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Tuesday, 5 May 2015

Knowle relocation project: Breaking news >>>>>>>>>>>> FOI request goes to Tribunal: District Council loses appeal

The Information Tribunal has been considering the case over whether or not to publish documents on the Knowle relocation project:
Futures Forum: Knowle relocation project: and 'unresolved issues'
Futures Forum: Knowle relocation project: FOI request goes to tribunal...... a similar case...
Futures Forum: Knowle relocation project: FOI request goes to tribunal: further information

The full Council voted to sell the Knowle site - without access to these documents:
Futures Forum: Knowle relocation project: deciding to sell >>> Full Council: Wednesday 25th March
Futures Forum: Knowle relocation project: the story so far

The Tribunal has now issued its decision, which can be found on their website, by typing in case number EA/2014/0072:
Information Tribunal > Search
www.informationtribunal.gov.uk/DBFiles/Decision/i1540/East Devon District Council EA.2014.0072 (05.05.2015).pdf

The story has hit the Herald's webpages:

BREAKING: EDDC told to publish relocation documents

18:40 05 May 2015

EDDC's Knowle HQ. Ref shs 7705-15-12SH Picture: Simon Horn
A court has ordered the district council to release confidential documents relating to its controversial relocation project.
In March 2014, East Devon District Council (EDDC) was ordered by the Information Commissioner to publish progress reports given to behind-closed-doors working group meetings on the authority’s proposed move from Sidmouth.
The council chose to appeal the decision rather than release the documents.
The appeal was heard by a tribunal at Exeter Magistrates’ Court in August 2014.
In a decision published today (Tuesday), the tribunal ordered the council to publish a redacted version of the reports.
The judge in the case also took the ‘unusual and unfortunate step’ of criticising the council’s conduct during the appeal, which he described as ‘discourteous and unhelpful’ at times.
Before any documents are published, EDDC can choose to apply to appeal the decision of the tribunal.
See the full story in Friday’s Herald.
BREAKING: EDDC told to publish relocation documents - News - Sidmouth Herald

The East Devon Watch website carries the closing paragraph of the Tribunal judge's decision:

EDDC LOSES ITS APPEAL TO KEEP KNOWLE RELOCATION REPORTS SECRET WITH SCATHING COMMENTARY ON COUNCIL’S BEHAVIOUR!

5th May 2015
“31 This Tribunal takes the unusual and unfortunate step of commenting on the con- duct of the appeal itself.

We are unanimous in our view that this appeal has taken much longer than it should have done and the reason for this seems to be the failure on the part of the public authority, the appellant, to address itself with sufficient attention to the details of what information and documents it was sup- plying to the Commissioner and ultimately also to the Tribunal.
It was not until March 2015 that a fully legible copy of the disputed information was supplied and seemed to be complete. This is, in our collective experience, wholly exceptional and the time spent dealing with what we believe to be five different sets of disputed information is simply not a good use of the Tribunal’s time nor fair, in terms of delay, to the requester.
Correspondence on behalf of the Council, rather than ensuring the Tribunal was assisted in its function, was at times discourteous and unhelpful including the statement that we had the most legible copies possible. A statement, which was clearly inaccurate as subsequently, we have been provided with perfectly legible documents.

We believe this appeal could and should have been dealt with completely at the hearing in August 2014 and the decision promulgated six months ago had the Council discharged its responsibilities properly”
EDDC loses its appeal to keep Knowle relocation reports secret with scathing commentary on Council’s behaviour! | East Devon Watch

For some context, see:
Transparency vs. Secrecy | East Devon Alliance
Knowle Relocation | East Devon Alliance
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