove to the Information Commissioner that I represent over 800 local
people which, of course, is more than you do.

There are masses and masses of documents the Council is refusing to release
to me. The issue is currently with a senior officer at the Information
Commission.

As Ray Preston would say:- "Know nowt, don't spout."
This issue is now closed, as you pointed out at Monday's meeting.

Sheila
----- Original Message -----
From: "Cllr Mark Weldon" <cllr.mark.weldon@stockport.gov.uk>
To: "Sheila Oliver" <sheilaoliver@ntlworld.com>
Sent: Thursday, August 06, 2009 12:00 PM
Subject: RE: Contamination documents

Dear Mrs Oliver,

Your statement regarding an FoI ban are I believe mistaken. There is nor
ever was a ban. However recently your enquires regarding Harcourt Street
have now been declared vexatious. This does not apply to anyone else,
nor does it apply to any other subject on which you ask questions. I
honestly believe you have copies of all the relevant documentation
regarding the proposed development. I am asking you again, what specific
documentation regarding the Harcourt Street development have you not
received in your many hundreds of FoI requests ?

Sincerely,

Mark Weldon
-----Original Message-----
From: Sheila Oliver [mailto:sheilaoliver@ntlworld.com]
Sent: 05 August 2009 17:36
To: Cllr Mark Weldon
Cc: Jennifer Williams; Gerald Price; Gaz Butler; DAVID PENKETHMAN; Syd
Lloyd; peter.devine@gmwn.co.uk
Subject: Re: Contamination documents

Dear Councillor Weldon

Don't be so ridiculous! You know full well that I have been under a FOI
ban for about three of the past four years as has everyone else in the town
on this subject, I am currently under a FOI ban and am now not allowed to
ask council questions. You are fully aware that I have been refused access
toall manner of documents. If you don't know that by now, I am even more
concerned about your suitablility for the position you hold than I was
before, and believe me that is saying something.

As you mentioned on Monday, the issue of Harcourt Street is now closed.

Yours

Sheila
----- Original Message -----
From: "Cllr Mark Weldon" <cllr.mark.weldon@stockport.gov.uk>
To: "Sheila Oliver" <sheilaoliver@ntlworld.com>
Sent: Wednesday, August 05, 2009 12:28 PM
Subject: RE: Contamination documents
Mrs Oliver,

Exactly what documents don't you have ?
I beleive you have copies of everything pertaining to the proposed development.

Sincerely

Mark Weldon
-----Original Message-----
From: Sheila Oliver <sheilaoliver@ntlworld.com>
Sent: 05 August 2009 07:26
To: Cllr Mark Weldon <cllr.mark.weldon@stockport.gov.uk>
Cc: DAVID PENKETHMAN <david.penkethman@ntlworld.com>; MICHAEL PARNELL
<mickysara@btinternet.com>; Syd Lloyd <syd@sparkling-ice.com>; Gaz
Butler
<garethbutler@msn.com>; Jennifer Williams
<jennifer.williams@menwn.co.uk>;
Chief.Constable@gmp.police.uk <Chief.Constable@gmp.police.uk>; John
Schultz
<chief.executive@stockport.gov.uk>; barry khan
<barry.khan@stockport.gov.uk>; Leader <leader@stockport.gov.uk>
Subject: Re: Contamination documents
Dear Councillor Weldon
That is because you have never listened. Suffice it to say the Council
will be costing the Planning Inspectorate and the council taxpayer an awful
lot of money. All because you have to keep the documents secret at all costs
because they do not stand up to close scrutiny. I can prove to the
Chief Executive of the Planning Inspectorate that I represent over 800 people.
You didn't listen about that either.

As with Mr Parnell and his the two court cases, the 87 times the police
were called, the 11 arrests and the four nights in prison, the further
court case on 14th September and the High Court costs. All will be computed
and sent to the Taxpayers' Alliance and a complaint sent to the National
Audit Office. What goes around comes around.
Sheila
----- Original Message -----
From: "Cllr Mark Weldon" <cllr.mark.weldon@stockport.gov.uk>
To: "Sheila Oliver" <sheilaoliver@ntlworld.com>
Sent: Tuesday, August 04, 2009 9:54 PM
Subject: RE: Contamination documents
Mrs Oliver,

I have no idea what you are refering to in this email.
Regards,

Mark Weldon
-----Original Message-----
From: Sheila Oliver <sheilaoliver@ntlworld.com>
Sent: 04 August 2009 19:28
To: Cllr Mark Weldon <cllr.mark.weldon@stockport.gov.uk>
Subject: Fw: Contamination documents
Dear Councillor Weldon

Either way I win.
Sheila

----- Original Message -----
From: Sheila Oliver <mailto:sheilaoliver@ntlworld.com>
To: FOI Officer <mailto:foi.officer@stockport.gov.uk>
Cc: Syd Lloyd <mailto:syd@sparkling-ice.com> ; Gaz Butler
<mailto:garethbutler@msn.com> ;
katrine.sporle@planning-inspectorate.gsi.gov.uk ; Leader
<mailto:leader@stockport.gov.uk> ; John Schultz
<mailto:chief.executive@stockport.gov.uk>
Sent: Tuesday, August 04, 2009 7:25 PM
Subject: Contamination documents
Dear FoI Officer

I shall cc this to the Chief Executive of the Planning Inspectorate.
Please confirm that you have repeatedly refused to let me have access to
the contamination investigation work demanded by the Environment Agency
regarding the proposed school at Harcourt Street, Stockport.
You see, at the start of the public inquiry in January 2010 we will
then, as objectors, ask to see those documents and request time to digest the
contents and get the opinion of our contamination expert. To do this in
January 2010 would probably lead to an adjournment of the public inquiry
-
that would only be fair - we can't have footpaths diverted onto
contamination hotspots which have to be fenced off. This adjournment
would push up the costs for the council taxpayer and the Planning
Inspectorate. Is there any valid reason why you won't disclose this information now?
I look forward to hearing from you.

With warmest best wishes

Sheila
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