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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.

Vexatious even without any consideration of the facts

Information Commissioner Posted on Tue, March 18, 2014 07:39:25

Wednesday, March 12, 2014 2:37 PM

Re: Internal review response[Ref. RCC0533022]
Dear Madam

I am not satisfied this is a review and I am not satisfied you have even taken me seriously. You have merely repeated the original vexatious decision.

Please show me how you reviewed this decision

Alan M Dransfield
———————————

12 March 2014

Case Reference Number RCC0533022

Dear Mr Dransfield

Your request for an internal review of the handling of your information request case reference IRQ0529459, for the following information, has been passed to me to undertake.

“If I understand the subject title correctly the ICO should have been operating a paperless office for the last decade.
Can you please advise me when you expect the ICO to be compliant with such standards.”

I uphold the refusal of this request as vexatious under section 14(1) of the Freedom of Information Act 2000 (FOI) for the reasons given in our letter of 28 February 2014.

If you are dissatisfied with the outcome of the review you may make a section 50 complaint to the ICO.

How to complain

Information on how to complain is available on the ICO website at:

By post: If your supporting evidence is in hard copy, you can fill in the Word version of our complaint form, print it out and post it to us with your supporting evidence. A printable Freedom of Information Act complaints form is available from the ICO website. Please send to:

Case Reception Unit
First Contact Team
Information Commissioner’s Office, Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

By email: If all your supporting evidence is available electronically, you can fill in our online complaint form. Important: information included in the form, and any supporting evidence will be sent to us by email.

Yours sincerely

Lisa Adshead
Group Manager



Sigh, vexatious again.

Information Commissioner Posted on Mon, March 17, 2014 13:31:36

Dear Mr Dransfield

Thank you for your email of 12 February 2014 in which you have made a request for information to the Information Commissioner’s Office (ICO).

Specifically in your email you asked;
“Please provide with full details of the final pension details for all senior ICO executive staff.”

We are treating your request as a request for information under the Freedom of Information Act 2000 (FOIA).

The ICO already publishes some information on its website about the pension arrangements of its senior executive team. This information can be found in our Annual Reports and also in the Management Board’s Register of interests;

http://ico.org.uk/about_us/performance/annual_reports
http://ico.org.uk/about_us/our_organisation/management_board/registers_of_interest

As this information is reasonably accessible to you from our website this information is exempt under section 21 of the FOIA.

The information on our website represents the extent of the information we intend to publish about pension arrangements for senior ICO staff. We consider that disclosure beyond this would be unfair.

However we recognise that the scope of your request for ‘full details of the final pension details for all senior ICO executive staff’ extends beyond information which is already published and we are refusing this further element your request as vexatious under the provisions of section 14(1) of FOIA.

As you will be aware we have previously explained to you our reasons why the various requests you have submitted to the ICO are refused in reliance on section 14(1). Therefore we do not intend to repeat these in any detail here. However you should understand that our reasons for refusal of this request closely follow those explained previously.

The frequency of your requests

As you will recall we explained in our letter of 29 January 2014, that:

“We consider that, collectively, receipt of this number of requests within a short period of time, is in itself highly likely to be disruptive and create a considerable amount of work for ICO staff, in addition to their regular duties. We further consider that submission of this number of requests in quick succession is indicative of an obsessive approach to the ICO’s activities, and that a reasonable person would recognise that this would be likely to cause disruption.”

Despite the above explanation of 29 January 2014, which in itself was a refusal of 15 information requests, you have continued to submit requests to the ICO. In the month since this explanation was provided to you we have received a further six information requests from you including this one. We have explained to you the difficulties your frequent requests present for the ICO.

The subject of your request

Given that the ICO already publishes some information about the pension arrangements of its executive team and this request is the latest in a stream of requests on varying topics that you have made, we consider that your request is intended primarily to disrupt the work of the ICO and to continue the harassment of those individuals in support of your personal agenda, without any reasonable justification. As we have mentioned before, rather than being a genuine attempt to obtain information it seems this could be an attempt to find either a topic for an FOI request which will not be refused as vexatious (which is quite possibly itself a vexatious act) or an attempt to gather evidence to support the view you have recently expressed, that the ICO will refuse any request regardless of subject material.

This topic is therefore also one which we consider would add to the drain on the ICO’s resources which responding to your requests would create. It is therefore likely that future similar requests will also be refused without acknowledgement or response, under the provisions of section 17(6) of FOIA.



Confusion at the ICO

Information Commissioner Posted on Mon, March 17, 2014 12:31:29

Sent: Friday, March 14, 2014 1:19 PM

Subject: Re: Dransfield v Information Commissioner & Devon County Council EA/2010/0152

Dear Mr Bailey, ICO

Thank you for that and I have the following comments:

1.you don’t sound too certain to which Court Authority the DCC rely on.

2. The GIA/3037 /2011 is NOT a binding authority as you claim. At worst , it is a rogue judgement …… and at worst it a document to pervert the course of justice.

Alan M Dransfield

———————————————–
On 14 Mar 2014, at 11:36,

Dear Mr Dransfield,

Further to paragraph 12 of the attached case management note, please find attached a copy of the authorities bundle index. A copy of the authorities bundle will be sent out in the post today (I apologise for the delay). You will note that I have included in the index those authorities the Tribunal has directed should be included. Having considered the parties’ skeleton arguments, I do not believe that the parties are seeking to rely upon to any other binding authorities.

Yours Sincerely,

Mr Richard Bailey
Richard Bailey Solicitor
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 5AF.



N J Warren, First Tier Tribunal President

Information Commissioner Posted on Mon, March 17, 2014 12:22:27

To: GRC at HM Courts

Sent: Saturday, March 15, 2014 6:56 AM

Subject: FOIA REQUEST ref PRESIDENT OF THE FTT

Under the Protection of the FOIA 200 please provide me with a full bio data of Sir Nicholas Roger Warren. The reason I ask for this information is for the full clarification of the FTT President who signs himself as NJ Warren. My understanding is that NJ Warren and Sir Nicholas Roger Warren the FTT President are one and the same.

I believe this is an attempt to confuse the general public and I do not consider it is right and proper that any court authority signed by NJ Warren is acceptable. Whilst this is initially a FOI request, it doubles up as a formal complaint against NJ Warren the FTT/UT President.

In the interest of clarity and justice, I believe that both the FTT and the Upper Tribunal Judges should sign their full names and title on their decisions.

Perusal of the FTT decisions clearly show an alarming STRIKE OUT rate by NJ Warren .e.g 100 out of 160. That is an alarming strikeout rate. There is a striking similarity between the ICO vexatious decisions and NJ WARREN strike out rate which are largely requested by the ICO, which no doubt will leave a bad taste in people’s mouths.

I fervently believe that all future decision by this Judge should be signed as Sir Nicholas Roger Warren. FTT/UT President.

For your information,action and files.

Yours sincerely

Alan M Dransfield



No accountability at the Information Commission

Information Commissioner Posted on Mon, March 17, 2014 08:44:34

Email sent to Ben Bradshaw MP March 14, 2014 7:04 AM

Dear Mr Bradshaw

Please see my complaint to the Information Commissioner’s Office which is self explanatory. The ICO has not even acknowledged this letter, which reflects their typically cavalier attitude towards the Rule of Law.

I now turn to my MP and request you to elevate this matter to Chris Grayling, the Minister of Justice.

It is evident to me the ICO has not only consistently failed their Mission Statement to uphold the HM Statutory FOIA 2000 & 2012, they have flagrantly abused the FOI Act 2000 in bad faith to pervert the course of justice.

In light of the recent FOIA Case decision in the Court of Appeal yesterday ref HM Prince of Wales and the ongoing phone hacking debacle, I call upon my MP to act on these allegations of bad law and bad faith by the ICO and HM Courts.

There is prima facie evidence in the public domain that the ICO has flagrantly abused section 14 (Vexatious Exemptions) nearly two hundred (200) times since Jan 2013. In particular, I refer to GIA/30337/2011 Dransfield v ICO & Devon County Council. Not only have they abused their powers of office and failed their own mission statement, they have been part of a wider conspiracy to pervert the course of justice and in particular section 77 of the FOIA 2000.

With thanks

Yours sincerely

Alan M Dransfield



Court of Appeal

Information Commissioner Posted on Mon, March 10, 2014 19:55:17



When will the ICO be compliant?

Information Commissioner Posted on Sun, February 02, 2014 15:23:09

To: Richard Bailey

Cc: Ben BRADSHAW

Sent: Sunday, February 02, 2014 3:04
PM

Subject: Electronic Records
Management

Dear Mr Bailey

If I understand the subject title correctly the ICO should have been
operating a paperless office for the last decade.

Can you please advise me when you expect the ICO to be compliant with such
standards.

With thanks

Your sincerely

Alan M Dransfield



When will the ICO enter the 21st Century?

Information Commissioner Posted on Sun, February 02, 2014 15:20:49

Sent: Friday, January 31, 2014 3:43
PM

Subject: Re: EA/2011/0152 Dransfield v ICO
& Devon County Council

EA/2010/0152 Dransfield v ICO &DCC

Dear Mr Bailey

You either misunderstood my request or your IT technical knowledge is
limited. It is after all 2014. Hence, I would have envisaged the ICO would now
be a paperless office; obviously not. If you ran a paperless system you would not have to scan ANY documents.

Quite frankly, I am not surprised the ICO operate in such tardy, disorganised manner because of its draconian paper recording system.

As a keen environmentalist, I am deeply concerned that the ICO do not run a
paperless office records system. I think our American cousins have been
paperless for a number of years. I am also deeply concerned the ICO operate
without any QA/QC controls as in ISO 9000, and it would also automatically
follow the ICO are in breach of ISO 14000.

Quite frankly, I see no justification whatsoever that you cannot operate a paperless records system.

Maybe this is something you could look into!

With thanks

Yours sincerely

Alan M Dransfield

…………………………………………………..

On Fri, Jan 31, 2014 at 3:10 PM, Richard Bailey wrote:

Dear Mr
Dransfield,

I note your request
for an electronic copy of the final bundle and supplementary bundle. However, I
do not have an electronic copy of the bundles which would, in any event, be too
large to scan in and send by email.

Yours
Sincerely

Richard
Bailey
Solicitor



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