Information Governance Report Responses to Requests Period: 01/09/2012 - 30/09/2012 Type Public Sub Enqui ry ID 13519 Date Received Date Service Responded Enquiry Details Response Details 03/08/12 03/09/2012 Subject : London Pleasure Gardens Summary Legal Services 1. If London Pleasure Gardens (LPG) goes into liquidation what is Newham's financial exposure? Is it the full £2.6 million? 2. How much other public funding has the Pleasure Gardens received through grants, including lottery and European funding? 3. What arrangements are in place for the site to be decommissioned (i.e. tidied) if LPG were to fail as a company or at the end of the 3 year term? 1. The Council has provided a commercial loan of £3.3 million. 2. None 3. There is a provision in the lease for this site which requires that the site is to be handed back in good order, following expiry. 4. The business plan submitted by London Pleasure Gardens set out a range of significant and unique events and activities that were planned to take place in the lead up to, Games Time and beyond the London Olympics. The site was also considered in discussions with LOCOG during Olympic planning, where the egress of visitors from the Excel Centre to nearby DLR stations was considered to a significant factor in 4. What evidence underpinned the conclusion that the '[LPG] project will play a major role in the period immediately leading up to, during and beyond the Olympic Games'? 5. What evidence was your conclusion that the LPG will 'be a catalyst for the regeneration of the Royal [sic] and Newham as a whole'? 6. What evidence underpinned the conclusion that LPG would act as a 'sponge' for people from Exel during the Olympics? 7. What evidence underpinned the conclusion that the project was 'low risk', especially when other investors had pulled out? 8. Your assessment that there is 'a high level of support locally' is based on the fact that out of 10,413 letters received there was only 1 letter objecting to the proposals. How many letters from local residents explicitly supported the proposal? securing a high footfall of visitors to the site and the provision of further entertainment opportunities for Olympic visitors in the area. 5. The London Pleasure Garden’s concept was selected as a winner of the Meanwhile London competition which aimed to kick-start regeneration. The key driver for this was the planned bringing back into use vacant Brownfield sites to organise and deliver creative and entrepreneurial activities, create visitor destinations, deliver jobs locally and showcase the potential of the Royal Docks. 6. Information was provided by LOCOG over a long period as part of Olympic planning on the number of Olympic visitors expected to be exiting the Excel centre. This information suggested that there would be a high number of people queuing for Pontoon Dock DLR station and that the LPG site could help 'absorb' these people through providing an alternative offer of entertainment through unique activities and special events to enjoy whilst in the area. 7. Prior to reaching a decision on the commercial loan to the organisers full legal and financial due diligence was carried out. The decision was subject to full debate at Council and reports of external business and legal 9. Please can you supply a copy of the Mayor's submission in response to the consultation process. 10. How many complaints has Newham, your counsellor's and the Mayor of Newham received about the LPGs? consultancies were commissioned to fully advise of the business implications of the grant of the loan. 8. The assessment of support was gauged through the positive responses that LPG received via their extensive consultation with ward members and local residents about the project. This included providing a number of leaflets locally, local meetings and LPG running a number of site visits for the local community. The reference to the very low number of objections received was used as an example in relation to the numbers of residents reached during the consultation. Further information in respect of comments submitted in relation to the site’s use can be found on Newham’s Planning Portal, where the planning applications submitted for the site received two supporting statements. http://pa.newham.gov.uk/onlineapplications/ simpleSearchResults.do?action=firstPage 9. There was no Mayoral submission in response to this matter as the decision was subject to full debate at the meetings of Cabinet. For your reference, the minutes of the meetings of Cabinet in relation to the London Pleasure Gardens are available online. For your ease of reference, please see the link to the relevant webpage below http://mgov.newham.gov.uk/ieSearchResults2. aspx?SS=LONDON%20PLEASURE%20 GARDENS&DT=3&CA=false&SB=true&CX=10 988678&PG=1 10. Unfortunately we are unable to compile a full and complete record of the requested information from our systems. Complaints, enquiries and service requests can be received within the Council through a number of different routes, whether through the contact centre via telephone, by letter, or via email to services, through online forms or direct to individual officers or Members. There are also a number of different methods through which such correspondence are recorded both centrally and by individual services. It should also be noted that for some services complaints and service requests are recorded by the complainants name or address and not recorded or searchable by the specific nature of the complaint, other than by pre-selected headings. Therefore to search specifically for any nature of complaint regarding the London Pleasure Gardens would require a manual retrieval through records. We publish an anonymised list of requests and responses on the Council’s website. Therefore in order to retrieve a full and accurate compilation of the information requested would require an officer to manually interrogate all services’ complaints and general correspondence records, together with the correspondence received by sixty local Councillors and the Mayor individually, which even for the past six month period is likely to exceed thousands of records, to be able to identify if the correspondence or complaint related to London Pleasure Gardens. This manual exercise would exceed the appropriate time limit. Under the Freedom of Information Act the Council has a right to refuse a request for information held if the cost of complying with a request exceeds the appropriate limit. The appropriate limit for local authorities is £450 or 2.5 days or 18 hours. We believe in this case such an exemption applies and has decided to refuse your request for information under section 12(1) of the Act. 12 Exemption where cost of compliance exceeds appropriate limit (1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit. We are only able to provide accurate recorded information on the complaints which have been recorded centrally through the Corporate Complaints and Member Enquiries system. Our complaints system shows there have been no complaints received which have progressed through the Corporate Complaints procedure. Our Member enquiries system shows a total of four Mayoral enquiries, one Member Enquiry and two enquiries progressed through local Members of Parliament, which related to the London Pleasure Gardens. Public 13471 06/08/12 03/09/2012 Communicati ons Subject : Newham Live Sites - Olympics 1. I would like to know how much money has been spent on security? 2. I would like to know how much money has been spent overall so far on funding for both of the live sites. 3. I would also like to know alternatively how much money has been spent so far on the live Summary 1. Newham Live is Newham Council’s programme of free screenings of action from the Olympic and Paralympic Games and family entertainment at Stratford and Central Parks. It will finish on Sunday 9 September and to date more than 165,000 local residents and visitors have visited both sites. As the programme runs until 9th September the final figure spent on security is not yet available. 2. As of August 8th the amount spent on Newham Live was: sites? Stratford Live Site total = £100,783.02 Central Park Live Site total = £134,923.38 The total for both sites = £235,706.40 This includes all upfront and set up costs so includes the majority of expenditure. Organisation 13485 06/08/12 03/09/2012 Lettings Agency Subject : Allocation of Social Housing Summary 1. 1524 allocations of social housing. This request relates to "General 2. 771 allocations in council owned or Needs" social housing lets made managed stock. in the financial year 2011/12. 3. None 4. 753 allocations to registered social a) How many applicants for landlords. social housing to Newham were allocated social housing? (this includes all lets – new applicants, transfers, homeless etc.) b) How many applicants for social housing to Newham were allocated social housing in council owned or managed stock and; c) how many of these lets were recorded in the Continuous Recording of Lettings and Sales (CORE)? d) How many applicants for social housing to Newham were allocated social housing provided by a registered social landlord? Public 13542 10/08/12 03/09/2012 CYPS Schools Traded Services Subject : Out of School Clubs Summary Number of breakfast, homework or other after school clubs operating in your local authority during the 2011/12 school year compared to the 2010/11 school year. Please find attached a list of before and after school clubs in the borough. The number of breakfast, homework or other after school clubs operating in your local authority during the 2011/12 school year compared to the 2010/11 school year; 2010/11 = 33 2011/ 12 = 31 The number of Homework Clubs operating in the authority during the 2011/12 school year compared to the 2010/11 school year: 2010/11= 10 2011/12 = 10 Newham Libraries run Homework Clubs in all 10 libraries. Homework Clubs are run term time only, every week (including half term breaks) and provide study support to children and young people aged 7 -14. The duration of these sessions are 2 hours. Public 13547 10/08/12 03/09/2012 Adult Services (FOI) Subject: Nursing Home Charges Placement outside the borough. 1. The policy or criteria for determining what your usual charges are for nursing home placements and the rules for increasing these payments in order to take account of inflation. 2. Your usual charge for placement in a nursing home. 3. The average charge for nursing homes in your borough, or the range of charges that you know of. 4. How many placements you have made, which were solely funded by the council, which were above your usual charge:i) borough ii) borough Within your Summary 1. Providers have signed up to a framework agreement, including all the residential and nursing homes in Newham. In reference to Price Variation the following has been stated in Clause 9 of the Service Contract. Annual price reviews will be initiated by the Council and it is at the Council's discretion as to the final outcome of such a review. The Council shall take a number of factors into account including, but not exclusively: i) Where applicable, the Contractor’s performance rating with the Local Authority – for the avoidance of doubt no increase in fee shall be payable where a Contractor has fallen below 80% for 2 consecutive quarters; ii) The Council’s Adult Services Directorate’s and NHS Newham overall financial position including the level of any increase in budget and priorities. 2. The ceiling cost for placements in nursing homes in 2012-13 is £641.94 inclusive of Free Nursing Care element (£108.70). Outside of your 3. The average cost of currently loaded nursing care packages in the borough is £518.66 4. We can advise that the number of current open placements above the usual charge rate that are solely funded by LBN are: i) ii) Public 13670 21/08/12 03/09/2012 Economic Regeneration Subject: Contaminated Land Summary I am currently updating our database and would be grateful if you could confirm if you have any contaminated land entries on your public register? We can advise that in relation to this request there are two properties in Coopers Walk, London E15 listed on the Part IIA Public Register for the London Borough of Newham. These properties were declared as statutorily contaminated, but have been cleared by the developer and no longer pose a risk to health. If there are no sites of contaminated land on the Part IIA register would it be possible to confirm this by replying to this email stating 'No New Data?' Public 13554 14/08/12 04/09/2012 Community Participation 25 6 Subject: Budgets for Community Participation It maybe helpful to explain that a determination will be registered where a property is at first identified as contaminated, even though the property is then subsequently cleared. We can advise that there is also a remediation statement on the register for these properties, stating that all reported faults have been rectified. Summary Unit Schemes The 2012/13, 20111/12 and 2010/11 budget for holiday activities (holiday schemes and clubs) aimed at young people. It is clarified as schemes administered/funded by the Council for children 15 years or younger. Public 13556 14/08/12 04/09/2012 Learning and Schools Service (Non Schools) The direct delivery costs for the holiday programmes delivered and funded by the Council were: 2010/11 - 162,800 2011/12 - 180,800 2012/13 - 225,600 (including a grant specifically for activities during the Olympic Games period). These projects being aimed at young people aged up to 19 years of age, or 24 for young people with learning difficulties/disabilities. Subject : Nursery Closure Summary Minutes and meeting notes discussing the reasons for the closure of Chestnut Nursery School @ Ellen Wilkinson Children’s Centre Nursery, Tollgate Road, Beckton, London, E6 5UP We do not hold the information in relation to this request. The information that you require will need to be obtained directly from the Headteacher at Ellen Wilkinson Primary School and the details are as follows: Ellen Wilkinson Primary School Tollgate Road Beckton London E65UP Phone: 020 75119414 Headteacher: Mrs Sue Ferguson Ba Ed. (Hons) Organisation 13281 12/07/12 05/09/2012 Environment al Health Subject: Licensing Schemes Internal Review I wonder whether you might be able to send over the following documents: Withheld documents released Initial Response •The Supplementary Paper “Anti-Social Behaviour in the Newham’s Private Rented Sector (LBN, May 2012). This is mentioned at paragraph 4.2.9, page 16 of the Anti-Social Behaviour and the Private Rented Sector in Newham, Summary of Evidence Bundle, 11 June 2012 •The papers “PRS Licensing Update April 2012” (LBN, April 2012) and “PRS Licensing Update April 2012 HMO” (LBN, May 2012) that are mentioned at paragraph 4.3.16, page 21 of the Anti-Social Behaviour and the Private Rented Sector in Newham, Summary of Evidence Bundle, 11 June 2012 a. Please find enclosed a copy of the Private Housing & Environmental Health Anti-Social Behaviour in Newham’s Private Rented Sector. b. Under the Freedom of Information Act we have the right to refuse a request for information held if an exemption applies. We believe in this case Section 31 (1) (a) exemption applies and has decided to refuse this part of your request for a release of information contained within the Private Rental Sector Licensing Update and Licensing Update for April 2012. It is our view that Section 31(1)(a) of the Freedom of Information Act 2000 applies to this request. This section provides that information is exempt from disclosure if such disclosure would prejudice the “prevention or detection of crime”. The release of information into the public domain would in our view prejudice the objectives of preventing criminal behaviour and we have a duty to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of our decisions. We consider there is a significant risk that releasing details from the Licensing documents referred to in this request would release intelligence with regards to the correlation of methods used in the detection of crime between ASB and licensing. The Metropolitan Police have also expressed concerns, indicating that the release of the information sought would in their view increase the potential for their intelligence methods to be compromised and that disclosing this information would prejudice the prevention of crime. The Act does not allow the Council to enquire as to motives, nor do we have any control over distribution of the information once it is released into the public domain. Section 31 is a qualified exemption to which the public interest test must be applied. There do not appear to be any obvious public interest considerations that would weigh in favour of disclosure beyond that wherever possible it is in the public interest for them to have access to information. There is however in our view clear public interest considerations that weigh in favour of not disclosing the information since to do so would prejudice the objective of prevention of crime which is of course in everyone’s interests. Having considered whether the public interest weighs in favour of disclosure or non-disclosure in this instance we have decided that it is not in the public interest to release such information. Organisation 13504 07/08/12 05/09/2012 Human Resources Subject : Social Workers Summary This request refers only to “qualified social workers”, i.e. practitioners holding a recognised social work qualification and registered with a national regulator. 1. Adults Social Care: 67.8 FTE social worker posts Children's Social Care: 129.9 FTE social worker posts Please provide a breakdown by adult and children’s services for all data. 3. Adults Social Care: 3.4 FTE social worker posts filled by agency staff. Children's Social Care: 7.4 FTE social worker posts filled by agency staff Please provide: 1. The total number of fulltime equivalent (FTE) social worker posts in your local authority as of 3 August 2012, including filled and unfilled posts. Figures relating to parttime staff should be rounded up and included within the overall figures for FTE staff. Please do not provide a headcount. 2. None 2. The number of vacant FTE social worker posts in your local authority as of 3 August 2012. Vacant posts are defined as ‘unfilled’ posts, i.e. not filled by any member of staff, including agency staff. 3. The number of FTE social worker posts filled by agency staff as of 3 August 2012. Public 13508 08/08/12 05/09/2012 CYPS Schools Traded Services Subject : School Organisation/ICT Provision 1. Are the schools within Newham split into groups / clusters/ pyramids? If so, what are the names of the groups/ clusters/ pyramids and what’s schools make them up? 2. Who is the main contact for each (referencing to the above question) 3. What is the council’s ICT strategy for schools e.g. VLE, Learning platform. Summary 1-2. Newham Association of Primary Head Teachers This represents 60 primary schools, 3 junior schools. 3 infant schools, 7 nursery schools and 2 special schools. The Chair is Mr Gary Wilkie, Head of Sheringham Primary School. Newham Association of Secondary Head Teachers This represents 15 secondary schools and 2 special schools. The Chair is Mrs Diane Rochford, Head of JFK Special School. 4. Please give a breakdown in numbers in terms of primary, infant, junior, special and whatever other categories there are that schools fall into 3. Newham's schools operate the London Grid for Learning VLE. 4. Please see our response given above. Further information on Newham’s schools can be found on the Newham Website. Please see the link below for your reference http://www.newham.gov.uk/EducationAndLear ning/Schools/SchoolsDirectory/default.htm Public 13510 08/08/12 05/09/2012 Adult Services (FOI) Subject : Care Contracts Summary I would like to request a copy of the contract between LBN and Carewatch East London (of Claughton Road, E13.) We can advise that there is currently no formal contract with Carewatch (East London). Any current business with them is on a spot purchase arrangement. However, the Council has recently procured a range of Home Care services for Adults and a number of service providers have been informed that they were successful in their tender for the Independent Living Support Service framework agreement. Carewatch (East London) is one of these service providers. The contract should be finalised in October 2012. You may wish to resubmit your request then. Public 13512 09/08/12 05/09/2012 CYPS Safeguarding Assessment Subject : Eligibility Criteria Summary 1) Does your local authority use eligibility criteria to determine 1. Yes. qualification for services for children? 2) If your local authority does use eligibility criteria to determine qualification for services for children: i. when were they implemented? ii. were consultations held around introducing them and, if so, what was the consultation period? iii. please provide details of the eligibility criteria 2 i. There has always been a eligibility criteria however this was recently revised in May 2012. ii. Formal consultation of the revision was not held however discussions took place with relevant partners and stakeholders over a period of approximately one year prior to the revisions of the existing criteria. iii. Please find attached a copy of our Practice Guidance. 3. Not applicable. 3) If your local authority does not use eligibility criteria to determine qualification for services for children, by what criteria do you determine a child’s eligibility for such services? Public Bodies 13515 09/08/12 05/09/2012 Human Resources Subject : Car Mileage/Allowances Could you please send me details of your car allowance and mileage rates for staff? Summary It should be noted that we are currently in the process of reviewing our mileage policy. Please see below our current rates. CAR MILEAGE RATES 451 - 999cc 1000 - 1199cc Essential Users Lump sum per annum £846.00 £963.00 per mile first 8,500 36.9p 40.9p per mile after 8,500 13.7p 14.4p Petrol Element 9.406p 10.366p Amount of VAT per mile in petrol element 1.567p 1.727p Casual Users per mile first 8,500 46.9p 52.2p per mile after 8,500 13.7p 14.4p Petrol Element 9.406p 10.366p Amount of VAT per mile in petrol element 1.567p 1.727p The Council has taken considerable steps to reduce the use of cars on official business wherever possible, on both financial and environmental grounds. All employees are expected to ensure that cars are used only when necessary and where alternative methods of transport are not available or practical, and that where cars are used, full consideration is given to economy and journey planning to ensure that mileage is kept to a minimum. Public 13675 09/08/12 05/09/2012 Parking Fines Subject : Parking Appeal Information 1. Certification for the back Summary It maybe helpful to explain that a moving contravention case as issued under the office notice processing system. 2. Training document for the Contravention Officer/Camera Officer to ascertain if they are suitably qualified according to the CCTV Code of Practice issued by Newham Council. 3. Evidence that the recording device had been synchronised with a UTS 4. Logs from the camera to demonstrate that it had been correctly maintained and calibrated prior to the use. 5. Details of the last time and date of synchronisation with a UTS prior or at 21.04.2012 London Local Authorities and Transport for London Act 2003, the rules which apply are slightly less prohibited than parking and bus lane contraventions. It should be noted that a CCTV (Closed Circuit Television) issued PCN is not a Moving Traffic Contravention PCN, which are issued by a Civil Enforcement Officer (CEO) where the primary source of evidence is by way of a statement, supported by the camera footage as secondary evidence. We can advise that these powers were taken over by the Borough in 2004 from the Police. In your request you further require: 1. Certification for the back office notice processing system; A. We can advise that there is no such certification. 2. Training document for the Contravention Officer/Camera Officer to ascertain if they are suitably qualified according to the CCTV Code of Practice issued by Newham Council; A. The camera footage in this case is taken from a camcorder device which is not covered under CCTV. Therefore, CCTV Code of Practice does not apply. To re-iterate, the primary evidence is the CEO’s statement and the camera footage being the secondary form of evidence. 3. Evidence that the recording device had been synchronised with a UTS; A. The camcorder is manually set up, but time is taken from the Control Centre which is linked to an atomic clock which updates every 24 hours. 4. Logs from the camera to demonstrate that it had been correctly maintained and calibrated prior to the use; A. No calibration required, it is a camcorder device. 5. Details of the last time and date of synchronisation with a UTS prior or at 21.04.2012; A. The atomic clock updates the time in our Control Centre which is an automated process every 24 hours. Public 13355 19/07/12 07/09/2012 Human Resources Subject : Recruitment since July 2011 Summary From July 2011 to present how many positions graded 01-LPO7 and above, including SMRs and above, have not been filled by full-time employees of the London Borough of Newham? 1. In response to your request, we can advise that the number of positions graded LP07 and above in the councils workforce from July 2011 is 320. Please note this includes staff who were in post in the Council before and after July 2011. Of those, how many posts have been filled by interim, temporary or consultancy staff? 2. We can advise that 320 posts were filled by temporary staff. Information regarding workers who have been engaged on an interim and consultancy basis are not held in a central location as such individuals are recruited by respective services of the Council when required. We are therefore unable to locate the information in support of this aspect of your request within the statutory limit. Please list those posts that have been filled by interim, temporary or consultancy staff with: a) the cost of employing each of those listed, and b) the salary range for the post as advertised. In order to retrieve this information an Officer would have to interrogate a significant number of records and this would greatly exceed the appropriate time limit. Under the Freedom of Information Act the Council has a right to refuse a request for information held if the cost of complying with a request exceeds the appropriate limit. The appropriate limit for local authorities is £450 or 2.5 days or 18 hours. We believe in this case such an exemption applies and has decided to refuse your request for information under Section 12(1) of the Act. Section 12 Exemption where cost of compliance exceeds appropriate limit (1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit. 3. Please refer to the enclosed spreadsheet. The invoice spend includes payments to the Council’s recruitment agency. It should be noted that the information provided giving the total spend in respect of each post is a reflection of the period of engagement of the worker who’s appointment may have ended or still current. 3a. Our response is as above and please refer to the enclosed spreadsheet. 3b. Agency workers are recruited based on the hourly rate applicable to the role. Information regarding the equivalent salary was not captured on the Council’s central electronic system at the time of recruitment. Based on the reasons stated at question 2above, locating and retrieving this information would involve the interrogation of a significant amount of records across various services of the Council. We are therefore unable to locate the information in support of this aspect of your request within the statutory limit. Organisation 13629 21/08/12 07/09/2012 Adult Services (FOI) Subject : Social Activities for Disabled Adults 1. Do you fund support to enable users to attend leisure and social activities as part of the daily living component of your direct payments support to disabled people over the age of 16? 2. If you do fund this please provide a yearly breakdown of how many users received the funding outlined in question (1) during this year to date, during 2011-2012 and during 20102011? 3. For each of the years listed in question (2) please provide a breakdown of the categories of activity the funding was used to support. 4. For each of the years listed in question (2) please provide a breakdown of the number of users from each disability category who accessed direct payments or individual budgets funding for Summary 1. Adult Social Care funds support for adults aged 18 and over if there is an identified eligible social care need which, after taking into account the views of the individual and their carers, the authority decides would best be met by funding such support. 2. This information is not available as a manual review of every case file would be required to identify customers who are using their resource allocation to fund leisure and social activities. In order to retrieve this information an Officer would have to interrogate each of our accounts individually, which are in excess of 1,500 to be able to further identify the information required in support of this request. This would greatly exceed the appropriate time limit. Under the Freedom of Information Act the Council has a right to refuse a request for information held if the cost of complying with a request exceeds the appropriate limit. The appropriate limit for local authorities is £450 or 2.5 days or 18 hours. We believe in this case such an exemption applies and has decided to refuse your request for information under Section 12 (1) of the Act. support with accessing leisure and/or social activities. Section 12 Exemption where cost of compliance exceeds appropriate limit (1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit. 3. This information is not available for the reasons stated above 4. This information is not available for the reasons stated above. Public 13521 10/08/12 10/09/2012 Legal Services Subject : London Pleasure Gardens 1. Who authorised the funding for LPG. 2. How much we funded and on what basis was the agreement based. 3. Where residents consulted? Summary 1. The loan provided to London Pleasure Gardens was considered at a number of meetings of Cabinet. During these meetings Cabinet considered reports setting out the legal, financial and technical due diligence for the proposed loan agreement, including externally sourced professional opinion. The agenda and minutes from the meetings of Cabinet where the London Pleasure Gardens agreement was considered are publically available on the Newham website. For your ease of reference, please see the relevant web link to the page below http://mgov.newham.gov.uk/ieListDocuments.a spx?CId=294&MID=8151 2. A total of £3.3million was provided to the London Pleasure Gardens by way of commercial loan. 3. The decision to authorise the loan was made by Cabinet in the course of everyday Council business. This decision was made within the budget strategy agreed by Council in February and within financial regulations and was therefore not subject to public consultation. Media 13518 10/08/12 10/09/2012 Legal Services Subject : London Pleasure Gardens Summary The details of the £3m loan, referred to in the minutes of the council meeting held on March 1 2012 in Newham Town Hall, paid by Newham Council to London Pleasure Gardens Ltd, including the exact amount paid and the repayment plan structure. 1. We consider that the information requested in relation to the commercial loan provided to London Pleasure Gardens to be commercially sensitive and therefore withhold it under section 43 of the Freedom of Information Act 2000 (FOIA). Under Section 43, information is exempt from disclosure if releasing it would, or would be likely to prejudice the commercial interests of any person (including the public authority holding it). 1. What Newham Council’s safeguards and contingency plans were against London Pleasure Gardens Ltd defaulting The information requested relates to the details of the commercial loan and the repayment plan structure. We are able to advise the exact amount paid to London Pleasure Gardens by on their loan and if and when these were used? 2. Whether any payments were paid to London Pleasure Gardens Ltd by Newham Council in late July/early August and if these were separate payments to the loan referred to above? way of commercial loan was £3.3 million. This was provided by way of a loan agreement which required interest on the loan at commercial rates and a profit share agreement. We consider that in disclosing the full terms of this financial agreement, including conditions, repayment plan and interest rates would be likely to weaken the council’s bargaining position during future contractual negotiations. This could potentially affect the council’s income and budget and essentially, the availability of financial resources for residents and in the delivery of Council services. In considering the public interest test the Council has regard to the benefits of maintaining a healthy bidding position during any procurement process, the need to attract a wide range of bidders confident with the way in which the Council would handle their information and how this may affect the Council’s bargaining position during future contractual negotiations. We also consider that disclosure would make it less likely that companies or individuals would provide the local authority with commercially sensitive information in the future and consequently undermine the ability of the local authority to fulfil its public role. We acknowledge that the public interest is served by promoting transparency in the accountability of public funds, ensuring that public money is being used effectively and that the local authority is getting value for money when entering into commercial transactions with companies. On the other hand, however, we recognise and consider that there is a greater public interest in maintaining confidentiality and protecting commercially sensitive information, release of which could damage commercial interests, including the local authorities. As such, we consider that maintaining the exemption outweighs the public interest in disclosure. 2. Prior to reaching a decision on the commercial loan to the organisers full legal and financial due diligence was carried out. The decision was subject to full debate at Cabinet and reports of external business and legal consultancies were commissioned to fully advise of the business implications of the grant of the loan. In addition to the loan agreement and debenture, the Council have a fixed and floating charge over assets. We are currently working with the administrators to help secure our investment and to discuss the future scope and nature of our involvement in the site. http://www.newham.gov.uk/News/2012/July/Lo ndonPleasureGardensNewhamCouncilstateme nt.htmm It may be of use to note that further information regarding the debenture can be acquired from Companies House. For your ease of reference, please see the relevant link to the web page below http://www.companieshouse.gov.uk/ 3. A payment of £300,000 was paid to London Pleasure Gardens on Friday 30th July. This is included in the total sum of the commercial loan. Public 13534 10/08/12 10/09/2012 CYPS Schools Traded Services Subject : Swimming in Schools How many schools in the local authority have asked parents to contribute to their child’s swimming lessons in the 2011/12 school year? Summary We do not hold this information. Decisions such as this would be made locally at individual school level and the Local Education Authority does not centrally record this information. For your reference, please see the web link below which provides a list and contact details of all schools in Newham. http://www.newham.gov.uk/EducationAndLear ning/Schools/SchoolsDirectory/default.htm Newham offers free swimming in the borough to children (Under 16s) For further information on this, please see the relevant link below (http://www.newham.gov.uk/entertainmentandl eisure/leisurecentres/swimforfreeinnewham.ht m) Public 13537 10/08/12 10/09/2012 CYPS Youth Support Subject : Early Intervention Grant Summary Under the Freedom of Information Act 2000, I request you to provide me with the following information. Please see attached spreadsheet with regards to various projects under the Early Intervention Grant (EIG) in 2011-12. Itemised spend on schemes covered by the Early Intervention Grant. Public Public 13538 13540 10/08/12 10/08/12 10/09/2012 10/09/2012 CYPS Schools Traded Services Subject : School Building Repairs CYPS Schools Subject : School Admissions Number of school buildings in disrepair that did not benefit from the Priority School Building Programme, and the estimated cost of repairs required to those schools. Summary One application for PSBP funding based on building condition was unsuccessful. The estimated cost of repairs required to the school is £7.5m. Summary Traded Services 1. Number of pupils missing out on their first choice primary school place in 2012 compared to 2011 and 2010? 1. Please see below the numbers of applicants whom submitted their applications on time who were not offered or allocated a place at their first preference school on national offer day. 2. Number of pupils missing out on all of their primary school selection choices in 2012 compared to 2011 and 2010? 2010 2011 2012 3. How many primary and secondary school pupils will be taught in temporary classrooms? 4. How many primary and secondary schools in the local authority area are over capacity? - 325 566 732 2. Please see below the numbers of applicants whom submitted their applications on time whom were not offered a place at any of their preferred primary schools on national offer day. It should be noted all applicants did receive an alternative offer of a place. 2010 2011 2012 - 50 124 190 3. 330 4. 8 Public 13541 10/08/12 10/09/2012 CYPS Youth Support Subject : Youth Centres Summary Number of youth centres and youth services staff employed by the local authority in 2012 compared to 2011 and 2010. Youth Services 2010/11 2011/12 2012/13 Number of staff 68 FTE 60 FTE 50 FTE Number of Youth Centre 30 30 30 Public 13543 10/08/12 10/09/2012 CYPS Schools Traded Services Subject : School Uniforms The cost of pupil uniforms in your local authority controlled schools for the 2012/13 school year compared to the 2011/12 school year. Summary We do not hold information in respect of the costs of school uniforms. This information would be determined and held by the individual schools. For you reference, please see the web link below which lists all of Newham’s schools, together with their contact details. http://www.newham.gov.uk/educationandlearni ng/schools/schoolsdirectory/ Public 13550 13/08/12 10/09/2012 Adult Services (FOI) Subject : Personalisation of Adult Services I would be grateful if you could answer the following. 1. Who is your Head of Personalisation / Summary 1. There is no designated post holder in relation to the role of Personalisation. It is Newham’s view that the personalisation of services within Adults social care is part of our everyday work with service users are part of our day to day working and is therefore not Personalisation Programme Manager and what are their contact details? 2. Who is your Lead on Universal Information in Adult Social Care? 3. Do you currently have a Universal Information Solution in adult social care as part of the Personalisation Agenda? 4. If you do have a solution what is this called and where can I find it? separated as a separate role. Personalisation and self directed support for individuals is entrenched in our daily approach to adults social care. 2. We do not have a business lead officer confirmed at this stage. From a technical perspective, overall responsibility presently lies with Raf Patel, Adults Business Systems Manager. Phase 2 of our IAG (Information/Advice/Guidance solution has been scoped and we are currently in the process of recruiting an IAG Officer who will have overall lead responsibility and will lead on Phase 2. The business lead will be confirmed as Part of Stage 2. 3. Yes Public 13570 13/08/12 10/09/2012 Communicati ons Subject : Royal Family Visits During the fiscal year 2009-10, how many visits were made to your area by the core royal family (Queen Elizabeth II, the Duke of Edinburgh, Prince Charles, Princess Anne, Prince Andrew, Prince Edward, Prince William, the Duchess of Cambridge and Prince Harry) 4. Adult Social Care and can be found here:http://adultsocialcare.newham.gov.uk/ Summary We do not hold a central register which specifically records Royal visits to the borough. We have however conducted a search of the Mayoral diary, where it is likely that all members of the Royal family making official visits to the borough would be noted. There are no entries for the fiscal year 2009/10. and how much did these visits cost your council? We do not have a specific budget allocated for Royal Visits. It may be possible to request records of the official visits of the Royal family direct from the Royal Household. For your ease of reference, please see the relevant web link below. http://www.royal.gov.uk/Contactus/Contactthe RoyalHousehold.aspx Public 13606 13/08/12 10/09/2012 CYPS Corporate Parenting Subject : Fostering 1. Names of each Private Fostering Agency that the local authority places children with 2. The amount of basic allowance paid to each Private Agency per child per week 3. Does the rate vary according to the amount of NVQ training the foster parents have undertaken? 4. The amount of allowance paid to each agency for children with special needs/disabilities 5. The number of children that Summary 1-2. Please see the attached spreadsheet which details the list of Private Fostering Agencies requested. This list also provides details of the weekly allowance paid to agencies for each child placed. It should be noted that agencies have differing tariff calculations in relation to the individual needs of the child and age bandings, together with differing fees for short term or long term placements. All tariffs would have been ratified by the placing authority’s fostering panel. The amounts stated relate to the amounts paid to the fostering agency for the placement only. 3. The fostering agencies are responsible for the quality and level of training they provide to their carers and they are subsequently monitored by Ofsted. The rates vary according to the needs of the child, rather than their level are not able to be cared for in their hometown/local area 6. The number of children not placed with foster parents of the same ethnicity, culture and religion as the one that child has grown up in. of training and therefore the training completed by the foster parents may influence their suitability for some placements. 4. The allowances paid are relative to the needs of the child. The spreadsheet provided in our response to Questions 1 and 2 detail the scope of difference in the allowances paid, according to the special needs and requirements of some children. Those children with disabilities or special needs would account for the more expensive placements. 5. A total of 209 children have been placed with private fostering carers outside of the borough. 6. It is not possible to answer this question as the information is not routinely recorded in a reportable format but rather is considered on an individual case by case basis. Similarly some placements have been made since birth and therefore it would not be possible to determine different culture or religion of the child as this would not have been experienced. We can however confirm that it would be very rare for the Council to make an agency foster placement to a different ethnicity, culture or religion to which a child/young person had become accustomed. Public 13555 14/08/12 10/09/2012 Parking Subject : Summary Fines Parking Enforcement In relation to the pavement outside 113-115 Leytonstone Road, please provide the following information: 1. Are there any exemptions in place to allow vehicles to be parked on the pavement in this location? 2. For each month for which records exist, how many Penalty Charge Notices have been issued to vehicles parked either partially or wholly on the pavement, broken down according to the following criteria: a) the type of PCN was issued: regulation 9, 10(1)(a), 10(1)(b), or 10(1)(c) of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 SI 2007/3483; b) the contravention code (e.g. 624); 1. Are there any exemptions in place to allow vehicles to be parked on the pavement in this location? There are no specific exemptions applicable to this location, it is a general exemption which applies to all footway locations. Under certain circumstances vehicles may be allowed to stop temporarily on the footway, for example installing scaffolding etc 2. For each month for which records exist, how many Penalty Charge Notices have been issued to vehicles parked either partially or wholly on the pavement, broken down according to the following criteria: We are unable to provide the information requested which directly relates to the area outside 113-115 Leytonstone Road. Our systems are unable to break down tickets by the exact location to where they were issued. We are able to provide a breakdown of the number of tickets issued for Leytonstone Road in its entirety, broken down by month since our current computer systems were introduced in September 2009. Please find a copy these numbers attached. In order to retrieve this information specifically by exact location of issue an officer would be c) the outcome of each PCN paid, cancelled after an informal challenge, cancelled following representations against a Notice to Owner, cancelled following appeal, warrant of execution granted by Northampton TEC, not enforced due to failure to serve a notice within statutory time limits, not enforced due to failure to identify the owner/registered keeper from the VRM. required to manually interrogate each of the Penalty Charge Notice files individually, which are in excess of 400, identified as being issued in Leytonstone Road to determine as to whether these tickets were issued outside numbers 113-115. This manual exercise, together with the retrieval of the other information requested specifically for the exact location requested, would exceed the appropriate limit. Under the Freedom of Information Act the Council has a right to refuse a request for information held if the cost of complying with a request exceeds the appropriate limit. The appropriate limit for local authorities is £450 or 2.5 days or 18 hours. We believe in this case such an exemption applies and has decided to refuse your request for information under section 12(1) of the Act. 12 Exemption where cost of compliance exceeds appropriate limit (1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit. a) the type of PCN was issued: regulation 9, 10(1)(a), 10(1)(b), or 10(1)(c) of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 SI 2007/3483; As previously stated above we are unable to manually retrieve records for the exact location requested from the 432 files to which this request applies. It has been estimated that to manually retrieve compile the files, review, retrieve and compile this information would take approximately three minutes per file. We are however able to provide this information for the length of Leytonstone Road. Please find this information attached which also specifies the contravention code under which the Penalty Charge Notice was issued. Please note we do not issue regulation 10(1)(b) or 10(1)(c) PCNs. b) the contravention code (e.g. 624); This is included in the attachment. All regulation 9 footway Penalty Charge Notices are issued as code 61 or 62 and all regulation 10 Penalty Charge Notices are issued as code 61j or 62j. c) the outcome of each PCN - paid, cancelled after an informal challenge, cancelled following representations against a Notice to Owner, cancelled following appeal, warrant of execution granted by Northampton TEC, not enforced due to failure to serve a notice within statutory time limits, not enforced due to failure to identify the owner/registered keeper from the VRM. As previously stated above, our systems are unable to compile a report giving the outcome of any appeal process associated with the issue of a Penalty Charge Notice, according to the location of issue. Additionally our systems are unable to readily produce a report of the detailed breakdown of the stage through which an appeal has progressed, according to the location of issue, including breakdowns by road. As above, to manually compile this information would require an office to review each individual file, identify the locations and assess the stages through which the ticket had progressed in order to determine the stage of appeal ultimately reached. In addition to the time previously spent as detailed above in manual retrieval, this exercise would take an additional two minutes per penalty charge notice. Therefore as stated above this exercise would go beyond the appropriate limit and we therefore rely upon Section 12, as detailed above. Media 13557 14/08/12 10/09/2012 Regeneration Subject : Summary Projects Employment in Newham The Mayor Newham stated on Newsnight BBC2 today stated to paraphrase that Newham Council helped 5000 people get into work over the last year, he mentioned those that submitted a CV for a job had a 3% chance of getting a job. He also went on to mention that 50% got a job when connected to a Work Placement. Can you provide a copy of any information or statistics your hold that gives more details of these 5000 jobs, the job support scheme that exists to secure those jobs and how people in Newham join it and the criteria for joining and whether the Work Placements mentioned had been/are unpaid, voluntary or mandatory. "By comparison, the London Borough of Newham, which has established its own job support scheme, says it has secured sustainable jobs for 5,000 people in the last year alone." Please find attached a number of documents which provide the statistical information and background to Workplace, the Newham Council employment service to which Sir Robin referred to. Please see the list of documents below; Statistical Information for 2011/12 for delivery of 5000+ roles (please note this information relates to numbers to date, as opposed to ‘this month’ as the headings of the tables show) What Workplace Does 1 What Workplace Does 2 How Workplace Works with Employers Registering with Workplace With regard to work placements, we can confirm that they are all voluntary and unpaid. http://www.channel4.com/news/ exclusive-a4e-finds-jobs-for-3-5per-cent-of-job-seekers Organisation 13558 14/08/12 10/09/2012 LEISURE CENTRES Subject: Atherton Leisure Centre Summary 1. 19th January 2010 1. Please let me know the date the Vapour Suite closed during the search for asbestos. 2. Does the Vapour Suite remain intact? 2. The Vapour Suite was closed by London Borough of Newham Environmental Health team on 19th January due to asbestos issues in the centre. Subsequently a Type 3 asbestos survey was carried out in the area. This is an intrusive survey with the objective of locating and describing any materials containing asbestos in the building. The inspection can often be destructive and is normally used in buildings that are to be demolished. A full sampling programme was undertaken to identify possible materials containing asbestos enabling any that were found to be removed safely prior to demolition of the building. In the case of the Vapour Suite the survey caused substantial damage to the fabric of the area, which means that it is no longer intact. Following our consultation with local residents and the consideration of available options, we now have new plans for the major development of the leisure centre and facilities on this site. Please see further details of this on the web link below http://www.newham.gov.uk/entertainmentandle isure/leisurecentres/athertonleisurecentre.htm Public 13563 15/08/12 10/09/2012 Human Resources Subject: Social Workers Summary How many qualified Social Workers were working on a temporary (Agency) basis at the Council on 2nd July 2012 analysed by: 1. Children’s Services - 3 2. Adults Services - 8 1. Children’s Services 2. Adult Services Business 13576 16/08/12 10/09/2012 Adult Services (FOI) Subject: Funding for Adult Care 1. How many people received adult care funding between 1st January 2011 and 15th August 2011? 2. How many people received adult care funding between 1st January 2012 and 15th August 2012? 3. What was the total spend on adult care between 1st January 2011 and 15th August Summary As previously advised, our reports are compiled and recorded on a complete financial year basis. Our systems are unable to effective compile accurate and reliable statistics for mid year reports, especially in respect of spend. 1. The total number of service users receiving a service (for which funding would be required) between 1 April 2010 and 31 March 2011 is 5,759. 2. The total number of service users receiving a service (for which. funding would be 2011? 4. What was the total spend on adult care between 1st January 2012 and 15th August 2012? required) between 1 April 2011 and 31 March 2012 is 5,369 3. The total value of expenditure on adult care services between 1 April 2010 and 31 March 2011 was £83,148,000. 4. The total value of expenditure on adult care services between 1 April 2011 and 31 March 2012 was £83,036,000. For your future reference it may be useful to note the budgets for Council services are publically available on the web link below http://www.newham.gov.uk/yourcouncil/financi almanagementaccountancyandpensions/budg etbook.htm Public 13593 17/08/12 10/09/2012 CYPS Youth Support Subject : Agency Spend Summary I am interested in the amounts paid by each pupil referral unit / alternative provision setting in your Local Authority directly on supply cover (as would be recorded for Consistent Financial Reporting purposes under code E02) and also to third parties in relation to agency supply staff (as would be The agency spend (E26) for Newham’s Tunmarsh Pupil Referral Unit for the financial year 2011/2012 was £476,389.39. There was no supply (E02) spend. The Department for Education now provides school spend information in respect of individual schools in Newham and across the country on its website. This can be found on recorded for Consistent Financial Reporting purposes under code E26). I am looking for this data for the 2011 / 12 financial year and would like this supplied in an excel spreadsheet please detailing School Name E02 Direct Supply Spend Total E26 Agency Supply Spend Total the schools performance table information and includes related statistics such as total annual support teacher spend, per pupil. For your ease of reference please see the Department for Education website below http://www.education.gov.uk/schools/performa nce/geo/la316_all.html For your ease of reference, please see the web link below which lists Newham’s schools. http://www.newham.gov.uk/EducationAndLear ning/Schools/SchoolsDirectory/default.htm I would like the E26 Agency Spend broken down by individual supplier Business 13624 17/08/12 10/09/2012 Learning and Schools Service (Non Schools) Subject : Schools Consortia Summary 1. The names of Primary and Secondary Consortia 2. The members of the Consortia 3. The name of the Leader for each Consortia and their contact details 4. The name of the Leaders Assistant for each Consortia and their contact details It should be noted schools are not required to register consortium arrangements with the Local Authority. Therefore a number of informal arrangements may exist for which we do not hold recorded information. However, the Authority has supported the formation of the following federations. Manor Park Soft Governance Federation Avenue, Essex, Dersingham, Little Ilford School, Monega, St. Winefride’s, Salisbury, Sheringham, Sheringham Nursery and Sir John Heron schools Altmore/Lathom Soft Governance Federation Altmore Infant and Lathom Junior schools The governance of these two federation is through the Joint Strategic Committee – c/o The Clerk, Newham Partnership Working, 760 Barking Road, E13 9PJ St Stephens Hard Governance Federation St Stephens Primary School and St Stephens Children's Centre The governance of this federation is through the governing body - c/o The Clerk, Newham Partnership Working, 760 Barking Road, E13 9PJ E13 Learning Community Cleves, Curwen, Lister, Plaistow, Portway, Selwyn, Southern Road and Upton Cross schools The governance of this community is through a trust board. Please see the web link below to the company website at www.e13lc.org for contact details. In addition to this there is a Head of Primary Schools group which is chaired by Gary Wilkie at Sheringham. The Secondary Heads group is co chaired by the Heads of Plashet School and JFK School. For your future reference, please see the web link below for a complete list of all of Newham’s School, together with their head teachers and contact details. http://www.newham.gov.uk/EducationAndLear ning/Schools/SchoolsDirectory/default.htm Public 13627 20/08/12 10/09/2012 Communicati ons Subject : Newham Mag Summary The last 4 copies of the Newham Mag. I would like hard copies of the newspaper posted to me at the below address. Please find enclosed, as requested the last four issues of the Newham Mag. Disclosure is in the public interest since: - it will bring to light information on the spending of local taxpayers' money. - there is significant public scrutiny at present on expenditure by local government. Public 13597 20/08/12 10/09/2012 Chief Subject : Equality Act 2010 It may be useful to note that all previous copies of the Newham Mag are available on line on the Newham website. For your ease of reference, please see the relevant weblink below http://www.newham.gov.uk/AboutNewham/Ne whammag.htm Summary Executive and CE’s Office I request that you email me a copy of the following documents at your earliest convenience: 1. I understand that each public authority has to publish information to show that it is complying with the S.149 Duty under the Equality Act 2010 by 31st January 2012. I wish to see that document. 2. A copy of all Equality Impact Assessments made so far relating to Parking Enforcement. Under the Freedom of Information Act we have the right to refuse a request for information held if an exemption applies. We believe in this case Section 21 exemption applies and have decided to refuse your request for information. Section 21 of the Act contains an exemption for information which is reasonably accessible by other means. The full details of the information you requested is already publicly available on the Newham website. 1. Please see the relevant web link below. http://www.newham.gov.uk/yourcouncil/corpor ateplans/equalityact2010.htm 2. Please see the relevant web link below to the public list of all Equality Impact Assessment completed. http://www.newham.gov.uk/yourcouncil/corpor ateplans/equalityimpactassessments(eqias).ht m Public 13600 20/08/12 10/09/2012 Planning Application & Enforcement Subject : Tree Preservation Orders I would like a copy of the original application by East Thames Housing Group for permission to Summary Under the Freedom of Information Act we have the right to refuse a request for information held if an exemption applies. We believe in this case Section 21 exemption applies and have fell and or trim the ash tree in my garden. I live at 5 Vaughan Rd but believe the application was made for 5A Vaughan Road. decided to refuse your request for information. This would be very helpful as I believe the landlord demolished my garden wall on 7.10.11 with the view to removing the tree. The application which you refer to can be located on the Council’s Public Planning Portal. For your ease of reference, please see the relevant web link to the search page below, where you will be able to enter the address to be searched. Section 21 of the Act contains an exemption for information which is reasonably accessible by other means. http://pa.newham.gov.uk/onlineapplications/search.do?action=simple&search Type=Application Public 13603 20/08/12 10/09/2012 Mayoral Support Team Subject : Mayor's Allowance Summary It has recently been reported in the Newham Recorder that the Mayor of Newham has, for a number of years, not accepted his annual increase to his allowance but has requested that the money be distributed to charities. The Council’s obligations under the Freedom of Information Act are limited to information it holds that amounts to the official business of the Authority. Would please provide me with the details, for each relevant financial year, of the individual There is no formal arrangement in place to deduct the annual increase in the Mayor’s allowance and directly allocate it to charities. Sir Robin Wales makes these payments to charity personally and outside of his role as Mayor of the borough. We therefore do not hold this information. charities that have benefited from the mayor’s generosity and the amounts donated to each of those charities. You are welcome to write to Sir Robin personally to ask for this personal information. Further information in respect of the Mayor’s Allowance can be found on the Newham website on the web link below http://www.newham.gov.uk/YourCouncil/YourR epresentatives/TheMayorandCouncillorsallowa nces.htm Public 13631 21/08/12 10/09/2012 Registrars Service Subject : Public Health Funerals I would like to know how many public health funerals have been carried out by you local authority since April 2012. I would like to know all of the deceased names (including maiden names), date of birth and death, last known address and when or if the estate will be passed onto the Treasury Solicitor, QLTR or the Duchies of Cornwall and Lancaster. Summary There have been five public health funeral held since April 2012. We would however refuse the other aspects of your request, having taken into account guidance which the Treasury has issued in respect of such FOI requests. Under Section 21 of the Act London Borough of Newham is not required to provide information in response to a request if it is already reasonably accessible to you. The information you requested is available from the Treasury Solicitor's Department Bona Vacantia Division website at www.bonavacantia.gov.uk . The council usually refer estates with a net value of over £500 to the Treasury Solicitor’s Department. The department would then publish limited information about those valued at over £5,000, unless a claimant comes forward during the period before publication. In addition to this, the information you requested with regard to the date of birth and last known address are on the death certificate. This information is accessible from the General Register Office at www.gro.gov.uk . Further we rely on Section 31 of the Freedom of Information Act. This exemption applies where disclosure would be likely to prejudice a range of investigations and conduct, including the prevention and detection of crime. Releasing information under FOIA is equivalent to publishing it “to the world at large” and so our decision must be based on the likely effect of anyone having access to the requested information. The vast majority of the estates in question contain residential property, which, due to the circumstances of the estate, is likely to be empty, and in many cases will contain assets. Releasing information that identifies, either directly or indirectly, the whereabouts of such properties (and assets) before they have been secured leads to a real and significant risk of theft and fraud. It may also alert unlawful occupiers to the location of empty properties in the borough. This could also interfere with the statutory function to collect bona vacantia (ownerless goods) vested in the Crown and would provide an opportunity for criminal acts to be committed. With regards to section 31 above (qualified exemption), a ‘public interest test’ is required to determine if the exemption is applicable. In applying this test we have considered the following factors: Factors in favour of disclosure: the general public interest in the promotion of transparency, accountability, public understanding and involvement in the democratic process; the benefits to potential beneficiaries of unclaimed estates of genealogists tracing them down earlier; the resulting likely effect of fewer empty properties in the borough and the commercial benefits to lawyers and genealogists in tracing beneficiaries. Factors against disclosure: disclosure would increase the risk of fraud and theft towards vulnerable estates, and potentially towards individuals; such fraud and theft would diminish the value of estates, estates that potentially have beneficiaries; releasing information which may lead to the identification of empty properties increases the likelihood of unlawful occupation in the borough Whilst there are arguments on each side, we consider that, in the circumstances of the case, the public interest favours withholding this information Public 13695 21/08/12 10/09/2012 Community Participation Unit Subject : Volunteer Claims Summary 1. Please can you tell me the overall sum of monies that was claimed by volunteers at each of these sessions? Unfortunately we are unable to extract this information from our systems as it is not recorded in a reportable format which may be used in response to your request. 2. This can simply be broken down by the amounts paid our in cash and the amount paid out by cheques. It may be useful to note that upon receipt of claims submitted by volunteers, they are not recorded according to the catch up session within which the claim may or may not have been submitted. Whilst the claims are received and dealt with we do not specifically record the session within which the claim was made. Similarly, we do not separately record as to whether the amounts were paid in cash or by raising a cheque for the claim. Catch-up sessions held in 2011: 25th January 2011 17th May 2011 28th June 2011 2nd August 2011 In order to retrieve this information an officer would be required to manually interrogate all the volunteer claims made for the 2011 period, which are in the region of 800, to be able to identify the information requested. For each individual claim, it would be necessary to note the claim, determine or estimate the session at which the claim may have been submitted, manually tally the estimated claim totals for each session and to also determine as to whether those payments were made in cash or by cheque. The retrieval of this distinction in payment would require further review of both petty cash records and the records of individual cheques raised through our finance team, to manually reach an estimated total for each session. It is considered that this manual exercise would exceed the appropriate limit. Under the Freedom of Information Act the Council has a right to refuse a request for information held if the cost of complying with a request exceeds the appropriate limit. The appropriate limit for local authorities is £450 or 2.5 days or 18 hours. We believe in this case such an exemption applies and has decided to refuse your request for information under section 12(1) of the Act. 12 Exemption where cost of compliance exceeds appropriate limit (1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit. Political 13663 22/08/12 10/09/2012 Adult Services (FOI) Subject: Domiciliary Care Summary I am writing to formally request, under the Freedom of Please see below the information requested for the respective years relating to the expenditure Information Act 2000, that you provide an answer to the following: For the years 2010/11, 2011/12 and 2012/13 what is the Local Authority's actual, forecast or budgeted expenditure on domiciliary care? on domiciliary care Actual expenditure on domiciliary care 2010/11 £12,192,000. Actual expenditure on domiciliary care 2011/12 £12,469,000. Forecast expenditure on domiciliary care 2012/13 £11,994,000. It may be useful to note that the Council’s annual Budget Book is publicly available on the Newham website. For your ease of reference, please see the relevant web link below http://www.newham.gov.uk/YourCouncil/Finan cialManagementAccountancyAndPensions/Bu dgetBook.htm Public 13666 23/08/12 10/09/2012 CYPS Schools Traded Services Subject: CYPS Summary Could you please provide me with a spreadsheet (or other document) detailing agency spend per school? This is specifically relating to teaching and support staff that are hired on short and long term basis via a recruitment business. Please find the attached spreadsheet which details the annual spend on agency staff by schools for the last financial year. I would like it to be for the last complete financial year - so April 2011 - April 2012 if at all The Department for Education now provides school spend information in respect of individual schools in Newham and across the country on its website. This can be found on the schools performance table information and includes related statistics such as total annual support teacher spend, per pupil. For your ease of reference please see the possible. Where this is not possible or the data not available, I would like the last complete record. Department for Education website below http://www.education.gov.uk/schools/performa nce/geo/la316_all.html For your ease of reference, please see the web link below which lists Newham’s schools. http://www.newham.gov.uk/EducationAndLear ning/Schools/SchoolsDirectory/default.htm Public 13688 24/08/12 10/09/2012 Registrars Service Subject: Public Health Funerals I am undertaking a study on council based funerals. Would you be able to provide some information under the Freedom of Information Act about national assisted funerals otherwise known as public health funerals? Number of funerals the council has undertaken since August 2011 to present. Contact details of who (either another government body/public or private authority) informed the council of the deceased death? Names of the deceased in which the council has undertaken funerals Ethnic Origin (if the information Summary There have been a total of seven public health funeral held since August 2011. We would however refuse the other aspects of your request, having taken into account guidance which the Treasury has issued in respect of such FOI requests. Under Section 21 of the Act London Borough of Newham is not required to provide information in response to a request if it is already reasonably accessible to you. The information you requested is available from the Treasury Solicitor's Department Bona Vacantia Division website at www.bonavacantia.gov.uk . The council usually refer estates with a net value of over £500 to the Treasury Solicitor’s Department. The department would then publish limited information about those valued at over £5,000, unless a claimant comes is held) Date of death What was the reason for the local authority to get involved in providing the funeral? Did the deceased live in a council owned property? forward during the period before publication. Did the deceased have any family members? If yes, were they unable to make funeral arrangements? Further we rely on Section 31 of the Freedom of Information Act. This exemption applies where disclosure would be likely to prejudice a range of investigations and conduct, including the prevention and detection of crime. Releasing information under FOIA is equivalent to publishing it “to the world at large” and so our decision must be based on the likely effect of anyone having access to the requested information. The vast majority of the estates in question contain residential property, which, due to the circumstances of the estate, is likely to be empty, and in many cases will contain assets. Releasing information that identifies, either directly or indirectly, the whereabouts of such properties (and assets) before they have been secured leads to a real and significant risk of theft and fraud. It may also alert unlawful occupiers to the location of empty properties in the borough. This could also interfere with the statutory function to collect bona vacantia (ownerless goods) vested in the Crown and would provide an opportunity for criminal acts to be committed. Have the details of the deceased been passed to either a government body and/or public authority? Please provide names of who the information has been referred to and why. In addition to this, the information you requested with regard to the date of birth and last known address are on the death certificate. This information is accessible from the General Register Office at www.gro.gov.uk. With regards to section 31 above (qualified exemption), a ‘public interest test’ is required to determine if the exemption is applicable. In applying this test we have considered the following factors: Factors in favour of disclosure: the general public interest in the promotion of transparency, accountability, public understanding and involvement in the democratic process; the benefits to potential beneficiaries of unclaimed estates of genealogists tracing them down earlier; the resulting likely effect of fewer empty properties in the borough and the commercial benefits to lawyers and genealogists in tracing beneficiaries. Factors against disclosure: disclosure would increase the risk of fraud and theft towards vulnerable estates, and potentially towards individuals; such fraud and theft would diminish the value of estates, estates that potentially have beneficiaries; releasing information which may lead to the identification of empty properties increases the likelihood of unlawful occupation in the borough Whilst there are arguments on each side, we consider that, in the circumstances of the case, the public interest favours withholding this information Public 13681 28/08/12 10/09/2012 Registration Service Subject: Public Funerals Summary Under the Freedom of Information Act 2000 I write to request the following: The names of all Public Health Funerals/ bona vacantia estates passed or in the process of being referred i.e. pending referral to The Treasury Solicitor ( BV ) Department or Duchy of Lancaster within the last 4 weeks. This is a request for fresh information. We request the following information only: There has been one public health funeral held in the last four weeks. 1) The full name of the deceased 2) The date of death 3) Last known address 4) Approximate value of estate ( if not exempt ) We would however refuse the other aspects of your request, having taken into account guidance which the Treasury has issued in respect of such FOI requests. Under Section 21 of the Act London Borough of Newham is not required to provide information in response to a request if it is already reasonably accessible to you. The information you requested is available from the Treasury Solicitor's Department Bona Vacantia Division website at www.bonavacantia.gov.uk The council usually refer estates with a net value of over £500 to the Treasury Solicitor’s Department. The department would then publish limited information about those valued at over £5,000, unless a claimant comes forward during the period before publication. In addition to this, the information you requested with regard to the date of birth and last known address are on the death certificate. This information is accessible from the General Register Office at www.gro.gov.uk. Further we rely on Section 31 of the Freedom of Information Act. This exemption applies where disclosure would be likely to prejudice a range of investigations and conduct, including the prevention and detection of crime. Releasing information under FOIA is equivalent to publishing it “to the world at large” and so our decision must be based on the likely effect of anyone having access to the requested information. The vast majority of the estates in question contain residential property, which, due to the circumstances of the estate, is likely to be empty, and in many cases will contain assets. Releasing information that identifies, either directly or indirectly, the whereabouts of such properties (and assets) before they have been secured leads to a real and significant risk of theft and fraud. It may also alert unlawful occupiers to the location of empty properties in the borough. This could also interfere with the statutory function to collect bona vacantia (ownerless goods) vested in the Crown and would provide an opportunity for criminal acts to be committed. With regards to section 31 above (qualified exemption), a ‘public interest test’ is required to determine if the exemption is applicable. In applying this test we have considered the following factors: Factors in favour of disclosure: the general public interest in the promotion of transparency, accountability, public understanding and involvement in the democratic process; the benefits to potential beneficiaries of unclaimed estates of genealogists tracing them down earlier; the resulting likely effect of fewer empty properties in the borough and the commercial benefits to lawyers and genealogists in tracing beneficiaries. Factors against disclosure: disclosure would increase the risk of fraud and theft towards vulnerable estates, and potentially towards individuals; such fraud and theft would diminish the value of estates, estates that potentially have beneficiaries; releasing information which may lead to the identification of empty properties increases the likelihood of unlawful occupation in the borough Whilst there are arguments on each side, we consider that, in the circumstances of the case, the public interest favours withholding this information Organisation 13592 17/08/12 11/09/2012 Adult Services (FOI) Subject : Care Allowances Summary 1. Does the Council have a strategy for increasing the number of its residents to apply 1. We can advise there is no strategy specific to the Attendance Allowance. Our information, advice and guidance project concerns benefits for the Attendance Allowance (A.A.)? If so what is the strategy? 2. If a resident was functionally illiterate or was in the early stages of dementia and had problems with the A.A. application process, does the Council help its residents with the claims process? 3. If there is such support from the Council, would you please state the relevant department’s contact details? 4. To increase the number of applications for the A.A., and hopefully increase the number of valid claims for the A.A., does the Council work in partnership with the local NHS Primary Care Trust (PCT) General Practitioners (GPs) to help inform people over 65 they may have a valid claim? 5. Would the Council consider producing a leaflet or an information sheet giving the contact details of the Council in general and encourages residents to selfhelp as far as possible. Information to enable self-help is on our web site located at: http://ww1.newham.gov.uk/Pages/BenefitsAdvi ce.aspx. For those who need face to face advice, advice agencies are listed on our web site as follows http://www.newham.gov.uk/benefitsandpayme nts/adviceorganisationsinnewham.htm. 2. For people who have nobody else who can help them, this service is provided by the Pension Service. Relevant Council Officers can refer people to this service, or people can self-refer. Information on the service is on our web site, on the page that lists advice organisations under - The Pension Service. For people of state pension age, the Pension Service (part of the Department of Work and Pensions) has a telephone service to give advice on benefit eligibility and help with completing claim forms. Home visits are available where necessary. To contact, call the Pension Service on telephone number 0845 60 60 265. 3. Not applicable 4. The Council’s Adult Social Care - Self Directed Support Assessment includes reviewing the applicant's benefit entitlement, this would include AA Department which would help a resident with an A.A. application, to all GPs Surgeries in the Borough so they could quickly inform a patient that they thought they may have a valid claim? 6. Does the Council have an estimate of the number of residents that the Council thinks could make a valid claim for the A.A. and does not? 7. How many complaints has the Council received from A.A. claimants who use either the Council’s staff or subcontractors organised by the Council for claimants of the A.A. each year for the past 3 years? 8. What are the total numbers of people the Council services with the A.A. for each of the last three years? 9. What is the total spend by the Council on services related to the A.A. for each of the past three years? for those eligible. 5. The Council will be looking at ways in the future to develop on line solutions and literature in this particular area. 6. Adult Social Care have recently produced data on adults in Newham with a potential social care need. The data on older people is shown in the tables below. The figures will need to be revised once detailed 2011 Census data is available. No assumptions can be made about eligibility for AA. The total older population in Newham is estimated to increase from 21,000 to 25,300 by 2021. This is an estimated increase of 20%. However, the proportional increase is expected to be larger in the 85+ age range increasing by 24% over the 10 years. Older population in Newham 2011 – 2021, GLA population estimates12 2013 2014 2015 2016 2017 2018 2019 20 2021 Total older (65+) population 21,000 21,400 21,800 22,200 22,500 23,000 23,400 23,800 24,300 24,800 25,300 Aged 65-74 11,700 12,000 12,300 12,400 12,600 13,000 13,300 13,600 14,000 14,400 14,700 Aged 75-84 6,800 6,900 7,000 7,200 7,300 7,300 7,300 7,300 7,400 7,400 7,500 10. What is the total spend by the Council on services related to the A.A. subtracting the funds paid by the Department of Work & Pensions (DWP) for the A.A. for each of the past three years? 11. What are the projections for Council expenditure on matters relating to the A.A. over the next three financial years? 12. Are there any differences between the political parties which have Councillors on the Council on the Council’s policies towards serving residents who claim the A.A., and if there is, what are the differences? Aged 85+ 2,500 2,500 2,500 2,500 2,600 2,700 2,800 2,800 2,900 3,000 3,100 Total older population based on 2010 estimates 20,200 20,600 20,900 21,200 21,500 21,900 22,200 22,500 22,900 23,300 23,800 Estimates over the past 5 years have shown an overall drop in older population of 1% but an increase of 4% of those aged 85+. Overall, the percentage of the older population who receive a social care service has reduced from 12% to 10% over the last five years. This is a consistent drop across all older age ranges and is likely due to the introduction of more prevention and enablement services. This drop is likely to continue with the continuing focus on enablement. Older service users in Newham 2006 – 2011 as a proportion of GLA population estimates Per c 2006 2011 1/4/2006 1/4/2011 1/4/2006 1/4/2011 Total 21,200 21,000 2,495 2,161 12% 10% Aged 65-74 12,100 11,700 592 524 5% 4% Aged 75-84 6,700 6,800 1,065 869 16% 13% Aged 85+ 2,400 2,500 838 768 35% 31% The table below looks at some predicted prevalence rates for Newham’s older population. These are the estimated numbers of people living in Newham who might be known to health or social care services, though might not actually have a social care need. Age and gender related prevalence rates applied to Newham’s older population 2011 2016 2021 Provides at least 1 hour of unpaid care per week[1] 2,150 2,360 2,610 Self defined limiting long-term illness or condition[2] 12,380 13,550 14,920 Moderate or serious physical disability (communication, locomotor, personal care, visual or auditory)[3] 8,850 9,690 10,660 Learning Disabilities[4] (administrative prevalence) 50 55 60 Common mental disorders[5] 2,130 2,330 2,570 Dementia[6] 1,350 1,460 1,620 Alcohol dependence[7] 230 250 280 Drug dependence[8] 80 90 95 1 Census 2001, prevalence for Newham’s population 2 Bid 3 Health Survey for England, 2001, Emerson and Chris Hatton of the Institute for Health Research, Lancaster University, entitled Estimating Future Need/Demand for Supports for Adults with Learning Disabilities in England, June 2004. Note, national estimates suggest that there is a three times higher prevalence of learning disabilities for people from Bangladeshi or Pakistani backgrounds. This has not been shown 4 Eric here as it has not been evidenced in Newham’s South Asian population 5 Adult Psychiatric Morbidity Survey in England 2007 6 Dementia UK: A report into the prevalence and cost of dementia prepared by the Personal Social Services Research Unit (PSSRU) at the London School of Economics and the Institute of Psychiatry at King’s College London, for the Alzheimer’s Society, 2007. 7 Adult Psychiatric Morbidity Survey in England 2007 8 Bid 7. Past services have been active in the past three years, but the information sought is not held and no longer funded by the Council: The Council did not receive any complaints regarding services provided through the Council’s funding of Newham Advice Consortium. 8. Due Public 13604 13/08/12 11/09/2012 Parking Fines Subject : Parking Enforcement Issue of PCN (number withheld) on 14.10.10 by camera recording Please provide the following information re-structuring in the Council, we are unable to provide this information as central records are no longer held. 9. Past services included benefits advice in general and did not isolate data for the Attendance Allowance. 10. See answer to question 9. Summary 1. The amount of frames that this camera operates at are 25 FPS. 2. Camera Operators ID is PN1156. 3. The information you have requested is personal data and as such exempt from disclosure under Section 40 of the Freedom of Public 13791 14/08/12 11/09/2012 Parking 1. The amount of frames that this camera operates at 2. Camera operators ID 3. Proof and certification operator is qualified to use equipment 4. confirmation recording was in accordance with code of practice of CCTV enforcement camera. 5. Confirmation recorded material is in compliance with code of practice and data protection legislation. 6. VHS or DVD copy of recorded material 7. Confirmation there were signs in the area warning of use of cameras and proof of signs existence and location. 8. Confirmation signs conform with TSRGD or have special authorisation from DofT 9. Confirmation that the sighting of the particular camera is at a position where CEO enforcement is not practical. Information Act 2000, which provides an absolute exemption where disclosure of personal data about individuals would contravene any of the data protection principles set out in the Data Protection Act 1998. Subject : Parking Summary However, we can confirm that all our operators are BTEC Certificated. 4. Yes, as confirmed by our Technical Construction File (TCF). 5. Yes, as confirmed by our Technical Construction File (TCF). 6. DVD and VHS are no longer in use. 7. It is not a legislative requirement to have signs warning of the use of cameras. 8. Please see response to question 7. 9. This is not necessarily the case, this camera was installed by Transport for London (TfL) for bus lane and parking enforcement which was installed some time ago. Fines Enforcement Cameras Re two additional questions: Question 1: Does Newham Council have a legal requirement to place signs in restricted parking areas which are being monitored by CCTV? I have been researching the Law, due to receiving a PCN and found the following information about the Data Protection Act 1998, below: Location of Cameras - Data Protection Principle 2 To ensure the images are captured in a manner prescribed the location of cameras must be carefully considered. 5. Signs, which are clearly visible and legible, should be displayed so that the public are aware they are entering an area covered by CCTV. Question 2: I would also like to know that if the above information is correct, is Newham Council fully compliant Question 1: Does Newham Council have a legal requirement to place signs in restricted parking areas which are being monitored by CCTV? I have been researching the Law, due to receiving a PCN and found the following information about the Data Protection Act 1998, below: Location of Cameras - Data Protection Principle 2 To ensure the images are captured in a manner prescribed the location of cameras must be carefully considered. 5. Signs, which are clearly visible and legible, should be displayed so that the public are aware they are entering an area covered by CCTV. In terms of Parking, there is no legal requirement to display signs indicating that CCTV is being used to enforce parking restrictions. Regarding the overall use of CCTV, our CCTV Strategy and Security Manager has previously confirmed that all council-owned cameras have CCTV signs attached to their columns. With regards to data protection, the council is registered with the ICO using a prescribed ICO with the fact that they have a legal requirement to place signs? format. This information is available for inspection by the public. The link to the ICO database is below: LOGGED AS FOI FOLLOWING CONTACT FROM REQUESTER ON PREVIOUS REQUEST - E12741 http://www.ico.gov.uk/tools_and_resources/reg ister_of_data_controllers.aspx The council's registration number is Z5808736 Question 2: I would also like to know that if the above information is correct, is Newham Council fully compliant with the fact that they have a legal requirement to place signs? As mentioned above - In terms of parking, there is no legal requirement to display signs indicating that cameras are being used to enforce parking restrictions. Public 13560 15/08/12 11/09/2012 Community Participation Unit Subject : Leisure Services Summary For the following question please provide the answers separately for each year requested. It should be noted that all Newham’s Leisure Centres are managed by Greenwich Leisure Limited. 1. How many council run leisure centres have been closed in the last in 2010, 2011, 2012. What were they called? 2. How many council run swimming pools have been 1. None of Newham’s leisure centres have been fully closed in the last three years. 2. The swimming pool located at the Atherton Leisure Centre was closed in May 2011 due to asbestos works being carried out at that time. We now have new plans for the major closed in 2010, 2011, 2012? What were they called? 3. How many council run gyms have been closed in 2010, 2011, 2012? What were they called? 4. How many playing fields have been sold or used for other purposes in 2010, 2011, 2012? Where were they? 5. How many public toilets have been closed in n 2010, 2011, 2012? Where were they? development of this swimming pool and leisure centre on this site. Please see further details of this on the web link below http://www.newham.gov.uk/entertainmentandle isure/leisurecentres/athertonleisurecentre.htm 3. None of Newham’s gym facilities have been closed in the last three years. 4. No council owned playing fields have been sold or used for other purposes in the last three years. 5. In the last three years there has been one closure of a public toilet facility in the borough. These facilities were located closed in 2012 at Stratford Bus Station, following the location being taken over by Transport for London. For your further information a further public toilet outside West Ham station was removed during the Olympics Games period but it is understood this facility will be reinstated. Public 13562 15/08/12 11/09/2012 Communicati ons/Press office/publicit y Subject: Funding for Musical Festival While passing through the Saturday Forest Gate Market on Saturday I listened to and appreciated the live music being performed. The Musicians where wearing TEE Shirts that Summary The Mayor did not personally fund this performance. indicated that they had been provided by the Mayor of Newham. May I ask under the Freedom of Information Act did you personally fund this performance? If you did not then surely it was in fact the ratepayers of Newham such as myself who where providing this entertainment? Whatever the legalities of this matter allow me to make some comments as a long time resident of Newham and a long time Labour Party supporter. I discussed this matter with a number of my friends and neighbours. They regarded the claim that you where providing this entertainment with both derision and indeed some anger. May I suggest that using your mayoral position; name and powers in such a way is transparently opportunistic and frankly somewhat demeaning. I would appreciate your response to my comments. Media 13572 16/08/12 11/09/2012 CYPS Support Learning Subject: School Art & Music Classes Summary We do not record this information centrally. 1. How many children were withdrawn from school art classes in the borough in each of the following academic years? 2005-06 2006-07 2008-09 2009-10 2010-11 2011-12 2. How many children were withdrawn from school music classes in the borough in each of the above following academic years? 3. In both cases (art and music classes), how many of the children withdrawn were Muslim children? 4. This request covers both secondary and primary schools This information would be held locally by individual schools. For your reference please see the web page below which details all of Newham’s schools and relevant contact details http://www.newham.gov.uk/EducationAndLear ning/Schools/SchoolsDirectory/default.htm in the borough. 5. Please provide a breakdown of the above information by school. 6. How many schools have changed their art or music curriculum in order to accommodate the concerns of Muslim families? Organisation 13671 23/08/12 11/09/2012 Private Sector & Adaptations Subject : Landlord Prosecutions We now respectfully request the landlord prosecution figures for the following: 1. Failure to apply for an HMO licence. 2. Failure to apply for a selective licence. 3. Breach of HMO management regulations. 4. Breach of HMO licence conditions. Summary As advised to you in our previous response under request reference E12940 we are unable to provide accurate historical reports on the number of prosecutions against landlords for the last five years. Due to a change in recording procedures last year and a change in computerised systems for reporting purposes, we are now able to give information for the last year. In order to retrieve accurate information for previous years an officer would be required to manually interrogate all files held within the service manually, which would run into thousands for the four year period, to be able to identify if a successful prosecution was 5. Breach of selective licence conditions. 6. Failure to comply with improvement notice, emergency works notice, emergency prohibition order, or prohibition order. completed against landlords, as opposed to pre-action intervention. This manual exercise would exceed the appropriate limit. Under the Freedom of Information Act the Council has a right to refuse a request for information held if the cost of complying with a request exceeds the appropriate limit. The appropriate limit for local authorities is £450 or 2.5 days or 18 hours. We believe in this case such an exemption applies and has decided to refuse your request for information under section 12(1) of the Act. 12 Exemption where cost of compliance exceeds appropriate limit (1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit. We have however, due to the change in reporting procedures and through manual retrieval within the appropriate limit, able to advise of the number and nature of successful prosecutions against landlords for the last financial year 2011/2012. Please see this information broken down by the headings you requested. Number of landlords successfully prosecuted 2011/12 - 31 1. Failure to apply for an HMO licence. 2 2. Failure to apply for a selective licence. 17 3. Breach of HMO management regulations. 5 4. Breach of HMO licence conditions. 5. Breach of selective licence conditions. 6. Failure to comply with improvement notice, emergency works notice, emergency prohibition order, or prohibition order. 5 It should be noted that in addition to the six headings you specifically requested, a further two prosecutions were commenced for illegal eviction. Similarly there were a number of cases where the decision to prosecute was made in respect of more than one reason. Of the six reasons you specified additional reasons for commencing action included failure to comply with a Section 16 notice (request for information) which was considered in eight of the prosecutions listed above. Public 13696 17/08/12 12/09/2012 ICT Subject : Disposal of ICT Equipment 1. Does the Council currently have a contract for IT disposal? If so; a. Which company handles the contract? b. When does contract expire? Summary 1. No, IT equipment is leased and returned to supplier at the end of the lease. 2. All IT equipment is either returned to the lease suppliers or disposed of in accordance to the Waste Electrical and Electronic Equipment (WEEE) Regulations. c. Is the contract advised in the European Journal or other purchasing publication? d. Does the contract cost the Council to dispose of IT - or does the awarded company 'pay' for the material? e. If contractor pays for removal - what are typical costs. What costs in last 3 and 6 months of transacted business? f. If Council pays for material to be removed - what is projected spend over the period of the contract? 2. What involvement does the Council's Technology Services specifically get involved in the IT disposal? Is this a piece of work where 'estates' decide how material is disposed of? 3. How is data removed from servers and PCs prior to end of life? a. If software tool is deployed which tool? b. Does tool meet CESG and DIPCOG certification? c. Are drives removed and destroyed? Who removes a. No. 3. Data removal is the responsibility of the lease supplier, legacy equipment has the HD destroyed or removed (for re-use internally) before collection. a. b. c. d. Not applicable Not relevant Yes, Council Engineers. 5 minutes 4. Yes, but without Hard Drives in the PC. a. No preparation undertaken by the Council and no support provided. b. No transfer of software. 5. ICT Service Manager - Newham Dockside, 1000 Dockside Road, London E162QU 6. Yes. a. Inventory management techniques and a ICT system 7. None. 8. Not applicable - leased equipment is not Newham owned. We can advise that drives? d. How long does it take per machine to remove hard drives? 4. Does the Council donate any equipment to charity, good causes or staff? If so, how do you ensure Data Protection? a. If donations are made how long does it take to prepare the PC and how does the Council support any of the donated equipment? b. How does the Council transfer any licenses between the Council and new owners? 5. Who has overall disposal of IT equipment with Council? Please provide contact details. 6. Can the Council track all assets disposed of should there be a breach of data investigation? How is equipment tracked? 7. How many incidents has the Council dealt with in the last three years from data found on IT equipment disposed of? legacy equipment has been written off over a 4 year period. 9 The cost of the lease is calculated with the item having an asset value to the supplier at the end of the ease to the Council. 10. One staff member. 11. Yes. a. Please refer to the enclosed Policy and Procedure Guidance Notes. 12. We can advise that leased machines are obtained upon a 4 year refresh scheme. 13. We are unable to comment as the information sought is for a future point in time. 14. HP & Canon. 15. Yes. a. Most school equipment is hired under a leased contract and legacy equipment is disposed of by the Council’s ICT Team. 8. At what point during the IT asset's lifecycle does it become zero cost asset to the Council? when does Council write off asset? 9. How does the Council recognise any rebate back from equipment sold? 10. How many staff are involved with decommissioning services of legacy IT equipment? 11. Is decommissioning a process driven exercise (set standards/procedures) Please supply procedures adhered to and staff training? 12. How old is IT equipment before disposed of? 13. How many Pcs and printers are expected to be removed from service between now and March 30th 2012? 14. Who is the primary supplier of PCs and printers to the Council - by which manufacturer? 15. Are the schools IT supply and disposal handled by the Council? Or is this under separate contract/agreements please detail. Media 13657 20/08/12 12/09/2012 CYPS Schools Traded Services Subject: CYPS Summary 1. For the 2011/12 academic year can you state how many children within your authority were (i) given a fixed period exclusion and (ii) permanently excluded from a school because of their involvement with a weapon of any description? 1. We can advise that a total of 15 pupils in total were permanently excluded in either of the following categories: 2. Please could you give a one line summary of each incident referred to in Q.1. Detailing what the weapon was, used or threat and who the victim was –pupil, teacher or member of public. I appreciate that weapons is not a specific exclusion code under the Department of Education guidelines, although some authorities do independently • Use of a weapon/instrument; • Display of threatening behaviour with a weapon/instrument; • Carrying a weapon/instrument posing no intention of use or threatening behaviour. With regards to Fixed Term Exclusions, we do not hold this information as this type of information is recorded and retained by the relevant school(s) and not by the Authority. The Authority can only extract information about a Fixed Term Exclusion using the recognised DfE codes and weapons (or use of) is not within the code. You may find the following link useful http://www.education.gov.uk/rsgateway/DB/SF R/s000942/index.shtml make a category for weapons. If you do not have it as an easily identifiable category then I would ask that some sort of computer search for the words “knife”, “gun”, “blade” or “cosh” is carried out. If this task is too great for the cost limit then please limit its scope to just the permanent exclusions. Public 13596 20/08/12 12/09/2012 CYPS Safeguarding Intervention Subject : Health Visiting Service Would you please be so kind as to provide the numbers of children under the age of 5 years under the care of the Health Visiting Service during each of the years 2006-2011 who: 1. Had a Child Protection Plan 2. Were identified as 'Children in Need' 3. Were identified as 'Children with Special Needs' 4. Were identified as living in families/homes where at least one adult was identified as needing extra support. 2. Please refer to the enclosed document with regards to the Permanent Exclusions on Weapons during the academic year 2011/12. Summary We do not hold the information requested. The information you have requested is held by the National Health Service (NHS). You may find the following website below useful http://www.nhsdirect.nhs.uk/en/About/Freedom OfInformation In addition, you may wish to direct your request by email to freedom@nhsdirect.nhs.uk or submit your request by post or fax as follows: Write to Freedom of Information Manager NHS Direct 120 Leman Street London E1 8EU To make a request by fax Send your fax to: 020 7599 4299 Public 13598 20/08/12 12/09/2012 Anti-Social Behaviour Subject : Complaints about football 1. How many complaints of playing football on the street were received last year? 2. How many resolved and how it was resolved? 3. What powers the council have to stop them? Summary 1. We can advise that between the 1st September 2011 and 31st August 2012, there were a total number of 143 service requests calls, which related to football being played in the street. 2. Closed Cases 69 Observed on CCTV 1 Referred to external agency 6 Referred to Police Safer Neighbourhood Team 55 Un-allocated 2 Under Investigation 10 3. It maybe helpful to know that the main powers rest with the Police under the Highways Act 1980. For example if a person plays football or any other game on a public highway to the annoyance of other users, he/she is guilty of an offence and liable to a fine. It is in such cases that matters are referred to the Police. The Council may write to the parents of children or individuals where incidents cause a regular nuisance or are serious enough to possibly constitute anti-social behaviour. If the children are under aged 10, Council Officers can consider a Parenting Order. If the children are over the age of 10, the Council can consider an Acceptable Behaviour Contract between the child, parent and Council. In extreme cases, with detailed evidence an Antisocial Behaviour Order (ASBO) can be considered. Public 13628 21/08/12 12/09/2012 Community Participation Unit Subject : Volunteers Structure Chart Please can you provide me with the numbers of individuals in the chart 'Volunteer Team Structure' excluding the volunteers I would like to know how many of the individuals in the satellite boxes around the volunteer box, belong to more than one group eg. Steering group members who are also volunteer reps, trainers, team leaders and other combinations of this. Public 13407 18/07/12 13/09/2012 Human Resources Subject : Agency Staffing Summary In response to your Freedom of Information Enquiry, we have attached the current Newham's Volunteers Structure - indicating the staff and volunteers on the programme We can advise that there are currently 42 team leaders and 14 steering group members and can confirm that 6 members of the steering group are also team leaders, but none are active trainers. Summary 1. The number of staff hired on short term contracts (12 months or less or rolling contracts for periods longer than 12 months) in each of the past four financial years and the current financial year to date. 2. The total cost of agency staff and separately the total cost of fees paid to recruitment agents firms or similar for the past four financial years and the current year to date. Please also provide a list of the names of the recruitment firms used by the council during each of the years and a breakdown of the total fees paid to each firm. 3. A breakdown of the cost of the ten highest paid agency staff including the date they were first hired, job title, total pay, monthly pay and agency fees associated with each worker. Please also include the names of any companies which were paid in lieu of services provided by any of these agency workers. Again please provide this information for the past four financial years 1. The number of staff hired on short term contracts (12 months or less or rolling contracts for periods longer than 12 months) in each of the past four financial years and the current financial year to date is as follows: 08/09 09/10 10/11 11/12 12/13 1578 1593 1282 1165 670 (to September 2012) 2. The information you have requested is as follows: 08/09 = 09/10 = 10/11 = 11/12 = 12/13 = 22,486,287 21,499,890 18,053,559 15,954,722 5,710,375 (27/03/12 to 12/08/12) Please note that the information you have requested in relation to total cost of fees paid to recruitment agents/firms or similar and a list of the names of the recruitment firms used by the Council is commercially sensitive data. The information requested is therefore exempt from disclosure under Section 43 (2) of the Act. The London Borough of Newham will not disclose information which would prejudice the and the current year to date. commercial interests of the companies concerned. Section 43 is a qualified exemption therefore we have to consider the public interest in disclosure. We have decided that in this case the public interest lies in favour of not disclosing the requested information. 3. Please see attached spreadsheet. It should be noted that the total cost quoted for each individual is for their complete tenure with the Council i.e. from the start date to the end date of hire. Please note that the information you have requested in relation to the names of any companies which were paid in lieu of services provided by any of these agency workers is commercially sensitive data. Section 43 (2) of the Act has been applied to this aspect of your request for the reasons detailed above in question 2. Media 13561 15/08/12 13/09/2012 Adult Services (FOI) Subject: Adult Services Summary I would like to know how much the council has spent (budget wise) on the following services for the last four financial years (2009-2010, 2010-2011, 20112012,2012 budget) 1. Sexual and Domestic Violence Within Newham Council our Community Safety and Enforcement Directorate have spent as follows: Sexual and domestic violence Abortion Specialist violence against women services rape crisis centres refuge centres domestic violence outreach ethnic minority women trafficked women and women in prostitution sexual assault referral centres If possible, I would like both the lump budget sum for 'women's services' and the amount that's been spent for the specific services listed. I am asking for this information as part of a survey of councils Please ring me if you need any clarification Please acknowledge my request I would like this information to be sent via email 2009/10 2010/11 2011/12 2. £832,500 £280,000 £280,000 Abortion We can advise that at this present time there is no funding by the Council from public health on these issues. You may find useful visiting the National Health Service website at http://www.nhsdirect.nhs.uk/en/About/Freedom OfInformation In addition, you may wish to direct your Freedom of Information request by email to the freedom@nhsdirect.nhs.uk or submit your request by post or fax as follows: Write to Freedom of Information Manager NHS Direct 120 Leman Street London E1 8EU To make a request by fax Send your fax to: 020 7599 4299 3. Specialist violence against women services Within Newham Council our Community Safety and Enforcement Directorate have spent as follows: 2009/10 2010/11 2011/12 4. £832,500 £280,000 £280,000 Rape Crisis Centres We can advise that Newham Council in 2009 2012 have not produced any funding in this area. It should be noted that the Rape Crisis Centre East London is funded by GLA from 2010 -12. 5. Refuge Centres For the two refuges funding has been as follows: 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 6. £423,685 £413,201 £413,201 £413,201 Domestic Violence Outreach Within Newham Council our Community Safety and Enforcement Directorate have spent as follows: 2009/10 2010/11 2011/12 7. £832,500 £280,000 £280,000 Ethnic Minority Women We can advise that there is a supporting people block contracts in place for East Living i.e.: Newham Asian Women's Project (NWAP), and spending costs are as follows: 2011/12 2010/11 2009/10 2008/09 NAWP £240k £240k £240k £238k 8. Trafficked women and women in prostitution Please see response to question 2. 9. Sexual assault referral centres Please see response to question 2. Business 13693 24/08/12 13/09/2012 Adult Services (FOI) Subject: Care of Elderly Persons HPC are consultants in the healthcare industry. We are Summary The London Borough of Newham does not own any Care Homes. currently carrying out analysis into the provision of care to elderly persons. In order to assist in our work, please would you be able to provide the following information? The information should be readily available from the relevant department with responsibility for social care. 1. Does the local authority own any care homes registered to provide nursing or residential care to the elderly? If the answer to the above is No, please respond to that effect without the need to complete the following. If the answer is Yes, please also respond to the following: 2. Is the care provided by local authority employees or is the home operated by an independent body by way of lease or management agreement? 3. Is there any strategy in place at present to close or sell the homes as going concerns? 4. Can you please confirm the names and locations of the facilities? Public 13687 24/08/12 13/09/2012 Complaints and Member Enquiries Subject: Affordable Homes Summary How many homes for affordable rent (not including social rent), which have received all necessary approvals, and with financing in place, will be started in each of the next three years in the geographical area under your remit? The table below shows the number of social rent housing units with planning permission as at the 31st March 2011 by electoral ward. It maybe helpful to know that this is the latest available data, the Council is currently compiling the data for 2011/12 and this will be available in October 2012 which in common with other London Councils. Please note that the table excludes lapsed planning permissions. This includes those being built directly or by housing associations. If it's possible, I'd like to receive this information electronically (to this address). If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the Act. I expect you to release all nonexempt material. I reserve the right to appeal against any decision on your part to withhold any part of the information requested, or to charge me excessive fees. The negative figure for Canning Town reflects demolitions that are ongoing; over a longer period there will be a net increase in homes here. These are net approvals in the pipeline for social rent and does not include affordable rent. We would expect these generally to be delivered over the next 3 years. We do not hold any information on funding or finance of schemes so would not be able to confirm if finance is in place. It is common that not all of the schemes in the development pipeline (i.e. with planning permission) will be built out, however we do know that two thirds of these schemes were on site as at the 31st March 2011(933 units). I'd be most grateful if you could confirm that you have received this request. Total number of Social Units Pipeline 1397 Ward Breakdown CANNING TOWN NORTH 9 CANNING TOWN SOUTH -156 CUSTOM HOUSE 9 EAST HAM NORTH 11 FOREST GATE NORTH 1 FOREST GATE SOUTH 12 LITTLE ILFORD 26 PLAISTOW SOUTH 8 ROYAL DOCKS 561 STRATFORD AND NEW TOWN 906 WEST HAM 10 With regards to your request surrounding homes for affordable rent built by Housing Associations, we do not hold the information you require and suggest you contact the relevant Housing Associations for the information sought. Public 13716 28/08/12 13/09/2012 Parking Fines Subject: Parking Fines Summary 1. The total number of PCNs issued in each year including 2008 to 2011 1. 2. The total number of appeals made for each of the above years. Please refer to the table below. Year/Issuance Valid PCNs Collectible PCNs 2008 215898 196034 2009 234942 218023 2010 214769 200937 2011 3. the number of appeals allowed for each of the above years 4. The number which progressed to ombudsman and County Court for those years. 5. Under what pressure duress cajoling are the CEO's encouraged to give parking tickets 6. Are there any incentives or monitory gain for those who give out more tickets? 7. Up to 20% of PCN's are false what are you doing about this or have done in the past 8. What are the reasons for giving me ticket number (withheld) 9. How can you justify more serious offence for the above ticket and higher penalty charge? What would have happened if I had paid the fine? is that what a significant number 223282 215535 NB: Penalty Charge Notice (PCN) 2 & 3. Information available on London Councils' website: http://www.londoncouncils.gov.uk/policylobbyin g/transport/parkinginlondon/parkinginformation. htm 4. We can advise that from the records available and in relation to this request, the following number of cases progressing to County Court were: 2011 2012 2012 17 6 14 There is not a Parking Ombudsman. 5. Civil Enforcement Officers (CEOs) are not put under undue pressure or duress to issue parking tickets. We understand that factors such as beat location, beat coverage, the accuracy of their work (i.e. cancellation rate) the weather, the day of the week and time of the year are be taken into consideration when reviewing an individual’s capability. 6. Mouchel does not offer any bonus of motorists do to avoid hassle? 10. How many CEO's are disciplined or dismissed for wrongful behaviour each and every year? 11. How many apologises for wrong tickets issued in each and every year? 12. How do you regulate yourselves? You act with impurity analogous to day light robbers, not accountable to anyone - have you ever paid a fine for a wrong ticket? I have had x2 previous false PCN's in the past. This is not an isolated incident. scheme or monetary incentive to CEOs for issuing PCN’s. 7. We cannot comment upon this aspect of your request as we do not hold the information you refer to. 8. Please refer to your original PCN as issued in which the offence is failure to clearly display a valid permit in a permit space or zone. 9. PCN levels are set by London Councils not each individual authority. Payment is considered an acceptance of liability. 10. We can advise that there have been two reported incidents. It should be noted that wrongful behaviour does not relate to the issuing of PCN’s by a CEO or being present during an incident whilst on duty. 13. Why was there an unacceptable delay in responding to my letters dated the 21/11/11 and 7/12/11? 11. We do not hold the information requested. 14. Why was no apology forthcoming and to put things right? 12. PCN recipients are entitled to make representations to the Council. If the Council rejects the representations, the keeper/owner can challenge the Council's decision at the Parking and Traffic Appeals Service (PATAS). 15. Why was no procedure put in place to avoid the above PATAS are independent of the London Local mistakes? 16. Why is a mistake by civil enforcement officer an error and a mistake by the public called an offence for which a penalty has to be paid? 17. Why is Newham swamped by Parking Ticket Officials? 18. Why have you threatened me with legal charges when the fault was of your own making? 19. Why has there been an increase in the number of parking zones from 12 to 18 for same area – the only conclusion is to catch more motorists out? 20. Why is there no explanation of zone markings in tickets or road? 21. Of the 20,000 tickets issued every month, how many do you get wrong? Do you ever apologise or compensate – give examples. Even 89% of Authorities and any decision they make regarding the validity of a PCN is binding on both the customer and the Local Authority. 13. The Council will answer your representation within 56 days from the date of receipt. This is in line with current legislation. 14. Please see cancellation letter(attached). 15. In such situations training issues are raised with senior management with regards to the behaviour/actions taken by a CEO. 16. All matters relating to representations and appeals against PCNs are governed by regulations set down in the Traffic Management Act 2004 (previously the Road Traffic Act 1991 (as amended) and as such these regulations must be adhered to by the Local Authority and the PCN recipient. PCN recipient have the right to follow the statutory procedure to challenge the PCN. Contravening parking restrictions is an offence under current legislation, however errors do occur. 17. It is a CEO’s responsibility to enforce parking contraventions. rejections by the banks for false selling of PPI claims were over turned in court – FACT – Daily Mail dated 15th Amy 2012. 22. Can you fully explain your reasons – Example 1 attached. No details of driver were recorded – the vehicle was empty at the time. It is clear that on impartial assessment of the evidence, there is clear abuse of the systems/fraud by at least 10%. This is plainly criminal. 18. All matters relating to representations and appeals against PCNs are governed by regulations set down in the Traffic Management Act 2004, the Council has to comply with current legislation and follow the statutory procedure. The PCN recipient is given the opportunity to contest the issuance of a PCN. 19. The Council listens to local views and works with local councillors in addressing parking stressed areas by the form of introducing a parking scheme. This is further outlined in the Councils Parking Policy. Where there is a local need the Council may introduce parking restrictions, to aid road safety and access and give priority to residents, disabled blue badge holders, businesses and visitors as needed. 20. There is no requirement to outline an explanation of the parking restrictions as these are outlined in the Highway Code, and Dept for Transport web site and forms part of the UK driving test. The issued PCN is based on a nation wide format which contains base information, and PCN codes. In the main UK motorists are aware of the nationwide traffic/parking signs and have an idea where to obtain further information. 21. You may wish to visit the Parking and Appeals Traffic Service (PATAS) website at http://www.patas.gov.uk/default.htm . 22. Under current legislation the details of the driver is not required. Public 13727 28/08/12 13/09/2012 CYPS Safeguarding Intervention Subject : Safeguarding Children I am studying for a master degree in social work and hope to do my dissertation on accusations of witchcraft and social worker understanding of the issue. Summary In response to your request, Newham is partnering with AFRUCA (Africans Unite Against Child Abuse) to develop a new service. The service will be lead by AFRUCA. It is not yet operational. An overview of the project is available to the public on AFRUCA's website which is as follows: http://www.afruca.org/ourwork/afrucas-focus-areas.html . I found out that the Newham children and young people services will be joining with AFRUCA to set up a new unit soon. Business 13712 30/08/12 13/09/2012 Human Resources Subject Summary Private Medical Health Insurance Private Medical Health Insurance 1.Do you provide Private Medical Health Insurance (for example, through BUPA, or AXAPPP) to your employees? 1. Do you provide Private Medical Health Insurance (for example, through BUPA, or AXAPPP) to your employees? A. No Yes / No If yes: a. Who do you provide cover to: All employees Senior managers Directors Other, please explain b. What level of cover do you provide? Single Couple Single Parent Family Family c. Do you provide a different level of cover depending upon seniority? d. Do you allow employees to cover other family members at their own expense? If yes: a. Who do you provide cover to: A. All employees Senior managers Directors Other, please explain A. Not Applicable b. What level of cover do you provide? A. Single Couple Single Parent Family Family c. Do you provide a different level of cover depending upon seniority? A. Not Applicable d. Do you allow employees to cover other family members at their own expense? A. Not Applicable Health and Wellbeing 2. Do you offer employees access to a Health Cash Plan on a voluntary or employer paid Health and Wellbeing basis? 3. Do you offer employees access to Dental Health Insurance on a voluntary or employer paid basis? 2. Do you offer employees access to a Health Cash Plan on a voluntary or employer paid basis? Development 3. Do you offer employees access to Dental Health Insurance on a voluntary or employer paid basis? 4. Do you offer your employees time away from work for personal development opportunities? A. A. No No Development 5. Do you sponsor career development for your employees, e.g. pay for professional qualifications? 6.Where you do sponsor, are there any criteria applied (e.g. must be related to role)? Leave 7. Do you provide employees with the opportunity to buy and/or release annual leave? 8. Do you provide unpaid sabbatical opportunities to employees? 4. Do you offer your employees time away from work for personal development opportunities? A. Yes, in circumstances where it relates to their role 5. Do you sponsor career development for your employees, e.g. pay for professional qualifications? A. Yes, in circumstances where it is necessary to the role 6. Where you do sponsor, are there any criteria applied (e.g. must be related to role)? A. Yes, must be related to the role Leave 7. Do you provide employees with the opportunity to buy and/or release annual leave? A. No 8. Do you provide unpaid sabbatical opportunities to employees? A. No, although unpaid leave can be utilised. Public 13708 31/08/12 13/09/2012 Housing Benefit Service Subject: Council Tax Summary Please could you tell me whether people living in Newham had to pay more in council tax to pay for the Olympics than other people who live in London? We do not hold the information requested. The 2012 Olympic Games and its funding involved a number of agencies and organisation, but also was part of a the Greater London Authority (GLA) precept and the amount the GLA were proposing to charge London residents for their services and not a Council run initiative. You may find the following website useful in a comparing the precept for different boroughs by visiting http://www.london.gov.uk . Any figures would be very welcome. Or alternatively you may wish to submit your Freedom of Information request to Requests for Information which must be in writing (e.g. by letter, fax or email), state your name and address for correspondence, and describe clearly the information you are seeking. Your request can be posted, emailed or faxed to: Public Liaison Unit Greater London Authority The Queen’s Walk London SE1 2AA Email: mayor@london.gov.uk Fax: 020 7983 4057 Public 13729 03/09/12 13/09/2012 Home Ownership & Leasehold Services Subject : Leaseholder Charges for Works/Maintenance I am a leaseholder of LBN. Under the Freedom of Information act 2000, I make the following requests: Please provide details of all profit sharing agreements/arrangements that LBN have entered into with building contractors (in respect of work/major works carried out which are subsequently recharged to leaseholders.) Summary We do not have any profit-sharing agreements with contractors on any of our major works contracts. This request is made further to the following: http://www.channel4.com/progra mmes/dispatches/4od#3399948 Kind regards Public 13662 21/08/12 17/09/2012 Council Tax Subject: Council Tax Summary 1) Any correspondence with DCLG regarding CTB reform 1. Please refer to the enclosed document Localising Support for Council Tax with regards to the information sought. 2) Any consultation paper you have issued on CTB reform 3) Any assessment you have made on the effect of localised council tax reform on council tax collection rates 4) Any groups that you have intend to or have suggested protecting from the impact of CTB reform, e.g. single mothers, carers, the disabled, etc. 5) The maximum %age of council tax liabilities that you have suggested in consultation or in discussion charging current recipients, e.g. charging 25% of council tax to some groups in 2. We have yet to issue a public consultation document in respect of these changes. 3. Please see attached CTS modelling document that shows assumptions around overall collection rate and non-payment rate for any liability for households likely to receive Council Tax Support. 4. Costings have been carried out for protecting disabled and carer households. 5. Costings have been carried out for 80% to 95% maximum eligible Council Tax Benefit (CTB) liability. 6. Currently 29.7% of CTB recipients are of state pension credit age. order to protect pensioners. You may have provided a range; if so, that will suffice. 6) Any assessment you have made of the %age of CTB recipients that are pensioners in your local authority. Public 13665 23/08/12 17/09/2012 CYPS Schools Traded Services Subject: CYPS Summary 1. The number of assaults on teachers by pupils at Schools in the Borough during the last 5 years and a breakdown of the figures for each of those years? 2007, 2008, 2009, 2010, 2011 and if available the current year 2012 1. 2. The number of assaults on pupils by teachers at Schools in the Borough during the last 5 years and a breakdown of the figures for each of those years? 2007, 2008, 2009, 2010, 2011 and if available the current year 2012 2. 3. The number of crimes in Schools within the Borough in Year 2007 2008 2009 2010 2011 Year 2007 2008 2009 2010 2011 3. Number of pupil on teacher assaults. Incident 92 127 126 137 141 Number of teacher on pupil assaults. Incident 0 0 0 0 0 We do not hold the information the last 5 years and a breakdown of the figures for each of those years ? 2007, 2008, 2009, 2010, 2011 and if available the current year 2012 4. If possible what the crimes were to Question 3 ? requested with regards to the information sought. All crime data is owned by the Metropolitan Police and as a matter of policy we can not release crime data on their behalf. You may wish to visit the following website and submit your FOI request accordingly http://www.met.police.uk/information/metric/ind ex.htm . 4. Public 13659 21/08/12 19/09/2012 Parking Fines Not applicable. Subject: Parking Fines Summary What is the most expensive hourly charge for Pay & Display, Pay by Phone or Shared Use Bays in your local authority? 1. Under the Freedom of Information Act we have the right to refuse a request for information held if an exemption applies. We believe in this case Section 21 exemption applies and have decided to refuse your request for information. In total, how much did the local authority or any authorised contractor or sub-contractor receive in parking charges last year? How many households are there in your local authority? (If not known precisely, please provide an approximation) Section 21 of the Act contains an exemption for information which is reasonably accessible by other means. The full details of Newham’s parking charges can be found on the Newham website. For your ease of reference, please see the relevant web link below http://www.newham.gov.uk/ParkingAndTransp ort/ControlledParkingZones/OnStreetPayAndDisplayCharges.htm 2. For the financial year 2011/2012 a total of £16,951,241 was received through all parking charges. 3. From the preliminary key findings of the 2011 Census (figures as of 27th March 2011) it was stated that Newham has an estimated total of 101,500 occupied households. Further statistical information on the borough can be located on the Newham website using the web link below http://www.newham.info/ Business 13661 21/08/12 19/09/2012 CCTV Subject: CCTV Summary Please could you inform me of the geographical location We can advise that we do not currently use wireless CCTV for Moving Traffic contraventions, nor do we use Traffic Light CCTV for yellow box junctions. It maybe helpful to explain that the Council currently do have a number of Moving Traffic locations identified in the borough and we are currently exploring additional hot spot areas. Preferably by latitude & longitude - of all your wireless CCTV involved with moving traffic contraventions and parking contraventions. This should also include traffic light CCTV enforcing Yellow Box Junctions, but not Bus Lane CCTV or Red Light/Traffic Light CCTV. Preferably listed in Excel spreadsheet format. In order to assist you with your enquiry you may also find the following website useful in viewing the CCTV Code of Practice via the internet which is applicable to all London Councils. http://www.londoncouncils.gov.uk/policylobbyin g/transport/parkinginlondon/cctvcodeofpractice .htm Each camera entry should be listed with the relevant contravention code and contraventions enforced, plus the camera ID number. Under the Freedom of Information Act we have the right to refuse a request for information held if an exemption applies. We believe in this case Section 31(1)(a) exemption applies and has decided to refuse your request for information. Section 31 is a qualified exemption to which the public interest test must be applied. When balancing the public interest regard must be had to the range and types of persons who may, at some future point, come into contact with the information (bearing in mind that information disclosed under the Freedom of Information Act is released, in effect, to the ‘world-at-large’). It therefore would not be in the interest of the public if the requested information is disclosed. Under this section of the Act it further provides that information is exempt from disclosure if such disclosure would prejudice the “prevention or detection of crime”. Putting the locations of where CCTV locations are situated across the borough into the public domain, would in our view compromise the work of the Council surrounding traffic control and enforcement which would prejudice the objectives of preventing criminal behaviour. We seriously consider that the release of the information sought from your request is not in the public interest. Political 13630 21/08/12 19/09/2012 Housing Partnerships Subject : Affordable Housing start of build dates I am looking at the total number of housing starts from the council and the private sector put together. I would then would like a breakdown of how many are private sector starts, affordable housing starts etc. I consider a housing start to mean the commencement of development and not the granting of planning permission. The distinction between affordable housing and social housing is clearly explained on the communities and Local government website. http://www.communities.gov.uk/ housing/housingresearch/housin gstatistics/definitiongeneral/ Affordable housing refers to how much of the housing starts being built to meet a need for low cost housing in the market with prices set according to local levels while social housing Summary In line with the rest of London we have just updated on the most recent financial year's 11/12 starts and completions on the London Development Database. These figures are starts as of the 31st March 2012. Housing Permissions Started: 49 Housing Units Started: 5,616 Number of Affordable Units: 1,939 Number of Private Units: 3,677 Note there are a significant number of starts that form part of the Athletes Village. These are subject to conversion works which will take place in stages. Other than this the most significant starts are on the following sites: Barrier Park East, North Woolwich Warton House, 150 High Street Stratford Edwin Street, Canning Town refers to council housing where rents are priced at the national rent regime price. Public 13684 29/08/12 19/09/2012 Vulnerable Young People Subject: Summary Please could you confirm the name, email address, direct line and position held for each and every senior responsible officer (s) who holds the following positions within the Children Social Care Department: Please find attached a copy of an organisational chart which illustrates the information sought. • Director The Heads of Service or Assistant Directors and Service Managers who are responsible for: • • • Child Protection Fostering and Adoption Learning Disabilities The senior managers responsible within Children Social Care, or if held corporately who is responsible for: • Commissioning • Procurement • Performance • HR • Finance • ICT • Transformation and Change • Management Information Could you also confirm the following: • The name of the electronic IT Case Management System used within Children Social Care for recording information and data collected on citizens of the council Please could you confirm the name of the senior officer (s) within Children Social Care responsible for Managing: • The Manager of the team who develop reports such as performance indicators, ad hoc reports and finance reports for the purpose of performance management and statutory returns within Children Social Care • The Training Manager or person responsible for training new and existing users of the case management system • IT Manager of the Case Management System(s) • Helpdesk manager of the Case Management System(s) • Changes to the case management systems system such as screen changes • Systems administration of the case management system As well as the individuals responsible for leading/implementing the following Children Social Care projects: • The Integrated Children System (ICS) • Common Assessment Framework Where possible please can you confirm the name, email address, direct line and position held for each and every senior responsible officer Business Media 13717 13709 29/08/12 30/08/12 19/09/2012 19/09/2012 Street Scene Enforcement ICT Subject: Age- restricted sales Summary Please find attached a questionnaire regarding your Council’s age-restricted sales test purchasing statistics as they relate to alcohol and off-licensed premises. Subject: Computers Please find enclosed our response as recorded within your questionnaire in relation to the information sought. How much did the council spend on tablet computers (including iPads) in the last financial year? The Council has spent a total of £37, 226 on tablet computers in the last financial year. Summary This total relates to £18,626 in outright purchases and a further £18,600 in leased equipment. Public 13731 03/09/12 19/09/2012 Housing Benefit Service Subject : Housing Benefits - Private Sector I would like to request information about Housing Benefit payments for the month of May 2012 paid to private rented sector landlords (i.e. not housing associations or social housing - based on the distinction used in DWP statistics). Summary 1. How many recipients there are of Housing Benefit in the private rented sector in your Council area? April = 14,540 May = 14,558 June = 14,608 2. The total cost of payments each week of Housing Benefit to the private rented sector. For that month I would like to know: 1. How many recipients there are of Housing Benefit in the private rented sector in your council area. 2. The total cost of payments each week of Housing Benefit to the private rented sector. I would like to know details of the five private sector landlords to whom the greatest number of housing benefit payments are made by your council. For them I would like to know: 3. The name of the company/individual landlord. 4. How many of their tenants were recipients of housing benefit from your council in May 2012. 5. What the total value of those housing benefits payments were in May 2012. (If data is now available for May 2012 could you please provide data for the most recent period 02/04/2012 - 08/04/2012 09/04/2012 - 15/04/2012 16/04/2012 - 22/04/2012 23/04/2012 - 29/04/2012 30/04/2012 - 06/05/2012 07/05/2012 - 13/05/2012 14/05/2012 - 20/05/2012 21/05/2012 - 27/05/2012 28/05/2012 - 03/06/2012 04/06/2012 - 10/06/2012 11/06/2012 - 17/06/2012 18/06/2012 - 24/06/2012 25/06/2012 - 28/06/2012 £2,996,894.48 £147,636.26 £5,789,338.31 £319,820.54 £3,059,571.04 £182,769.95 £5,559,712.94 £245,501.36 £2,870,854.28 £221,648.69 £5,475,375.37 £407,614.97 £2,811,691.07 We usually pay PTEN Claims to individuals 2Weekly, Landlords 4-Weekly & any immediate payments between these cycles. I would like to know details of the five private sector landlords to whom the greatest number of housing benefit payments are made by your Council. For them I would like to know: 3. The name of the company/individual landlord. 1. Easymove 2. Wentworth Estates 3. Newhome Property Services LTD 4. Homeview Residential LTD 5. Lettings International LTD available (e.g. quarter or year).) 4. How many of their tenants were recipients of housing benefit from your Council in May 2012. 1. Easymove = 95 2. Wentworth Estates = 79 3. Newhome Property Services LTD = 67 4. Homeview Residential LTD = 55 5. Lettings International LTD = 49 5. What the total value of those housing benefits payments were in May 2012. Easymove May Apr Jun £87,796.09 £85,724.59 £83,127.94 Homeview Residential Ltd May Apr Jun £46,008.44 £45,909 £46,014.56 Lettings International Ltd May Apr Jun £42,692.28 £40,974.31 £37,186.8 Newhome Property Services Ltd May Apr Jun £54,230.99 £58,664.92 £57,167.53 Wentworth Estates May £67,590.33 Apr £61,029.13 Jun £62,863.25 Business 13668 23/08/12 20/09/2012 Buildings and Facilities Management Subject: IT Equipment Summary I would like to find out what wide format printing equipment is held by Newham Borough Council 1. Model numbers HP800ps 42 & HP5500ps UV 60. Wide format equipment is equipment that can produce A2 / A1/ A0 drawings, colour posters and larger. As well as scanners that are capable of scanning drawings of the same size. I would like to know what equipment you have including model numbers, where the equipment is being held (addresses and department details), an estimate on annual 2. ICT Printing Services, Havering Town Hall, Romford Essex RM16 3BD. 3. 1300 prints (various sizes). 4. The purpose of the device is to print wide format plans, posters and banners. 5. Stephen Malyon – Printing Services Manager telephone number 0203 3736612. 6. The Council has bought the item outright. 7. The model number HP5500ps was print volumes and the devices purpose. In addition, I would like to know who is responsible for the equipment (names and phone numbers) and if it was leased or bought outright, who supplied it and any lease and support costs associated with operating the system. I would like to know if any outsourcing is used when looking to print large format documents and posters, which departments use outsourcing and how much they spend. Again only for wide format. purchased from Buyingprinters.co.uk . An original purchase of model number HP800ps, of which purchase details are unknown, any lease and support costs associated with operating the system are deemed commercially sensitive, as we tender for support each year during March. It maybe helpful to explain that the information requested is exempt from disclosure under Section 43(2) of the Act. The London Borough of Newham will not disclose information which would prejudice the commercial interests of the companies concerned. Section 43 is a qualified exemption therefore we have to consider the public interest in disclosure. We have decided that in this case the public interest lies in favour of not disclosing the requested information. 8. Yes, we consider outsourcing the cost of which has been estimated at £24,000. Technical Resources Model number DesignJet 800 Series supplied by Hewlet Packard. Model number DesignJet 1050C. The purpose of these devices are for plotting building technical and presentation drawings 40 rolls of 841mm x 45 metre print paper. We can advise that the items were bought outright by the Council with support costs of £1,184 excl VAT per annum. No outsourcing is undertaken in this area. Public 13722 29/08/12 20/09/2012 Street Scene Enforcement Subject : Newham Law Enforcement Team Uniforms Summary Profile of Enforcement Officers 1. Would you pleased forward to me copies of any and all communications sent to any or all elected Council members since April 2012 regarding the current uniform worn by Newham Council’s Anti-social Behaviour Officers/Newham Council Law Enforcement Officers. 2. More specifically, any and all communications sent to any or all elected Council members in response to the Private Eye article in issue number 1321 regarding the uniform currently worn by council ASB staff (for reference, a picture of the uniform is included with the Private Eye ran a small story claiming our Enforcement Officers, wearing their new uniforms, could potentially be confused with Metropolitan Police Officers. Our lines are as follows: • The words Police, Constable and Constabulary are explicitly not used on our uniforms; • Our high visibility panel displays London Borough of Newham (LBN) Law Enforcement.; • Grey epaulettes clearly display LBN and no insignia, such as stripes or pips indicating rank are used; • No articles, such as batons or handcuffs, are carried by the Officers; • All documentation used is clearly article). branded Newham and no Police statement forms or other forms of Police documents are used; • We have published and extensively circulated a service guide setting out clearly what services we provide and what powers we have and do not have. Our Officers clearly understand they do not have powers of stop and search. They have been clearly instructed that if an Officer is mistaken as a member of a Police force they are to ensure the misunderstanding is immediately corrected. Media 13692 23/08/12 21/09/2012 CYPS Safeguarding Intervention Subject: Missing Children For each of the last three full calendar years (2009/2010/2011): 1. The number of reports of looked-after children in foster care: a) missing for any length of time (i.e. the total number of reports of a child going missing), Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, Summary 1. From the 1st January 2011 to 1st January 2012, 29 children went missing from Care. From 1st January 2011 to 1st January 2012, 11 children went missing from Foster Care. From the 1st January 2012 to 4th September 2012 the numbers are as follows: Children missing from Care 19 Children missing from Foster Care 4 14, 15, 16, 17 and 18 or over. b) those missing for more than 24 hours, Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 or over. c) those missing for more than a week Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 or over. 2. The number of reports of looked-after children in residential children's homes (not including respite care): a) missing for any length of time (i.e. the total number of reports of a child going missing), Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 or over. Please find enclosed a table providing a breakdown of the overall figures for missing children by their relevant age categories for the years 2010, 2011 and 2012. 2. Newham Council does not have any residential children homes/establishments. 3. Newham Council does not have any secure children’s residential homes/establishments. It maybe helpful to explain that the additional data that is required with regard to type of placement and for the year 2009, cannot be provided as this information is not held centrally. We have provided a list of the outcomes applicable in support of the table provided. • • • • Returned back into care Returned to kinship care Whereabouts unknown/or withheld Arrested/in custody We are unable to release a detailed description of the nature of the investigations/outcomes as disclosure of this information could result in the identification of third parties. Third party personal data is exempt from disclosure under Section 40(2) of the Freedom of Information b) those missing for more than 24 hours, Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 or over. c) those missing for more than a week Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 or over. 3. The number of reports of looked-after children in secure residential children's homes: a) missing for any length of time (i.e. the total number of reports of a child going missing), Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 or over. b) those missing for more than 24 hours, Act (FOIA) 2000. Disclosure of third party personal information would contravene the first data protection principle, which requires that personal data shall be processed fairly and lawfully by the Council. Section 40 of the FOIA provides an absolute exemption; therefore there is no requirement to consider the public interest in disclosure. Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 or over. c) those missing for more than a week Please provide a breakdown by age showing the number of reports for children aged 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 or over. If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the act. Media 13680 28/08/12 25/09/2012 Pollution control Subject: Solar Panels Summary How many council owned properties currently have solar (PV) panels installed? We have dealt with it in keeping with the Environmental Information Regulations, as it is the most appropriate regime that applies. What percentage is this? In terms of domestic Council stock we can advise that we have not installed any Solar PV. It would be helpful to know that approximately 12-14% of educational sites have Solar Panels and or PV’s installed. These include: Forest Gate School, Earlham School, West Ham By 2015 how many council owned properties will have solar (PV) panels installed? What percentage is this? What other green plans does the council have for the future and how else is it trying to cut carbon emissions? Church School, Curwen School and Broadway House using the Low Carbon Grant Scheme. We also installed thermal Solar Panels at JF Kennedy School and North Beckton schools to heat the hydro-pools and at Fairplay House Adventure Centre near Maldon Essex to heat the showers. The Co-Op Bank also supported several other schemes in schools. All recent new developments in schools have included Solar PV on the roof as part of the planning process as well as taking advantage of the Feed-in – Tariffs (FIT). Planners also require Solar measures to be installed on nearly all new developments to meet low carbon building legislation and policy. The capital funding received from central government to expand pupil places will enable the authority to invest in sustainable measures. Although it is not clear as yet whether this is likely to include solar panels or PV’s; as we are exploring and reviewing benefits from different sustainable measures and the type of measure will largely depend on the site conditions. Therefore, it is difficult to quantify the number of school properties with Solar/PV Panels and future expectations. The Council uses a wide range of low carbon measures in all new and refurbished developments including heat pumps, CHP and high efficiency boilers. The Council is participating in studies for providing distributed community heating in parts of the Borough. We are currently purchasing electricity from renewable sources for many of our premises including Dockside. Our current carbon emissions reduction aspiration as documented in our Carbon Management Plan is 40% to be achieved by 2015 based on 2008 carbon baseline. However, this is under review. In line with the Council’s policy on 40% energy reduction, we are on behalf of educational and non-educational sites implementing a large automatic meter reading (AMR) programme to better manage energy use and prevent any unnecessary waste in buildings. Educational sites across the Council have taken a range of measures such as: user behaviour, Ecoschools, sustainable school travel plans as well as waste reduction, re-use and re-cycle. As regards our general approach to the whole domestic sector, again like many authorities we are now looking to exploit to the maximum the potential for new Green Deal and ECO funding to replace the gradual loss of Decent Homes funding in both social and private sectors, and how this could be tied in with use of the FITs, Renewable Heat Premium Payment (RHPP) and Renewable Heat Incentive (RHI) to facilitate the introduction of renewables along with the standard heating and insulation improvements to the stock in all domestic sectors. These new funding regimes are not due to come into operation until January 2013 at the earliest, so until they bed in, it will be very difficult to predict with any accuracy how many measures will be installed. Political 13725 31/08/12 25/09/2012 Street Cleansing Subject : Cleansing Queens Market We would like you to provide all information about the tender of the cleaning contract for Queens Market in East Ham, and who the contracting cleaning company has been for the past five years. Summary We can advise that up until September 2011 the Council's Cleansing Waste & Recycling Service (CWR) provided cleansing and waste management services for Queens Market for many years. CWR made the decision to withdraw its cleansing and waste disposal service for Queens Market and pass the whole provision and ownership over to Property Services, Markets Management. The Markets Management Team has therefore employed its own cleansing and recycling staff directly on temporary contracts and as Newham employees. We can advise that Newham Community Recycling also provided a recycling service for the market under a service level agreement. However, this is currently under review. Public 13721 29/08/12 26/09/2012 Street Scene Enforcement Subject : Safety and Enforcement 1. Can you please let me know at which Council meeting was the decision made to label Newham Anti-social Behaviour Officers as “Newham Council Law Enforcement Officers”? 2. At which meeting was the decision made to change the ASB officers’ uniforms to the current uniform issued? Business 13720 31/08/12 26/09/2012 Business Rates Summary 1. The decision was taken by the Director of Enforcement & Safety as part of the restructure of the Community Safety Division, completed in February 2012. This decision was ratified by the Executive Director of Operations. 2. The decision was taken by the Director of Enforcement & Safety as part of the service restructure, under the delegated ability to make this decision at service level. Subject: Business Rates Summary Could you please provide me with the following information for the account listed below: Please find attached the complete accounts record held of Telent’s liability to pay Business rates at the requested address. Property address and account number(s) : The information requested above can be found in the attached Statement of Account. Telent Technology Ltd Units A & B, South Crescent, Cody Road, Canning Town, London E16 4TL 44364731 1) All account numbers along with property reference numbers under any of our clients names (as listed on the attached LOA) for this property. 2) The start date of our clients liability 3) The end date of our clients liability 4) Were there any empty periods during the liability period 5) Were any empty rate exemption awarded during the period of liability • If YES the percentage granted and the start and end dates of the exempt periods 6) What is the balance as at today’s date (not year end) please also include • Any credit / arrears which currently exist or prior year accounts • Balances on any archive accounts 7) The rateable Value as at the end of our clients liability 8) Details of any refunds issued during the period of liability • If refunds have been issued please confirm i. Method of refund ii. The date issued iii. The date cleared iv. Amount v. Reason for refund vi. If refund for rateable value, was any interest issued, if YES the amount 9) Is the property a listed building 10) Are there any later or earlier accounts for the same client at the property • If YES please repeat the above questions Media 13726 31/08/12 26/09/2012 Adult Services (FOI) Subject : Access to Adults Social Care Under the “Prioritising need in the context of Putting People First: A whole system approach to eligibility for social care” local authorities have to assess people’s social care needs and identify which bands they fall into. Local authorities have discretion to set the threshold at which they provide social care. Under the FOI Act please tell me: 1. What is your threshold currently set at (for 2012/13)? 2. What will the threshold Summary 1. Our current threshold is at Substantial and Critical. 2-4. There are no current plans to change the threshold subject to any future budget reviews. be set at next year (2013/14)? 3. Does the council have any plans to change this threshold in the next 3 years? If so, to what? 4. Does the council have any plans to change this threshold in the next 5 years? If so, to what? Business 13728 03/09/12 26/09/2012 Land Charge searches Subject : Contaminated Land Summary I am writing on behalf of Ground Sure Environmental Consultancy to request details of your Contaminated Land Register. The entry for Coopers Walk remains the only entry on the Part IIA Public Register for Newham. This location has now been cleaned up by the developers and no longer poses a risk. 1. Our records show that there is one entry on the Contaminated Land Register under Part IIA of the Environmental Protection Act 1990 in Newham; at Coopers Walk, Newham. Would you be able to confirm that there have been no additions to the register or remediation notices since our last recorded update on 03/06/2011? It may be useful to note once a property is put on the register it remains there even though it has been cleaned. It's the fact that there has been a determination that is registered. A remediation statement is held on the register for this location. There has been no change in the information previously provided in respect of investigations since 03.06.2011. 2. We would also be interested in any investigations since this date which are not currently on the official register, if you are able to provide this information. Public 13706 30/08/12 27/09/2012 Parking & Car Parks Subject: Civil Enforcement Officers I am researching the role of Civil Enforcement Officers (parking attendants) across London. Under the terms of the Freedom of Information Act I would be grateful if you could give me the following information: How many Civil Enforcement Officers at the council have been the subject of disciplinary procedures since 1 January 2011? Please break this information down by reason for disciplinary action, and outcome of the action. I am particularly interested in researching bribery of parking attendants, so please ensure the break down of reasons covers this category. Organisation 13765 04/09/12 27/09/2012 Planning Subject : Contaminated Land Summary The Council does not hold the information requested. The Council does not directly employ Civil Enforcement Officers therefore we do not hold information in respect of any disciplinary action which may have been undertaken. It may be useful to note that parking enforcement in the London Borough of Newham is carried out by Mouchel whom are the direct employers of the officers carrying out enforcement. Summary Application & Enforcement The Institution of Environmental Sciences is investigating the number of land sites designated as ‘contaminated’ under Part 2A of the Environmental Protection Act (1990) and we would like to request the following information from the council: 1. The total number is 8. 2. The total number is 8. 3. There are currently no sites designated as contaminated land in the borough. 1. The number of sites designated as ‘contaminated’ under Part 2A of the EPA since it’s introduction in 2000 2. The number of sites successfully remediated to date 3. Therefore the current number of sites still designated as ‘contaminated’ within your jurisdictional boundaries. Public 13792 11/09/12 27/09/2012 CCTV Subject : CCTV Summary 1. What is the organisation’s purpose for using CCTV? 2. What are the problems it is meant to address? 3. What are the benefits to be gained from its use? 1. CCTV is used for the purpose of the detection and prevention of crime and to enable the Council to effectively monitor bus lane and parking enforcement. 2. Crime and anti-social behaviour and parking/bus lane contraventions. 4. Is the proposed system established on a proper legal basis and operated in accordance with the law? 5. Is it necessary to address a pressing need, such as public safety, crime prevention or national security? 6. Is it justified in the circumstances? 3. Community reassurance and the detection of crime. 4. Yes, it is operated in accordance with the CCTV Code of Practice issued by the Information Commissioners Office. 5. Yes, staff are tasked to monitor Crime and ASB hot spots that are determined from fortnightly tasking meetings held with our partners and this includes the Police. 6. 7. Is it proportionate to the problem that it is designed to deal with? Public 13769 06/09/12 28/09/2012 Street Scene Enforcement Subject : Law Enforcement Officers As featured in the Newham Magazine (01-07.09.12) pp14, 15: The London Borough of Newham Law Enforcement: How much does it cost the council/public sector/tax payer in 2011/2012 & 2012/2013? Public 13461 02/08/12 29/09/2012 Regeneration Subject : Yes, see response to point 5. 7. Yes, see response to point 5, most CCTV monitoring is tasked to problem areas with reactive monitoring for crime in progress. Summary 1. The cost of the London Borough of Newham’s’ Enforcement and Safety Division for the years 2011/2012 was £25.4 million. 2. The projected cost of the London Borough of Newham’s’ Enforcement and Safety Division for this year 2012/2013 is £20.7 million. Internal Review Response Projects London Pleasure Gardens The Council's web-site announced on the 4th May 2012 that Newham Council would loan £3 million towards the London Pleasure Gardens to be situated on a 15 acre site at the Royal Docks. 1. How much has the Council invested to-date in this project? 2. Of the amount invested to date, is the Council aware of how it has be utilised regarding the project? 3. If so, please supply a breakdown of expenditure todate. 4. Has the Council entered into a partnership deal with London Pleasure Gardens by way of limited liability company, limited liability partnership or any other entity? 5. What are the projected returns on Newham Council's loan? The terms of the £3.3 million loan were as follows: The interest rate was 20%; the Council took a charge over London Pleasure Gardens’ assets and there were personal director’s guarantees. In addition, there was a profit share agreement. However, we maintain the exemption for this information due to commercial sensitivity and affecting other similar negotiations. We accept that there is a public interest in promoting the overall transparency and accountability of the Council and that disclosure would promote public debate. Also, there is likely to be considerable public interest due to the significant amount of public funds involved. These factors, however, must be balanced against any potential damage to the Council’s ability to negotiate commercial deals in future. Whilst noting that the arrangements with London Pleasure Gardens were a unique opportunity, it does not suggest that the Council would not be entering into similar transactions in future. On this basis, we consider that disclosure would adversely affect the Council’s ability to potentially negotiate similar terms with another organisation. The impact would affect the Council’s ability to secure the best commercial term, which would 6. Which council officers (titles, not names) are overseeing the project? not be in the interests of the taxpayer and the general public as a whole. We therefore feel that these factors are weighed more heavily towards the public interest against disclosure. In any event, we consider that the public interest is served by virtue of the information being released with this response and previously. Initial Response 1. The Council has provided a total of £3.3 million by way of commercial loan. 2. The loan was provided to fund London Pleasure Garden’s working capital. This was required to support the cash flow requirements of set up and operational costs incurred, prior to receipt of income from the project. 3. We do not hold this information. 4. No. 5. Information regarding the Council’s deliberations and decisions in relation to this loan are publically available on the Newham website. Please see below the relevant web links to the associated cabinet meeting and report. http://mgov.newham.gov.uk/ieListDocuments.a spx?CId=294&MID=8150#AI39734 http://mgov.newham.gov.uk/ieListDocuments.a spx?CId=294&MID=8151#AI40117 It may be of use to note that further information regarding the debenture can be acquired from Companies House. For your ease of reference, please see the relevant link to the web page below http://www.companieshouse.gov.uk/ The loan was provided by way of a loan agreement which required interest on the loan at commercial rates and a profit share agreement. We consider that the additional information requested in Question 5 to be commercially sensitive and therefore withhold it under Section 43 of the Freedom of Information Act 2000 (FOIA). Under Section 43, information is exempt from disclosure if releasing it would, or would be likely to prejudice the commercial interests of any person (including the public authority holding it). The information requested relates to the contract Heads of Terms between Newham Council and LPG Ltd and the financial returns from a commercial loan agreement. We consider that in disclosing the terms of this financial agreement, including interest rates and returns would be likely to weaken the council’s bargaining position during future contractual negotiations. This could potentially affect the council’s income and budget and essentially, the availability of financial resources for residents and in the delivery of Council services. We therefore consider that disclosure of this information would prejudice the parties operating in a commercial competitive environment. In considering the public interest test the Council has regard to the benefits of maintaining a healthy bidding position during any procurement process, the need to attract a wide range of bidders confident with the way in which the Council would handle their information and how this may affect the Council’s bargaining position during future contractual negotiations. We also consider that disclosure would make it less likely that companies or individuals would provide the local authority with commercially sensitive information in the future and consequently undermine the ability of the local authority to fulfil its public role. We acknowledge that the public interest is served by promoting transparency in the accountability of public funds, ensuring that public money is being used effectively and that the local authority is getting value for money when entering into commercial transactions with companies. On the other hand, however, we recognise and consider that there is a greater public interest in maintaining confidentiality and protecting commercially sensitive information, release of which could damage commercial interests, including the local authorities. As such, we consider that maintaining the exemption outweighs the public interest in disclosure. 6. The project has been overseen by the following senior officers Executive Director Regeneration, Executive Director - Resources and Commercial Development, Project Manager LPG, Director of Legal People and Change and the Director of Finance. They received technical advice from Navigant and Trowers and Hamlins.