So I got a reply to me asking for an internal review of their response to my foi request. It looks like they have no intention of giving up the information. It’s also apparent that they really aren’t bothered by what the information comissioner might say. Oh well the lack of oversight strikes again.
Our Ref:
Address Correspondence to: Date:
IR 9-23
S Raven Information Governance Advisor 14 July 2023
Internal review - Request under the Freedom of Information Act 2000
Dear Kris
I am writing in relation to your recent request for an internal review under the Environmental Information Regulation.
I am employed by the Canal & River Trust as an Information Governance Advisor, and I have been asked to provide an independent review of our handling of this matter.
Your original request was (4 May 2023):
I’m writing to you to request the information about how many and which elsans, toilets and rubbish facilities have been closed in the last three years.
We looked into the matter and on 4 May 2023 we sought some clarity around your request, which you provided on the same day.
Since that time, we have been working with our colleagues to obtain the information you have requested. However, in doing so it has become clear that the information is not recorded in a simple, easily accessible format. We do not have closures recorded in straightforward terms, and certainly we do not always break down the closures into the granular details that you are looking for.
As a result, the information supplied to us is not simple to review and on 1 June 2023 we therefore extended the response time by an additional month, to take account of this complexity. Our deadline to respond was then 30 June 2023.
We continued to review the matter and it became clear that, unfortunately we were not going to be able to meet the deadline, for various reasons, including the continued complex nature of the data and my colleague’s annual leave. Accordingly, on 30 June 2023, we wrote to confirm that we would miss the deadline. This was not a further extension, since there is
no further statutory extension we can issue. However, it was an acknowledgement that we will be unable to respond within the time allowed.
It is an unfortunate position, but I hope you can appreciate that sometimes the information requested is not always easy to distil. On this occasion, the problem is that we have recorded facility closures but without any indication of whether these contained any of the three items identified, none of them or indeed several of them.
It will take some time to get to the bottom of this, and ultimately we need to consider whether the time this will take will bring the matter under Section 12(4)(b) of the Environment Information Regulations, namely unreasonable costs or diversion of resources.
I Trust that this letter has answered your queries and your grounds for internal review. Please note that we are still yet to issue our initial response so you will be able to review that once it has been sent.
If you are still dissatisfied, you have the right to refer the matter to the Information Commissioner, details on how to contact can be found here: ico.org.uk/global/contact-us/, who will give it consideration.
Yours faithfullyS Raven
Information Governance Advisor Legal & Governance
E: information.request@canalrivertrust.org.uk canalrivertrust.org.uk
National Waterways Museum Ellesmere Port, South Pier Road, Ellesmere Port, Cheshire, England,
CH65 4FW