Alan Dransfield's Blog

Alan Dransfield's Blog

Freedom of Information and Health and Safety

This blog is aimed at shaming those who ignore health and safety and those who abuse the Freedom of Information Act out of laziness, corruption or to cover up incompetence.

Unlawful Decision Notices

VexatiousPosted by Sheila Oliver Fri, April 14, 2017 06:50:40
Email sent - 13/04/2017 11:53

Information Commissioner's Office

Attn Elizabeth Denham

Dear Madam

I draw your attention to the following two(2) decision notices, which are unlawful.

The first case is a complaint brought against the Information Commissioner's Office, in which the ICO has investigated against themselves. This is not acceptable because the ICO lose their independence and it is a gross conflict of interest. Any fair-minded person would agree that this is not conducive to transparency and accountability.

I am not aware how many times this has happened, but I would suggest you check your files and initiate a forensic inquiry into ICO v ICO Decsion Notices. For sure, there are at least 1/2 Dransfield v ICO decision notices. Being able to self-examine and self -investigate beggars belie,f but nothing surprises me anymore with the ICO. They appear to be above the law. This may well be happening because of fiduciary failure in the chain of command right through to the Secretary of State, Karen Bradley, who is more than guilty of wilfull blindness.

The second case is related to the Cabinet Office in which they have used the section 14/1 vexatious exemption. This decision is unlawful because you have failed to cite the Court Precedent/Authority to the complainant. We must assume you were relying upon the Dransfield vexatious hogwash Decision GIA 3037/2011, but you failed to include it in your Decision Notice; hence, that DN is unlawful.

As you are aware, all my correspondence to the ICO is being thrown straight into the bin or at least not acknowledged.

It strikes me your Case Management Team need further training into the FOIA 2000.

It is also very apparent that the ICO is not double-checking their Decision Notices before publication. The fact the ICO does not operate an ISO 9000 QA-QC is serious, which would explain the root cause of such cock-ups.

I will take this opportunity to report your Northern Ireland Representative Ken Macdonald who has failed to respond to my FOIA requests against the HSE in Northern Ireland. At best, the ICO both HQ and NI are treating me in a shabbily cavalier manner, and at worst they are circumventing the FOIA 2000, section 77 in particular, with an aim to pervert the course of Justice. I suggest the latter.

I do believe the time has come for a forensic investigation into the conduct of the ICO Management

With thanks

Yours sincerely

Alan M Dransfield

FOIA Campaigner & Social Watchdog.









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Vexatious decision

VexatiousPosted by Sheila Oliver Mon, April 10, 2017 06:37:55
https://ico.org.uk/media/action-weve-taken/decision-notices/2017/2013864/fer0646554.pdf

"The term ‘vexatious’ is not defined in the legislation. In Information Commissioner vs Devon County Council & Dransfield1, the Upper Tribunal took the view that the ordinary dictionary definition of the word vexatious is only of limited use, because the question of whether a request is vexatious ultimately depends upon the circumstances surrounding that request. The Tribunal concluded that ‘vexatious’ could be defined as the “…manifestly unjustified, inappropriate or improper use of a formal procedure” (paragraph 27). The decision clearly establishes that the concepts of ‘proportionality’ and ‘justification’ are central to any consideration of whether a request is vexatious."




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Edinburgh PFI schools unsafe

VexatiousPosted by Sheila Oliver Thu, February 09, 2017 20:44:02
Email sent - Thu 09/02/2017 19:34

Information Commissioner's Office

Dear Mr Bailey and Mr Paul Arnold

In light of the breaking news from Scotland that the PFI schools in Edinburgh, which blew down in the wind, have been officially reported as unsafe by Mr John Cole's report, I now ask you to reconsider your vexatious decision last year against me ref the 6 PFI schools in Devon.

It also behoves your duty of care to contact the First Tier Tribunal and Upper Tier on this matter.

As you are aware the Devon County Council refused my FOIA request for the As Built Health and Safety Files on the grounds of a vexatious exemption, and the ICO upheld that vexatious decision.

The only way to rebuild the public confidence in Devon as to whether or not these 6 PFI schools are safe or not rely upon the release of the As Built Health and Safety Drawings.

Please revisit your decision based on Mr John Coles' report in to public safety at PFI schools.


with thanks

Yours sincerely

Alan M Dransfield

NB Ben Bradshaw MP

You really should take me seriously.





  • Comments(0)//blog.olliesemporium.co.uk/#post635

Fraud at the Information Commissioner's Office?

VexatiousPosted by Sheila Oliver Sun, January 29, 2017 07:32:39
Email sent - 29/01/2017 05:37

Information Commissioner's Office

Dear Mr Bailey and Mr Arnold

There is another major discrepancy with your total figures for the ICO Decision Notices. Today's total is 7614 and yesterday's total was 9670. There can be only three explanations for these false figures

1. Gremlins in your IT System.

2. Incompetence of the person(s) inputting this data.

3. ICO massaging their Decision Notice figures to assist fraud.

I would suggest the latter.

It is nearly two weeks since I alerted you two gentlemen to this anomaly. What have you done about it?

It should be noted also that you have not published one single Decision Notice since 12th Jan 2017.

For your information, action and files

Yours sincerely

Alan M Dransfield

https://search.ico.org.uk/ico/search/decisionnotice







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Yet another decision notice discrepancy

VexatiousPosted by Sheila Oliver Sat, January 28, 2017 16:05:56
Email sent - Fri 27/01/2017 05:30

Information Commissioner's Office

Dear Mr Bailey and Mr Arnold

Your website total number being displayed today is 7868 and the figures column in the left hand side don't add up either.

The is the seventh total discrepancy this week. Please give me the name and title of the person responsible for publishing the Decision Notice's total figures.

For clarity it was 7598 yesterday at this time and today is 7868. That's a discrepancy of 270 DN's because not one single new DN has been added to the website.

For your information, action and files

Yours sincerely

Alan M Dransfield

https://search.ico.org.uk/ico/search/decisionnotice









  • Comments(0)//blog.olliesemporium.co.uk/#post631

Radio inverview with vexatious Mr Dransfield

VexatiousPosted by Sheila Oliver Sun, January 22, 2017 09:26:36
http://www.blogtalkradio.com/freedomtalkradioscotland/2017/01/20/allan-dransfield-len-lawrence

  • Comments(0)//blog.olliesemporium.co.uk/#post630

Miss Denham, ICO, get a grip girl

VexatiousPosted by Sheila Oliver Sun, January 22, 2017 08:31:52
Email sent - Sun 22/01/2017 06:56

Information Commissioner's Office

Dear Mr Bailey

Please see the ICO website page ref the ICO Decsion Notices (DN) which claims the ICO total DN's is only 4845.

As I am a regular visitor to this particular website; I recall the total DN's to be in the region of 10K plus.

Please confirm the total number of DN's is only 4845.

I find this figure hard to believe because there are approx 6000 DN's on record that are either Vexatious or Manifestly Unreasonable.

According to these figures the ICO are handing down 403 Decision Notices per year which does not Justify either your staffing levels or your fiscal budget.

If this is not a genuine typo error with regard to the total number of DN's, then is the ICO massaging their DN Notice totals for whatever reason?

For you information action and files

With thanks

Yours sincerely

Alan M Dransfield

PS I note the ICO is still non compliant with statutory regulations for Register of Interest Details.









  • Comments(0)//blog.olliesemporium.co.uk/#post629

Untrained ICO Solicitors

VexatiousPosted by Sheila Oliver Sun, January 22, 2017 08:22:30
Email sent - Sat 21/01/2017 06:10

Ms Elizabeth Denham. Information Commission.

Dear Madam

May I suggest you either arrange further night school training for your ICO solicitors or have them replaced with experienced solicitors. I say this with the greatest of confidence because it would appear your legal staff are not aware of common law or stare decisis.

The ICO are handing down Decision Notices(DN) without legal precedents, which is clearly against their own policies and procedures and clearly against the doctrine of Common Law and Stare Decisis. I have taken the liberty in sending you some assistance and advice on these matters and I would be grateful if you could ensure the ICO Solicitors are duly briefed with it's use and legal requirements.

In particular, the ICO should decease and desist from handing down further Vexatious Exemption Decisions which are devoid of any legal precedents as is the case with the recent 4 decisions to North East Lincolnshire and one to Morecambe Bay Hospital on the 11th and 12th of Jan 2017.

For the last 4 years you have used the GIA/3037/2011 Dransfield Vexatious Court Precedence, whilst knowingly and wilfully turning a blind eye to the fact the GIA/3037 case was in fact a rogue vexatious decision from a rogue Judge, ie Judge Nicholas Wikley from the Upper Tribunal.

However, it would appear the ICO has recently suspended the use of the Dransfield Vexatious Court Authority and are now handing down decision notices which are devoid of any court precedence period. THIS IS AN UNLAWFUL PRACTICE.

Suggestions and recommendations

1. Decease and desist from issuing any further Vexatious Decision until an alternative Vexatious Decision is established .

2. Withdraw the 38 page vexatious guidelines which is now obsolete owing to the consistent reference to the GIA /3037/2011 Dransfield Case.

3. Revoke all the Vexatious Decision Notices under the Dransfield Vexatious Court Precedents and all the manifestly unreasonable Decision Notices. Approx 6000 decisions on these two exemptions need to be revoked.

4. Your position of Information Commissioner is now untenable and you should resign immediately owing to all these Vexatious shenanigans

5. I am copying this letter to my MP Ben Bradshaw with a request for him to call for a Public Inquiry into this Vexatious hogwash and to also call for a parallel criminal investigation into your conduct and that of your predecessor Mr Christopher Graham/Richard Bailey/Paul Arnold/Steven Dickinson and Uncle Tom Cobbley and all.

6. My previous offer to meet you and your staff personally and sort out this mess is now withdrawn owing to the gravity of my allegations.

For your information action and files

With thanks

Yours sincerely

Alan M Dransfield

FOIA Campaigner and Social Watchdog









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