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.

How is this "manifestly unreasonable"?

Devon County CouncilPosted by Sheila Oliver Sun, April 26, 2015 07:21:55

Email sent - 26 April 2015 06:54

Rt Hon Erick Pickles Minister for Local Government and Rt Hon Ben Bradshaw MP for Exeter.

Dear Mr Pickles and Mr Bradshaw

I received 4 FOIA responses yesterday Sat 25th Apr 2015 and no one of them was refused under section 14(1) vexatious. Wow, I am impressed with the New FOIA Officer Mr Simon Osborne.

They were:

1. Ref 2733697 Dartington School. Refused under EIR 12(4)(b) which is still vexatious in any language.

2.Ref 2733499 Chumliegh School. Refused. Do not hold information.

3.Ref2733996.Moretime required ref DCC credit cards.

4.Ref2733698. Full response ref DCC Legal Fee ref Dartington School legal fees.

However, I am still not satisfied with the Devon County Council because I now have to write another letter and hand carry or send it by snail mail owing to the lifetime email ban against me as I wish to seek a DCC review on their FOIA decisions in 1/4 above. I am also debarred using the DCC on-line complaint form.

Ref the item #1 above , the DCC exemption yesterday was in response to my FOIA request for information on Dartington Eco School, which I remind you is the new £7 million Eco School currently before the High Court which is unsafe and unfit for purpose.

The DCC claim my Dartington FOIA request is "MANIFESTLY UNREASONABLE IN ACCORDANCE WITH REGULATION 12(4)(b)".

My response to that is hogwash, we have a situation where a £7 million pound school is unsafe and unfit for purpose and is currently before the High Court which has cost the DCC £64K(so Far) in Legal Fees and the DCC claim EIR section 12 (b)(4).

In a nutshell section 12(4)(b) of the EIR is a GET-OUT-OF-JAIL-FREE-CARD and is in essence the bastard brother of section 14(1) vexatious.

It beggars belief the DCC have now claimed section "MANIFESTLY UNREASONABLE" for this particular school which is unsafe and unfit for purpose.

The public interest and public openness and transparency far outweighs the DCC need for secrecy.

In the event you are re-elected at the General Election Mr Bradshaw, you need to kick down some doors are ask the DCC why they are consistently abusing the FOIA 2000 & EIR 98. The DCC is still knowingly and willfully abusing both Acts. Mr Pickles, in the event you are re-elected you also need to kick the doors down and check the fuse boxes in the DCC transparency, accountability and security (TAS) department because I claim the TAS lights have been turned off for the last 5 years ref DCC FOIA .

For your information action and files

With thanks

Yours sincerely

Alan M Dransfield.





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