09/08/2019 Mail - Owen Ward - Outlook

RE: Consultation
Laura Ganderton <Laura.Ganderton@ske.uk.net>
Thu 16/05/2019 16:30
To: Owen Ward <owenward@outlook.com>

1 attachments (17 KB)

Academy Trust Minutes 18.03.19 EXTRACT.pdf;

Dear Mr Ward,
 
Upon internal review, please see responses to the concerns you raised below.
 
My complaint about the response to my first request is that I know that the consultation responses
are not exempt under the Data Protection Act. These should be released.
 
We reviewed our handling of this request and the application of the exemption for personal
information. The exemption was correctly applied as far as many of the consultation responses were
concerned because the consultation responses contain opinions and views where the person
responding has referred to information about them or other individuals which is personal
information (i.e. personal data). It is classed as personal data because an individual can be identified
from it. As the individual responding to the consultation assumes that the information given will be
kept confidential, releasing this information would breach the first data protection principle which
requires that all our processing of personal data is fair, lawful and transparent. It would not be fair to
the individuals concerned to release their personal information to the general public in response to
an FOI request. It is outside their reasonable expectations for the King Edward VI Academy Trust
Birmingham to do that. We accept that we applied the exemption too widely. On internal review, we
noted that only some of the information is personal data and that this could be adequately protected
by redaction. Therefore, we found that the consultation responses should be reviewed and redacted
individually, and non-exempt information should be released.
 
This will take time to work though the 900 responses. We will ensure the redaction is complete within
the 40 school days from your review request.

My complaint about the further parts is that I believe that documents that I have asked for have been
concealed and withheld. For example, you kindly furnished me with an extract of some minutes, but I
am entitled to the whole document. You have not explained to me why the rest of the document is
exempt.
 
You were provided with the section of the minute that you requested. We gave you the recorded
information which was relevant to your request. Therefore, on internal review we find that we
complied with this aspect. If you would like to make a further request for the whole document, then
you may of course do so.
 
Since the extract was provided to you the Board of Trustees have formally met to approve the
Minute. There were some changes requested, one of which impacted on the extract you were sent. I
now attach the revised extract of the Minute.

I have a further complaint that as a public body you must know the law and abide by it. You are not
doing this, and further, you are trying to mislead me about the nature of the law.
For example, claiming that opinions of individuals make them identifiable.

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09/08/2019 Mail - Owen Ward - Outlook

 
The point is that some of the information which individuals have given in the course of giving their
opinions makes them identifiable or in some cases identifies others. This is personal data which can
lawfully be withheld for the reasons described above. We have no intention to mislead you as to the
law.
 
Kind regards
Laura

Laura Ganderton
Company Secretary & Data Protec on Officer
The Schools of King Edward VI in Birmingham
Founda on Office, Edgbaston Park Rd
Birmingham, B15 2UD

Telephone: 0121 472 1147

Direct Dial: 0121 415 6006
Mobile: 07827 441618
From: Owen Ward <owenward@outlook.com>
Sent: 10 April 2019 19:48
To: Laura Ganderton <Laura.Ganderton@ske.uk.net>
Subject: Re: Consulta on

Dear Miss Ganderton,

Given the handling of this business I thought that I'd send an email to clarify my complaints about the
response, so that there may be no claim of ambiguity on my part.
My complaint about the response to my first request is that I know that the consulta on responses are not
exempt under the Data Protec on Act. These should be released.
My complaint about the further parts is that I believe that documents that I have asked for have been
concealed and withheld. For example you kindly furnished me with an extract of some minutes, but I am
en tled to the whole document. You have not explained to me why the rest of the document is exempt.
I have a further complaint that as a public body you must know the law and abide by it. You are not doing this,
and further, you are trying to mislead me about the nature of the law. For example, claiming that opinions of
individuals make them iden fiable.

Best regards,
Owen Ward

From: Laura Ganderton <Laura.Ganderton@ske.uk.net>

Sent: 08 April 2019 11:25:11
To: Owen Ward
Subject: Re: Consulta on

Dear Mr Ward,

As you informed us that you have already made a complaint to the ICO, I have asked the ICO whether we
still need to conduct an internal review. The ICO has advised me that no action will be taken by them until an
internal review by the Academy Trust has been conducted. We will, therefore, proceed with an internal review

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09/08/2019 Mail - Owen Ward - Outlook

as requested. The response to an internal review will normally be provided within 20 school days
(which, counted from today, is 17 May) and in exceptional circumstances may take up to 40 school days.

Kind Regards,

Miss Laura Ganderton

Laura Ganderton | StudentICSA, BSc Hons

Company Secretary & Data Protection Officer

The Schools of King Edward VI in Birmingham

& King Edward VI Academy Trust Birmingham

Foundation Office

Edgbaston Park Road

Birmingham, B15 2UD

Mobile: 07827 441 618 Direct Dial: 0121 415 6006

Email: laura.ganderton@ske.uk.net

LinkedIn

From: Owen Ward <owenward@outlook.com>

Sent: 04 April 2019 16:55
To: Laura Ganderton
Subject: Re: Consulta on

Dear Mrs Ganderton,

I am not sa sfied with this response and as per the Freedom of Informa on Act I am asking you to
conduct an internal review into the ma er. The Informa on Commissioner's Office recommends that
you complete this review within 20 working days. Hopefully this me I will not have to remind you of
the deadline the day before.
Under normal circumstances I would wait another 20 working days before complaining to the ICO,
but given the blatant viola ons of your duty by law to release the informa on that I have asked for,
and your inten onal misinterpreta on of my requests, I will be filing my complaint today.

Your Sincerely,

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09/08/2019 Mail - Owen Ward - Outlook

Owen Ward

From: Laura Ganderton <Laura.Ganderton@ske.uk.net>

Sent: 04 April 2019 14:59
To: owenward@outlook.com
Subject: RE: Consulta on

Dear Mr Ward,

Please see our responses in purple below:

I would like to see the raw data for the results of the recent public consulta on upon the imposi on of
catchment areas in Birmingham.
The raw data of the public consulta on is exempt under Sec on 40 of the Freedom of Informa on Act 2000.
The reason for this is that the raw data contains personal informa on such as the name and email address of
the respondents along with the opinions of individuals, which is classed as personal informa on. The opinions
expressed o en make the individuals iden fiable and on occasions iden fy others. Under the first data
protec on principle - it would not be fair to the people that filled in the forms and are iden fiable in the
opinions expressed to publically disclose the raw data. This is due to the fact that upon comple ng the public
consulta on responses there was the reasonable expecta on that respondents opinions would be kept
confiden al.

I would like to have the very earliest records for the plans for the catchment areas. For example, it would be
very useful to know who came up with the idea, whether a person, a group of people, a par cular school, etc.
If you do not have this informa on on record, then just the three or four earliest records of the proposi on
would be very helpful. These records should include the reasons for imposing catchment areas in the first
place.
No data held. The reasons are covered by the ra onale and FAQs on the Founda on website
h ps://www.schoolso ingedwardvi.co.uk/admissions-policy-2020-faqs/

I would like to have any records, (eg transcrip ons) about the final decision to go ahead with the changes
despite the consulta on results, including the reasons for doing so.
The final decision was taken on 25 February and recorded at the next mee ng of the Trustees on 18 March, an
extract of which is a ached.

I would also like any records of the decision to not publish the results of the consulta on publicly, if there are
such things.
No data held.

Warm Regards,

Laura Ganderton | StudentICSA, BSc Hons

Company Secretary & Data Protection Officer

The Schools of King Edward VI in Birmingham

& King Edward VI Academy Trust Birmingham
Foundation Office
Edgbaston Park Road
Birmingham, B15 2UD

Mobile: 07827 441 618 Direct Dial: 0121 415 6006

Email: laura.ganderton@ske.uk.net
LinkedIn

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09/08/2019 Mail - Owen Ward - Outlook

From: Owen Ward <owenward@outlook.com>

Sent: 08 March 2019 22:23
To: Office <office@ske.uk.net>
Subject: Consulta on

To Whom It May Concern

I would like to make a request for informa on as per the Freedom of Informa on Act 2000.

I would like to see the raw data for the results of the recent public consulta on upon the imposi on of
catchment areas in Birmingham.
I would like to have the very earliest records for the plans for the catchment areas. For example it would be
very useful to know who came up with the idea, whether a person, a group of people, a par cular school, etc.
If you do not have this informa on on record, then just the three or four earliest records of the proposi on
would be very helpful. These records should include the reasons for imposing catchment areas in the first
place.
I would like to have any records, (eg transcrip ons) about the final decision to go ahead with the changes
despite the consulta on results, including the reasons for doing so.

I would also like any records of the decision to not publish the results of the consulta on publicly, if there are
such things.

Yours Sincerely,
Owen Ward

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