On the 7 February 2007 IDEA sent a letter and enclosures to your Local Land Charges Officer, summarising the situation facing Land Charge Departments.
Please forward to me copies of:
* All exchanges between your Land Charges Department and IDEA (both pre, post and including February 2007)
* All internal exchanges and reports showing, inter alia, how Council policy (and any replies thereto) was formulated in relation to IDEA’s correspondence.
Thank you for your e-mail dated 17 July.
This request is being handled under the Environmental Information Regulations 2004 (EIR) and the Freedom of Information Act 2000 (FOIA).
You requested “all exchanges between your Land Charges Department and IDEA (both pre, post and including February 2007)” and “all internal exchanges and reports showing, inter alia, how Council policy (and any replies thereto) was formulated in relation to the IDEA’s correspondence.”
I note that you refer to a letter and enclosures sent to the land charges officer the IDeA on 7 February 2007. Unfortunately, I confirm that I cannot locate any such correspondence dated 7 February 2007 from the IDeA to the local land charges department.
The Council only has a duty under the FOIA to comply with a request for information that it holds but it appears that the Council do not hold a record of this correspondence or any subsequent correspondence thereto.
Section 16(1) of the FOIA relates to the duty of an Authority to provide advice and assistance. It states:
It shall be the duty of a public authority to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who propose to make, or have made, requests for information to it.
In order to assist the Council with your request for information, I would suggest that you provide a copy of the correspondence to which you refer as being sent from the IDeA to local land charges department at the Council on 7 February 2007. It would also assist the Council if you narrowed the scope of your request confirming the subject matter which you require, as you have requested data for a period of around 10 years.
If you are unhappy with the handling of your request, or wish to make representations to the Council if you believe the Council has failed to comply with the EIR or the FOIA in relation to this request, please inform the Council in writing. You should supply details that you feel are relevant to your complaint. This should be addressed to “The Complaints Coordinator, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY”.
If you remain dissatisfied with the handling of your request or complaint, you have the right to appeal to the Information Commissioner (at The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF; Telephone: 0303 123 1113; Website: www.ico.gov.uk) for a decision as to whether, in any specified respect, your request for Information made to the Council has been dealt with in accordance with the requirements of the EIR and the Freedom of Information Act 2000. Regulation 18 of the EIR governs the appeal provisions under the Freedom of Information Act 2000 which apply to EIR, which are modified under Regulation 18 of the EIR (copy attached herewith).
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