THIS IS HOW EDDC DEALS WITH MANY OF OUR FREEDOM OF INFORMATION REQUESTS – A MASTERPIECE OF LAME EXCUSES, AVOIDANCE AND POSSIBLY WORSE.
The implication in the correspondence below raises serious questions.
1. EDDC does not appear to check what a third-party has done on its behalf.
2. It does not seem to ask for proof that the third party has done the work.
3. It seems to allow work that needs legal clearance to go ahead on the basis of 1 and 2 above with seemingly no proof that it IS legal.
FIRST YOU MAKE A CLEAR REQUEST:
Dear East Devon District Council,
“Following Cllr Moulding’s statement of today’s date (28.09.16) on BBC Radio Devon, that EDDC had ‘used a badger expert, and applied for the relevant license from Natural England’, in respect of the badgers identified as living on the site of the Jungle Fun and Crazy Golf, on The Queen’s Drive, Exmouth, I would like to request under the Freedom of Information Act 2000 and Environmental Information Regulations 2004, the following additional information:
1. When were badgers first identified as living on the Jungle Fun and crazy golf site?
2. On what date was the ‘badger expert’, Dr. Brown, enlisted by EDDC in respect of the badgers on the Jungle fun and crazy golf site, and what was his brief?
3 – Please provide Dr. Brown’s report pertaining to the badgers on the Jungle Fun and crazy golf site in full.
4. On what date was a license to interfere with a sett applied for with Natural England?
5. Please provide full details of the application made (the original application form and all attached material, and any relevant communications).
6. On what date, if at all, was this license granted?
7. Following the Radio Devon report in which it was stated permission had been given to move the badgers to a new site, please confirm that date on which that has, or will, happen, and any related documentation.
Yours faithfully,”
THEN EDDC GIVES YOU A REPLY ON SOME POINTS – WITH CRUCIAL INFORMATION MISSING ON THE REST – THIS TIME SAYING IT IS BECAUSE ANOTHER ORGANISATION MADE THE APPLICATION ON THEIR BEHALF AND THEY HAVEN’T SEEN WHAT THAT ORGANISATION ASKED FOR OR THE LICENCE THAT ORGANISATION SAYS IT GOT FOR THEM:
[Points 1-3 are answered]
“… In respect of parts (4-7) of your request, the application was made on behalf of the council and we do not hold a copy of the application or
licence itself.”
SO YOU ASK AGAIN – ANOTHER DELAY FOR UP TO 20 DAYS TILL THEY REPLY
“I would like to further request under the FOI act 200 and Environmental Regulations Act 2004:
1 – Who made the application of behalf of the Council.
2 – On what date did they make this application.
3 – As the requested application was made on behalf of the Council I would like to re-request a copy of the original application, as I believe this is ‘information held by another person on behalf of the authority’, which as stated in the ICO report (https://ico.org.uk/media/1148/informatio… ) , is held for the purposes of the FOI act.”
A smell of badger poo somewhere?