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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.

Unlawful Decision Notices

Vexatious Posted on Fri, April 14, 2017 06:50:40

Email sent – 13/04/2017 11:53

Information Commissioner’s Office

Attn Elizabeth Denham

Dear Madam

I draw your attention to the following two(2) decision
notices, which are unlawful.

The first case is a complaint
brought against the Information Commissioner’s Office, in which the ICO has investigated against
themselves. This is not acceptable because the ICO lose their independence and
it is a gross conflict of interest. Any fair-minded person would agree that this
is not conducive to transparency and accountability.

I am not aware how many times this has happened, but I would
suggest you check your files and initiate a forensic inquiry into ICO v
ICO Decsion Notices. For sure, there are at least 1/2 Dransfield v ICO
decision notices. Being able to self-examine and self -investigate beggars belie,f but nothing surprises me anymore with the ICO. They
appear to be above the law. This may well be happening because of fiduciary failure in the chain of command right through to the Secretary of State, Karen Bradley, who is more than guilty of wilfull blindness.

The second case is related to
the Cabinet Office in which they have used the section 14/1
vexatious exemption. This decision is unlawful because you have failed to cite
the Court Precedent/Authority to the complainant. We must assume you were
relying upon the Dransfield vexatious hogwash Decision GIA
3037/2011, but you failed to include it in your Decision
Notice; hence, that DN is unlawful.

As you are aware, all my
correspondence to the ICO is being thrown straight into the bin or
at least not acknowledged.

It strikes me your Case
Management Team need further training into the FOIA 2000.

It is also very apparent that
the ICO is not double-checking their Decision Notices before publication. The
fact the ICO does not operate an ISO 9000 QA-QC is serious, which would
explain the root cause of such cock-ups.

I will take this opportunity to
report your Northern Ireland Representative Ken Macdonald who has failed to
respond to my FOIA requests against the HSE in Northern Ireland. At best,
the ICO both HQ and NI are treating me in a shabbily cavalier
manner, and at worst they are circumventing the FOIA 2000, section 77 in
particular, with an aim to pervert the course of Justice. I suggest the
latter.

I do believe the time has come for a forensic
investigation into the conduct of the ICO Management

With thanks

Yours sincerely

Alan M Dransfield

FOIA Campaigner & Social Watchdog.



Vexatious decision

Vexatious Posted on Mon, April 10, 2017 06:37:55

https://ico.org.uk/media/action-weve-taken/decision-notices/2017/2013864/fer0646554.pdf

“The term ‘vexatious’ is not defined in the legislation. In Information Commissioner vs Devon County Council & Dransfield1, the Upper Tribunal took the view that the ordinary dictionary definition of the word vexatious is only of limited use, because the question of whether a request is vexatious ultimately depends upon the circumstances surrounding that request. The Tribunal concluded that ‘vexatious’ could be defined as the “…manifestly unjustified, inappropriate or improper use of a formal procedure” (paragraph 27). The decision clearly establishes that the concepts of ‘proportionality’ and ‘justification’ are central to any consideration of whether a request is vexatious.”



Exeter PFI schools iffy Fire Certificates

PFI Schools Posted on Wed, March 29, 2017 18:55:51

Email sent – 29/03/2017 16:01

Dear Mr Bradshaw MP

In light of the breaking, alarming news about PFI
schools Health and Safety issues nationwide, I really do believe you
should call for a full H&S audit on the 6 Exeter PFI Schools.
Looking through some old records, I note all the Exeter PFI schools
Completion Certificates were signed 4 years ahead of the Fire
Certificates. In layman’s language this is the horse before the cart.

As I am sure you will
appreciate the Completion Certificate should not be approved and signed before the fire inspection has been carried out. Not rocket science, is it Mr
Bradshaw? It is most suspicious that the Exeter City Council claim
they inspected all 6 schools for fire certifcation on the 9th May 2011. It is
physically not possible to conduct a fire inspection on 6 large PFI Schools on
the same day. It should be noted also that the mechanical and electrical sub contractors works on the 6 PFI Exeter schools have admitted to
a number of fire hazards in a number of PFI Schools and hospitals nationwide……

It beggars belief that the Exeter City Council (Building
Controllers) would allow 6 PFI schools to operate without a Fire Certificate
for 4 years. Most Bizarre……

As you are aware, the Upper
Tribunal refused my FOIA hearing last year because they claim my request
was vexatious.

Operating 6 schools without
Fire Certificate is at best remiss and at worst criminally negligent; I
suggest the latter. I call upon my MP to seek an explanation why these
6 PFI schools were not certified for Fire protection some 4years + after the
Completion Certificates.

I would also ask my MP to write to the Upper Tribunal and
ICO and ask them to revisit their vexatious decisions because it would
appear Dransfield’s FOIA request is nowhere near vexatious. There
no doubt in my mind you will not take the needful action, but it will
suffice my records that I have made such a request.

Skeptics might say, there’s no big deal, no fires, no
deaths and no injuries. My brain doesn’t work like that; I want to know why the
Exeter City Council Chief Building Controller Mr Alan Stoke (retired) appears
to have lost his moral compass and allowed school to operate in a legal void for
over 4 years. The Upper Tribunal Judge Wikeley is on record that I was
abusing the FOIA system and manifestly unreasonable and that my request was
without serious purpose or public interest. My response to that is hogwash. If you had any backbone at all you would be kicking doors
down at the DCC and City Council asking for a full inquiry into this
Dransfield Vexatious bullsh*t. These Fire Certicates are further concrete
evidence that my original FOIA request was benign, straightforward and noth in the Public Interest and with serious purpose

With thanks

Yours sincerely

Alan m Dransfield



Health and Safety Executive letter

Olympic Stadium Posted on Sun, March 26, 2017 18:15:31


Scottish Information Commissioner up to the job

Information Commissioner Posted on Thu, March 23, 2017 05:37:50

Email sent – 21/03/2017

Dear Ms Denham, Information Commissioner

Please see the following article from the Scottish Information Commissioner’s Office who,
it would appear, has her finger on the pulse and is holding Scottish
ministers to account. That cannot be said about the English Information
Commissioner, who appears to have a very cosy little relationship with MPs
and Judges and rogue public authorities

I would imagine something
similar to this will land on your desk sooner rather than later. I do hope you
don’t think this letter is too vexatious or mainfestly unreasonable.

Yours

Alan M Dransfield

https://theferret.scot/scottish-ministers-freedom-information-beavers/



PFI school to be demolished

PFI Schools Posted on Sat, March 18, 2017 06:54:10

Email sent – Sat 18/03/2017 01:47

FOI Officer
Redcar & Cleveland Leisure and Community Heart
Ridley Street
Redcar
Yorkshire
TS10 1TD

Dear Sirs

FOI for South Bank Primary School

Under protection of the FOIA
2000 please provide me with a PDF copy of the As Built Health and Safe File for
the original construction by Mowlem. Please also provide me with a copy of the
Carillion report which confirms the demolition of the school.

Yours sincerely

Alan M Dransfield



Mr Richard Howson, CEO Carilion, over to you.

PFI Schools Posted on Fri, March 17, 2017 17:47:00

Email sent – Fri 17/03/2017 07:55

Carillion Construction PLC

Mr Richard Howson CEO

Dear Mr Howson

Further to my earlier email ref PFI irregularities and
anomalies at your Exeter PFI Schools, it would appear there are which
confirms Carillion are demolishing a brand new PFI School in Middlesborough.

If my memory serves me correctly in my old age, Mowlem built
the 6 PFI schools in Exeter as well.

May I suggest/recommend that ALL PFI schools built by Mowlem
(now Carilion) should be subjected to a H&S audit.

With thanks

Yours sincerely

Alan M Dransfield
http://www.constructionenquirer.com/2016/07/13/carillion-to-rebuild-pfi-school-after-mowlem-blunder/



PFI school demolished – not fit for purpose

PFI Schools Posted on Fri, March 17, 2017 17:40:48

Email sent – Fri 17/03/2017 08:21

Dear Mr Bradshaw MP

Please see the following link which refers to a new PFI
school in Middlesborough being demolished because it wasn’t fit for purpose. Owing
to the fact it was the same contractor who built the 6 PFI schools in Exeter,
do you not agree with me that a full Health and Safety audit should be conducted at the
Exeter Schools.

I do hope you don’t think this letter is too vexatious.

Yours in disgust

Dransfield

http://www.constructionenquirer.com/2016/07/13/carillion-to-rebuild-pfi-school-after-mowlem-blunder/



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