Room 17, Town Hall
Upper Street
Islington
N1 2UD
T 020 7527 8894
F 020 7527 2747
E
By email:
DearMs Spence
Freedom of Information Act Complaint – [Ref. 2141]
Further to your email dated 27 April 2011 in which you requested an internal review into the Council’s handling of your Freedom of Information request.
1. Your request for information
On 30 March 2011 you made a Freedom of Information request, which the council responded to on the 27 April 2011. The original questions from your request and the associated response are attached as AppendixA.
2. Your complaint
On 27 April 2011 you made a complaint about the response made to you, a copy of your original complaint is attached as Appendix B.
3. History
Process issues
The council processed the response to your information request in 18working days, within the standard compliance period. The request was formally acknowledged and givena reference number on 31 March 2011. The council is satisfied that it carried out an effective and compliant process in responding to your request.
The response made
I have reviewed thepreviousFreedom of Information response made to you and your complaint. In your original request you asked 17 questions regarding Common Purpose. The council did not apply any exemptions in their response to you.
3. Review of your complaint
I have sought to clarify the points that you raised in your complaint below:
1.1The Invoice number, purchase order and all references to dates of invoice, delivery and payment.
The purchase orders and details of date of payment are not included.
For each invoice, could you please provide the purchase orders and payment dates.
I have listed the required information under each invoice number.
AV0470
Purchase Order number: No purchase order was requested.
Payment date: May 2009
BO0507
Purchase Order number: No purchase order was requested
Payment date: 7 October 2010
BO0422
Purchase Order number: No purchase order was requested.
Payment date: 24 November 2009
BO0358
Purchase Order number: No purchase order was sent, they were paid by cheque which cleared their accounts.
Payment date: 20 May 2009
AVQ695
Purchase Order number: No purchase order was requested.
Payment date: April 2010
AV0578
Purchase Order number: No purchase order was sent, they were paid by cheque which cleared their accounts.
Payment date: 25 November 2009
AV0506
Purchase Order number: No purchase order was sent, they were paid by cheque which cleared their accounts.
Payment date: 23 July 2009
1.3 The name and job title of the person who authorised payment, and the department to which the invoice was charged. Unfortunately, the person who authorised payment is not identified. For each invoice, could you please identify who authorised payment?
AV0470
Payment authorised by: Jill Ellenby, Service Manager for Residential Environmental Health
Department invoice was charged to: Public Protection.
BO0507
Payment authorised by: Jill Ellenby,Service Manager for Residential Environmental Health
Department invoice was charged to: Public Protection.
BO0422
Payment authorised by: Rod Maples, 14-19 Curriculum Manager (no longer works for the council)
Department invoice was charged to: Young People’s Division
BO0358
Payment authorised by: Lela Kogbara, Director Regeneration, Strategy and Partnerships
Department invoice was charged to: Corporate Resources
AVQ695
Payment authorised by: Thanos Morphitis, Director of Strategy and Commissioning
Department invoice was charged to: Children’s Services
AV0578
Payment authorised by: Kevin Lloyd, Director of Strategy & Policy (no longer works for the council)
Department invoice was charged to: Corporate Resources
AV0506
Payment authorised by: Lela Kogbara, Director Regeneration, Strategy and Partnerships
Department invoice was charged to: Corporate Resources
1.5 The email exchanges between Islington Borough Council and Common Purpose pursuant to the procurement, placement, and payment You said: "The spend is below the procurement threshold" This answer does not provide the information requested. Please provide all emails associated with the provision of the services, from concept to completion.
We have not been able to find any emails in relation to the specific invoices that were queried however attach two emails regarding the council’s current use of Common Purpose that may be of interest.
2.1 The name and job title of the person who proposed the officer to attend the course, or group to attend the event.
The person who proposed the officer to attend the course is not identified.
For each invoice, could you please identify who proposed the officer to attend the course, (or who prompted the officer to ask to attend the course)
AV0470
John Foster, Chief Executive (retired) and Bob Gilbert, Service Director for Environmental Sustainability (retired).
BO0507
Jan Hart, Service Manager and Jill Ellenby
BO0422
Jim Porteous, 14-19 Partnership Manager (no longer works for Islington Council)
BO0358
Lela Kogbara, Director Regeneration, Strategy and Partnerships
AVQ695
Thanos Morphitis, Director of Strategy and Commissioning
AV0578
Alanna Coombes, Senior Policy Manager (no longer works for Islington Council)
AV0506
Lela Kogbara, Director Regeneration, Strategy and Partnerships
2.2 The minutes of the Common Purpose meeting that approved the application of the officer for the course, or promoted the event, or service
You said: "This information is not available, such meetings are not minuted."
This statement is not consistent with information received from other authorities.
What is being sought is whether or not Islington Council is allowing Common Purpose to unlawfully bypass its democratic mechanisms and also avoid financial scrutiny.
In addition, the Common Purpose website has documents making it absolutely clear that it is Common Purpose who decide who will go on their courses, process the applications, and advising its members that some local authorities attempt to make the decisions.
Please review your answer to this question. 'Not available' is not a valid response in terms of the FoIA. Please obtain and send all minutes of Common Purpose meetings, including the local Advisory Board, for the period for this FoI request applies.
Islington Council does not hold any minutes from meetings at which applications to Common Purposes were either discussed or promoted. The course would be raised during appraisals or in monthly supervision with the staff member. These documents are personal and would be exempt from disclosure under Section 40 of the Freedom of Information Act 2000. Section 40 is an absolute exemption and does not require a public interest test to be carried out.
The manager proposing the staff member would then discuss this with senior management to agree who should attend the programme. The applicant would then apply to Common Purpose who decide whether to accept the application. Islington Council do not have access to the decision making process that Common Purpose carry out and are not, therefore, able to disclose this.
3.1 Demonstration of the benefit to the Ratepayer of the Council accrued consequent upon attendance of the officer on the course You said: "We are not able to provide a response as this information is not available."
Please review this response.
It is a statutory requirement that taxpayers' money must be used for the benefit of the taxpayer, and that the local authority must be able to demonstrate financial probity - in this case by having identified the benefit to the taxpayer, in the absence of which evidence, there would be reasonable suspicion that the expenditure was unlawful.
With learning and development of this sort, it is not always possible to provide evidence of a direct relationship between the course or service and improvements in performance. Nonetheless, the majority of individuals have progressed to more senior roles with on-going responsibilities for effecting change within the public sector.
For example:
One of the main elements of the Common Purpose course was effecting change in a dynamic environment, and therefore was directly relevant to the responsibilities. This has been achieved through:
- Increased responsibilities for complex stakeholder management and change work.
- Leading on a number of corporate change projects.
- A new project was set up and funded to work with the elderly and vulnerable living in rented accommodation to improve safety within their accommodation.
Thank you for this reply. As a supplementary question, please identify how Common Purpose became a training supplier, i.e. how Common Purpose approached Islington Council, who did Common Purpose approach, when, and what agreement or understanding ensued?
(It is a matter of public record that Sarah Ebanja is / was a Common Purpose advisor and was also the Lead Chief Officer of Islington in 2001, which is when expenditure of Common Purpose started, see FOI 193954
Common Purpose is a major organisation providing these schemes across the country. It is used by private, public and voluntary sector and brings promising leaders together to develop their potential. Islington has had association with it for many years - predating 2001. There is no contract or understanding to place people on their courses and therefore we are not able to provide a contract or an agreement.
4.1 Identify the officers who currently are, or who have been, on the Local Advisory Board of Common Purpose for the period given above
You said: 'We do not have any staff members on their Local Advisory Board.'
You have not answered the phrase: " or who have been ". Could you please review your answer, providing details of present or past employees who were on the Local Advisory Board.
The council has conducted a thorough search and we are unable to ascertain whether we had anyone on the Local Advisory Board of Common Purpose. Islington Council do not currently have a representative on the Local Advisory Board of Common Purpose.
5. Where there were joint payees, i.e. for projects or events involving schoolchildren, include the details of the contributors. You said: "Not applicable, there have been no joint payees." Please review this response. For example, see (see page 3)
Please provide all details, with invoices as appropriate, for all similar Common Purpose events provided to Islington Council.
The council has carried out a thorough search and the council is not aware of any joint payees for Common Purpose events provided to Islington Council.
Supplementary questions.
1. Is it acceptable that, on invoices AV0470 and BO 0507, the officer contact for Common Purpose for the invoice (and therefore potentially the authoriser) is the same person as the recipient of the services provided by Common Purpose?
Our financial system prevents a member of staff that submits an invoice to also be responsible for authorising it. In addition, the manager of the member of staff concerned would have agreed to any training request prior to it being booked.
2. Please provide the relevant details from the Register of Interests where those involved with Common Purpose in any capacity has declared their interest.
There are no records of declarations of interest in "Common Purpose" within the Register of Interests.
4. Conclusion
I would like to apologise for the severe delay in providing a response to your complaint.
I have reviewed the responses provided to you in your original Freedom of Information request and I have attempted to seek clarification from the service areas as you requested. I have outlined their responses above. I am aware that we have not provided full answers to some of the questions, however we are unable to provide the information that you are seeking as we do not hold it.
I am sorry that you found your original response unsatisfactory and I hope that this now satisfies your request for information.
If you have a complaint regarding this response to the complaint you raised you are entitled to complain to the Information Commissioner's Office, at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone: 01625 545 700. Web:
Yours sincerely,
Leila Ridley
Information Compliance Manager
Corporate Resources - Technology Solutions Group
Islington Council
Room G17, Town Hall, Upper Street, LondonN1 2UD
Email:
Web:
If you would like this document in large print or Braille, audiotape or in another language, please telephone 020 7527 2000.
Appendix A: Original response to the Freedom of Information request
Dear Ms SpenceFREEDOM OF INFORMATION REQUEST REF No: 372759
Thank you for your information request, received on 28 March. I note that you have sent an email today stating that we are not compliant with your request, the Council has 20 working days in which to respond to your request for information. Taking the bank holidays into account we are still within the statutory timeframe as today is the 20th working day.
In your request, you asked us:
Please provide unredacted copies of invoices for Common Purpose, for example including but not limited to: 'training', 'events', 'design' or 'consultancy' or 'contribution' for the period 1 April 2009 to 31 March 2011:
1. For each invoice please ensure the provision of, where applicable:
1.1 The Invoice number, purchase order and all references to dates of invoice, delivery and payment
1.2 The full name and job title of the beneficiary, or identification of the group, as applicable
1.3 The name and job title of the person who authorised payment, and the department to which the invoice was charged
1.4 The description of the product or service provided, including whether classified as a donation, contribution, etc.
1.4 The email exchanges between Islington Borough Council and Common Purpose pursuant to the procurement, placement, and payment 2. For each beneficiary or group:
2.1 The name and job title of the person who proposed the officer to attend the course, or group to attend the event
2.2 The minutes of the Common Purpose meeting that approved the application of the officer for the course, or promoted the event, or service 3. For each course, service or event, etc:
3.1 Demonstration of the benefit to the Ratepayer of the Council accrued consequent upon attendance of the officer on the course
3.2 Copy of the policy document identifying Common Purpose as the approved training supplier, or service provider, in turn endorsed by the Elected Members
3.3 Demonstration of Best Value, i.e. that the training was put out to tender 4. Relationship with Common Purpose
4.1 Identify the officers who currently are, or who have been, on the Local Advisory Board of Common Purpose for the period given above
4.2 Identify the cost, with details, to Islington Borough Council, if any, for hosting events, providing attendance at meetings, giving presentations, etc, identifying the officer and job title in each case 5. Where there were joint payees, i.e. for projects or events involving schoolchildren, include the details of the contributors.
I have consulted the relevant departments and can provide the following response:
1. For each invoice please ensure the provision of, where applicable:
1.1 The Invoice number, purchase order and all references to dates of invoice, delivery and payment
Response:
Please see attached invoices.
1.2 The full name and job title of the beneficiary, or identification of the group, as applicable
Response:
Please see attached invoices.
1.3 The name and job title of the person who authorised payment, and the department to which the invoice was charged.
Response:
Please see attached invoices.
1.4 The description of the product or service provided, including whether classified as a donation, contribution, etc.
Response:
Please see attached invoices.
1.5 The email exchanges between Islington Borough Council and Common Purpose pursuant to the procurement, placement, and payment
Response:
The spend is below the procurement threshold (see 3.3 for more information).
2. For each beneficiary or group:
2.1 The name and job title of the person who proposed the officer to attend the course, or group to attend the event
Response:
Please see attached invoices.
2.2 The minutes of the Common Purpose meeting that approved the application of the officer for the course, or promoted the event, or service
Response:
This information is not available, such meetings are not minuted.
3. For each course, service or event, etc:
3.1 Demonstration of the benefit to the Ratepayer of the Council accrued consequent upon attendance of the officer on the course
Response:
We are not able to provide a response as this information is not available.
3.2 Copy of the policy document identifying Common Purpose as the approved training supplier, or service provider, in turn endorsed by the Elected Members
Response:
We do not have a specific policy identifying that Common Purpose are the approved training supplier, or service provider, the spend is too low to require members approval (members only approved contracts with spend over £500,000).
3.3 Demonstration of Best Value, i.e. that the training was put out to tender
Response:
We only need to put contracts out to Tender when they value £100k or more. Here is a link to the procurement rules and specifically page 4
4. Relationship with Common Purpose
4.1 Identify the officers who currently are, or who have been, on the Local Advisory Board of Common Purpose for the period given above
Response:
We do not have any staff members on their Local Advisory Board.
4.2 Identify the cost, with details, to Islington Borough Council, if any, for hosting events, providing attendance at meetings, giving presentations, etc, identifying the officer and job title in each case
Response:
There are no costs.
5. Where there were joint payees, i.e. for projects or events involving schoolchildren, include the details of the contributors.
Response:
Not applicable, there have been no joint payees.
Appendix B: Complaint relating to the Freedom of Information request