Your Ref:
Our Ref: FOI/422245 /
Mr Andy Hesketh
Email: / 20 November 2015
DearMr Hesketh
Freedom of Information Act Request 422245
Thank you for your recent request received 9 November. Your request was actioned under the Freedom of Information Act 2000 in which you requested the following:
- Please provide me with all electronic correspondents between Mr Richard Pflancer, Amey, Highways Agency, Old Swan, Liverpool in respect of the fall that occurred on the 1st September 2015 at 73 Childwall Road, Liverpool L16.
Please provide all electronic correspondents pertaining to carrying out remedial corrective works at the above location
Please confirm when the instruction was given to the contractor/maintenance team instructing them to carry out remedial works at the above location
Please provide maintenance schedules pertaining to the above location from August 2008 to October 2015
Response:
Liverpool City Councilholds information relevant to your request but is unable to provide it in accordance with the following:
- The information you have requested is exempt from public disclosure by virtue of Section 30 of the Freedom of Information Act 2000 as the information has been obtained and recorded in relation to an investigation which the Local Authority has a duty to conduct. In accordance with the terms of this exemption if information is held by a Local Authority for the purposes of conducting an investigation and aiding that Authority to perform this public duty then it is exempt from disclosure.
To clarify; Section 30 states – Section 30(1) Information held by a public authority is exempt information if it has at any time been held by the authority for the purpose of–
(a) any investigation which the public authority has a duty to conduct with a view to it being ascertained - (i) whether a person should be charged with an offence, or (ii) whether a person charged with an offence is guilty of it,
(b) any investigation which is conducted by the authority and in the circumstances may lead to a decision by the authority to institute criminal proceedings which the authority has power to conduct, or
(c) any criminal proceedings which the authority has power to conduct.
(2) Information held by a public authority is exempt information if –
(a) it was obtained or recorded by the authority for the purposes of its functions relating to – (i) investigations falling within subsection 1(a) or (b), (ii) criminal proceedings which the authority has power to conduct, (iii) investigations (other than investigations falling within subsection (1)(a) or (b)) which are conducted by the authority for any of the purposes specified in section 31(2) and either by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under any enactment, or (iv) civil proceedings which are brought by or on behalf of the authority
Specifically the information is exempt in accordance with Section 30(2)(a)(iii) – information relating to investigations (other than investigations falling within subsection (1)(a) or (b)) which are conducted by the authority for any of the purposes specified in section 31(2) and either by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under any enactment
Section 30 of the FOIA 2000 is a conditional exemption which requires the City Council to consider the public interest in whether or not the information requested should or should not be disclosed.
We have considered the public interest in disclosing this information and feel the information requested should be withheld. This information was collated in accordance with the obligations to investigate placed upon the City Council. Should, in the future, the City Council be required to defend itself in a court of law this information could be used against the City Council. While it can be requested by prosecution it should not, in the opinion of the City Council, be disclosed to the world at large under the Freedom of Information Act 2000
Disclosure of this nature sets precedence for future similar instances whereby information relating to investigations would routinely be made public prior to the commencement of proceedings.Consequently the City Council feels disclosure is not in the public interest and, as such, maintains the application of Section 30 on this instance.
In accordance with the application of Section 30 of the Freedom of Information Act 2000 we have not provided all of the information requested. As such we are required to serve you with the following section 17 notice.
TheCity Council will consider appeals, referrals or complaints in respect of your response and thesemust be submitted these in writing thin 28 days of receiving your response.
The matter will be dealt with by an officer who was not previously involved with the response and we will look to provide a response within 28 working days.
If you remain dissatisfied you may also apply to the Information Commissioner for a decision about whether the request for information has been dealt with in accordance with the Freedom of Information Act 2000.
The Information Commissioner’s website is and the postal address and telephone numbers are:-
Information Commissioner’s Office, Wycliffe House
Water Lane, Wilmslow CheshireSK9 5AF
Telephone 01625 545745 Fax number 01625 524 510
Email – (they advise that their email is not secure)
ÿYours sincerely
Mr Kevin Symm
Senior Information Officer
Information Team Municipal Buildings Dale StreetLiverpool L2 2DH
Telephone 0151 233 0418Email