www.whatdotheyknow.com/request/questions_to_btd_ltdbtctMr Joe Kilker
Charity Commission
By email only to:
PO Box 211
request-308492-
Liverpool
L20 7YX
T: 0300 065 1789
Your ref:
Our ref: 1089540/C-429457
Date: 19/02/2016
Dear Mr Kilker
BARTON AND TREDWORTH COMMUNITY TRUST
Thank you for your email of 22 January 2016.
I am Steven Joshua of the Charity Commission’s Permissions and Compliance Team. I have
conducted a review of our decision that the information you requested under the Freedom of
Information Act (FOIA) in your email of 29 December 2015 was exempt from disclosure.
The review has been carried out in line with our published procedures, which are available at the
following link:
www.gov.uk/government/uploads/system/uploads/attachment_data/file/394719/our_guidance_on_requesting_a_review.pdf
I can confirm that I was not involved in the making of the original FOIA decision.
The scope of the decision review
The decision review examined whether the Commission was correct to decide that the information
requested in your email of 29 December 2015 was exempt from disclosure. The information
requested was as follows:
“…full details of the questions Andy Ashcroft claims to have put to Barton & Tredworth
Developments Ltd and/or 'former trustees' regarding the status of the Barton & Tredworth
Community Trust”
The Commission’s response
The Commission provided a response to this request in an email of 21 January 2016. The decision
was that the information requested was exempt from disclosure under section 31 of the FOIA.
General enquiries: 0300 066 9197
On track to meet your deadline?
Textphone: 0300 066 9219
Visit
www.gov.uk/charity-commission for help
on filing your annual return and accounts
Website:
www.gov.uk/charity-commissionConclusion
I have reviewed our decision and have concluded that we were correct to decide that the
information requested was exempt from disclosure under s31 of the FOIA.
Section 31(1)(g) of the FOIA is engaged if disclosure ‘would or would be likely to prejudice the
exercise by any public authority of its functions for any of the purposes specified in subsection (2)’.
The relevant purposes in subsection (2) in this case are:
(f) the purpose of protecting charities against misconduct or mismanagement (whether by
trustees or other persons) in their administration;
(g) the purposes of protecting the property of charities from loss or misapplication.
It is my view that disclosure of the information requested would be likely to prejudice the exercise
of the Commission’s functions for these purposes.
This exemption requires us to balance the public interest in disclosure against the public interest in
non-disclosure. In considering whether we applied this public interest test correctly in our original
decision, I took into account the factors in favour of disclosure which included the need for the
Commission as a public body to be transparent and accountable. I concluded that the public
interest lies in not disclosing the information requested. If communications with charities which are
subject to regulatory engagement by the Commission are routinely disclosed, charities would be
reluctant to co-operate or enter into open and frank discussions with the Commission in the course
of its ongoing work. In addition, disclosure would prejudice the consideration and assessment of
any regulatory action the Commission might be minded to take. This would adversely affect the
Commission's ability to regulate effectively.
If you are unhappy with this decision, you may apply to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: The Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Yours sincerely
Steven Joshua
And as I have already pointed out, having waited several months for
a response that was promised to me, it seems clear that there is no
'ongoing work' to be 'prejudiced'. In quoting me above, you
conveniently left out the 'waiting for well over three months' part
of my request, of course.
When Andy Ashcroft finally fulfills his commitment, there will be
no need to answer this request. Or do I have to telephone the
commission to speak to him?
Yours sincerely,
Joe Kilker