CORNWALL COUNCIL REJECTION OF FREEDOM OF INFORMATION REQUEST.

CORNWALL COUNCIL REJECTION OF FREEDOM OF INFORMATION REQUEST.

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Blog entered 20 July 2015.

 

Pictured is Chloe Martin,

Complaints and Information Manager,

Cornwall Housing Ltd.

 

From: Geoff McLaughlin

20 July 2015

Dear Cornwall Council

Dear Mr Mansell

I refer to the Council's email dated 16 July 2015.

I regret the Council's decision to refuse the FOI request made on
19 and 21 June 2015 regarding "Cornwall Homechoice Welfare Priority
Assessments", on the grounds the request is considered 'vexatious'
because it "relates to the same subject area" as "Recent Lets" and
"Homechoice adverts", which of course it does not and is just a
further attempt by the Council to treat the FOIA and my lawful
right to information under the FOIA with contempt to avoid
answering FOI requests.

I am addressing my response to you Mr Mansell because it was you
who agreed "with the original response and that all requests
relating to recent lets or Homechoice adverts should continue to be
treated as vextatious", unquote, in your email of 6 July 2015.

I would remind you Mr Mansell, and for the record, the above FOI
request was also made for and on behalf of my late wife who was
abused and discriminated against by the Council's rigged Homechoice
Welfare Priority Assessments. That the Council has now had over 340
further opportunities to proceed it's "Letter of Defamation" but
has failed to do so and has therefore substantiated my accusations.

Perhaps you would tell me Mr Mansell why the Council's Letter of
Defamation was not itself vexatious given it was only intended to
harass and intimidate me. Or why some of the most vulnerable people
in our society should not find it distressing to be conned and
cheated by Welfare Assessments which should have helped them and
protected their human rights.

You will recall the Cornwall Partnership NHS Foundation Trust did
not deny mentally ill and vulnerable adults assessed through
Cornwall Homechoice Welfare Priority Assessments had been abused
and discriminated against, only that "Collating this information
would exceed the "appropriate limit" as defined in The Freedom of
Information and Data Protection (Appropriate Limit and Fees)
Regulation 2004 SI 2004 No 3244. Therefore, under section 12 (1) of
the Freedom of Information Act 2000, this information is exempt as
a public authority is not obliged to comply with a request for
information if the authority estimates that the cost of complying
with the request would exceed the appropriate limit", unquote.

Which of course was a nonsense given the information is stored on
data bases, and disturbing because the Trust itself did not want to
know how many mentally ill and vulnerable adults have been abused
and discriminated against despite it's Duty of Care to them.

With regard to other questions put to the Trust via a FOI request
the Trust would only say the information is not held by the Trust
and recommended I forward the questions to Cornwall Council. Within
weeks the Council introduced the 'vextatious' element to avoid
responding to any FOI request and not just those "on the subject of
"Recent Lets" and Homechoice adverts", unquote, stated in the
Council's FOI review received on 11 May 2015.

For the record I acknowledge the Council did not respond to the FOI
review regarding "Recent Lets" results for Homechoice Property Ref
: 17434, until 11 May, despite the Council's promise it would reply
on or before 8 May 2015. That the Council's FOI review was received
outside of the 20 day period without notification, apology or
explanation, and that the Council's decision to declare me
'vexatious' in that review will be investigated by the ICO.

That the same Chloe Martin, Complaints and Information Manager,
Cornwall Housing Ltd, who signed and authorized the 'vexatious'
decision received on 11 May, was the very same Chloe Martin you
contacted on 14 May Mr Mansell, 3 days later, about Homechoice
Property Ref : 18952, and Ms Martin advised me to make a FOI
request should I need any further information on the property. That
having then followed Ms Martin's advice of 14 May and lodged a FOI
request, which the Council received on 15 June, it was then refused
for Ms Martin's earlier 'vexatious' reasons of 11 May 2015.

I still await an apology from the Council for providing me with
misleading information and conflicting advice, and I still await
the property number for Homechoice Property Ref : 18952, which I
bid on, now the property is known to the Council and is responsible
for Council Tax. You will recall Mr Mansell I gave you 10 working
as from 8 July 2015 to provide me with this information.

If the Council has a problem with me lodging FOI request involving
"Recent Lets" and "Homechoice" adverts, the logical solution is for
the Council to stop corrupting "Recent Lets" to the point where it
is no longer fit for purpose and to stop publishing weekly
"Homechoice adverts" which are willfuly misleading. Smearing my
character as 'vexatious' is not helpful.

I will forward this FOI request regarding "Cornwall Homechoice
Welfare Priority Assessments" to the ICO for consideration as a new
complaint, and as additional evidence regarding the 'vexatious'
issue. I will also ask the ICO to determine if "relates to the same
subject area" is too broad and ambiguous and if the Council has
abused my lawful right to this information under the FOIA by
wrongly applying s14(1) of the FOIA 2000.

Yours sincerely,

Geoff McLaughlin

 

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