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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.

Inconsistency at the Information Commissioner’s Office

Vexatious Posted on Sun, May 03, 2015 08:44:27

This case, at the very least, shows an extreme inconsistency by the Information Commissioner’s Office.



No Health and Safety Files Held.

PFI Schools Posted on Sun, May 03, 2015 08:38:23

Email sent – 29 April 2015 14:57

Dear Mr Bradshaw MP

Please see the following email from Chudleigh schools, who confirm they do
not hold any as built Health & Safety files at the school.

It is a legal requirement to hold such files on the premises

Strikes me the Devon County Council don’t know what they are doing

Dransfield

From: “Chudleigh School Administrator”

Date:
29 April 2015 14:29:41 BST
To: “‘alan dransfield'” <
Subject:
RE: FOIA REQUEST

Dear
Mr. Dransfield,

In
response to your request, I am now able to advise that we are a Devon County
Council maintained school and our

on-
going maintenance is undertaken via NPS. We do not hold ‘As Built Health &
Safety files’ as these are held by whoever commissioned the building. In our
case this would be DCC. I note that DCC have referred you to apply directly to
us but I wonder if there might have been a misunderstanding with a school with a
similar name which is an academy school? Therefore DCC would have referred you
direct them.

Yours
sincerely,

Barbara
Carr

School
Business Manager

From: alan
dransfield [
Sent: 27 April 2015 05:59
To: admin@chudleigh.devon.sch.uk
Subject:
FOIA REQUEST

Chudleigh Primary
School

Dear Sir or
Madam

I have been informed by the DCC
to redirect my FOIA request directly to the school.

Under protection of the FOIA
2000, please provide me with the following
information.

1. A copy of the As Built
Health and Safety File aka Operation Maintenance
Manuals.

With
thanks

Yours
sincerely

Alan M
Dransfield.



Who is responsible? Vexatious to ask.

PFI Schools Posted on Sun, May 03, 2015 08:03:18

Email sent – 01 May 2015 06:45

Dear Mr Bradshaw MP

Please see the response from the ISCA college.

Devon County Council has informed me that the DCC does not hold any remit for Academy
schools.

I seek your assistance in this matter please.

By the way, the ISCA college is operating in a legal void in the absence of any as
built Health &Safety files.

Alan M Dransfield

From: “Alison Moxey”
Date:
29 April 2015 21:00:07 CEST
To: “Alan”
Subject:
Re: Contact Form Isca College

Dear Mr Dransfield

Thank you for
your email. I am not sure who at DCC referred you back to us. The documents
you refer to are not in the procession of the school, they are held between DCC
and the PFI contractor.

I am sorry I cannot be
of any further help

Kind
regards
Ali

Alison
Moxey
Assistant Vice Principal
Isca

Earl Richards Road
South
Exeter
01392
204082

On 28 Apr 2015, at 11:19, Alan wrote:
Dear Ali
The DCC advised me to contact the school because
you are now an academy.
Kind regards
Alan
On 28 Apr 2015, at 07:48, Alison Moxey wrote:

Dear Mr
Dransfield

Thank you for your email. This request will need
to be made to Devon County Council please liaise with them
direct.

Kind regards

Ali

Alison Moxey

Assistant Vice
Principal

Isca Academy

Earl Richards Road
South

Exeter EX2
6AP

01392 204082

From: Admin Office

Sent: 27 April 2015
12:28

To: Alison
Moxey

Subject: FW: Contact Form Isca
Coll

Sent: 26 April 2015
07:45

To: adminoffice@iscacollege.devon.sch.uk

Subject: Contact Form Isca
College

Contact Form Entry :

Name :

Email Address : alanmdransfield@gmail.com Subject :
FOIA REQUEST Comment

Under protection of the FOIA 2000 please provide
me with a copy of your

1. As Built Health and Safety Files a.k.a. Operations
Maintenance Manual.

2. A copy of your Approved Lightning Risk
Assessment.



“General right of access to information held by public authorities”

Vexatious Posted on Sun, May 03, 2015 07:49:03


Still, let’s not be vexatious and mention this, eh.

Devon County Council Posted on Sun, April 26, 2015 08:46:04

http://www.sovereignindependentuk.co.uk/2013/09/13/green-egg-on-face-7m-eco-school-springs-a-leak-pupils-herded-into-tents-for-further-sustainable-indoctrination-cui-bono/



How is this “manifestly unreasonable”?

Devon County Council Posted on Sun, April 26, 2015 07:21:55

Email sent – 26 April 2015 06:54

Rt Hon Erick Pickles Minister for Local Government and Rt Hon Ben Bradshaw
MP for Exeter.

Dear Mr Pickles and Mr Bradshaw

I received 4 FOIA responses yesterday Sat 25th Apr 2015 and no one of them
was refused under section 14(1) vexatious. Wow, I am impressed with the New FOIA
Officer Mr Simon Osborne.

They were:

1. Ref 2733697 Dartington School. Refused under EIR 12(4)(b) which is still vexatious in any language.

2.Ref 2733499 Chumliegh School. Refused. Do not hold information.

3.Ref2733996.Moretime required ref DCC credit cards.

4.Ref2733698. Full response ref DCC Legal Fee ref Dartington School legal fees.

However, I am still not satisfied with the Devon County Council because I now have to write
another letter and hand carry or send it by snail mail owing to the lifetime
email ban against me as I wish to seek a DCC review on their FOIA decisions in
1/4 above. I am also debarred using the DCC on-line complaint form.

Ref the item #1 above , the DCC exemption yesterday was in response to my
FOIA request for information on Dartington Eco School, which I remind you is
the new £7 million Eco School currently before the High Court which is
unsafe and unfit for purpose.

The DCC claim my Dartington FOIA request is “MANIFESTLY UNREASONABLE IN
ACCORDANCE WITH REGULATION 12(4)(b)”.

My response to that is hogwash, we have a situation where a £7 million
pound school is unsafe and unfit for purpose and is currently before the High
Court which has cost the DCC £64K(so Far) in Legal Fees and the DCC claim EIR
section 12 (b)(4).

In a nutshell section 12(4)(b) of the EIR is a GET-OUT-OF-JAIL-FREE-CARD
and is in essence the bastard brother of section 14(1) vexatious.

It beggars belief the DCC have now claimed section “MANIFESTLY
UNREASONABLE” for this particular school which is unsafe and unfit for
purpose.

The public interest and public openness and transparency far outweighs the
DCC need for secrecy.

In the event you are re-elected at the General Election Mr Bradshaw, you
need to kick down some doors are ask the DCC why they are consistently abusing
the FOIA 2000 & EIR 98. The DCC is still knowingly and willfully abusing both Acts. Mr Pickles, in the event you are re-elected you also need to kick the
doors down and check the fuse boxes in the DCC transparency, accountability and
security (TAS) department because I claim the TAS lights have been turned off
for the last 5 years ref DCC FOIA .

For your information action and files

With thanks

Yours sincerely

Alan M Dransfield.



Jimmy Savile Tapes

Vexatious Posted on Sat, April 25, 2015 08:20:04

Email sent –

25 April 2015 07:39

Justice Select Committee

Dear Sirs

Further evidence of wrongdoing by the Information Commissiner’s Office and Surrey Police ref the subject
title.

This is the redacted copy of the Savile interview (tape 1) and bear in mind
the Surrey Police used section 14/1 vexatious as an exemption not to release
the full tapes late last year.

I can understand how and why the Surrey Police would want to withhold the full tapes but is is not section 14(1) and both the ICO and Surrey Police knew
or should have known the request for the Savile Tapes was not vexatious. They
should have relied upon the Data Act 98 not section 14(1) of the FOIA 2000

It beggars belief that the Surrey Police and the ICO have relied upon
section 14(1) of the FOIA 2000,V exatious Exemption.

For your information action and files

With thanks

Yours sincerely

Alan M Dransfield



ICO appeal against First Tier Tribunal Decisions

Information Commissioner Posted on Thu, April 23, 2015 17:10:44

Further evidence that the FOIA /ICO System is corrupt. In particular, please
see the First Tier T ribunal tatistics ref FTT hearings which indicates a large percentage of
FTT hearings are lost.

It also beggars belief that the ICO are allowed to appeal against the FTT
decisions, which make a mockery of the FOIA 2000.



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