Open, Helpful and Transparent
The Scottish Information Commissioner has released another decision which involves South Lanarkshire Council - this time over the council's 'in-house' job evaluation scheme.
In September 2009, I asked the council to explain why South Lanarkshire did not adopt the job evaluation scheme - nationally approved and recommended by the trade unions and the Scottish employers.
Initially, the council said that my request was vexatious - a response that was given short shrift by the Scottish Information Commissioner - but had the effect of delaying the process which is clearly what the council intended.
The ball went back and forward a couple more times - until I finally registered an appeal with the Scottish Information Commissioner - and here's what came to light during their investigation:
Para 17.
Some of the minutes and reports retrieved by the Council and supplied to the Commissioner record steps taken in relation to the adoption and implementation of the 555 JES (Job Evaluation Scheme) throughout the council. As the Council stated, they do not provide specific reasons why the Council did not adopt the nationally recommmended COSLA JES. However, in documenting the development and introduction of the 555 JES, the information in these minutes and reports provides a context within which the development and adoption of the 555 JES can be better understood, and which may help to explain why there is no record of any decision not to adopt the COSLA JES.
Para 18.
Section 15 (1) of FOISA requires a Scottish public authority to provide reasonable advice and assistance to a person who proposes to make, or has made, a request for information to it. In this case, the commissioner believes it would have been reasonable for the Council to advise Mr Irvine that, although the specific information he had requested was not held (i.e. the reasons for not adopting the COSLA JES), the minutes and reports identified in its searches might go some way towards explaining why the Council was content to adopt the 555 JES. In failing to advise Mr Irvine of the existence of such information, the Commissioner considers that the Council failed to comply with section 15 (1) of FOISA.
In other words that South Lanarkshire Council failed to live up to its obligations - again - see post dated 18 March 2011: 'Colonel Gaddafi in Disguise'.
The Commissioner's decision goes on to say that no further action was required on the part of the council - because by that time I had submitted a new FOI request.
But it does shine a bright light on South Lanarkshire Council's behaviour - and its attitude towards freedom of information.
Closed, unhelpful and secretive - are the words that spring to mind - on this and on previous occasions.
Yet the council is required to be open, helpful and transparent - under the Freedom of Information (Scotland) Act 2002.
In September 2009, I asked the council to explain why South Lanarkshire did not adopt the job evaluation scheme - nationally approved and recommended by the trade unions and the Scottish employers.
Initially, the council said that my request was vexatious - a response that was given short shrift by the Scottish Information Commissioner - but had the effect of delaying the process which is clearly what the council intended.
The ball went back and forward a couple more times - until I finally registered an appeal with the Scottish Information Commissioner - and here's what came to light during their investigation:
Para 17.
Some of the minutes and reports retrieved by the Council and supplied to the Commissioner record steps taken in relation to the adoption and implementation of the 555 JES (Job Evaluation Scheme) throughout the council. As the Council stated, they do not provide specific reasons why the Council did not adopt the nationally recommmended COSLA JES. However, in documenting the development and introduction of the 555 JES, the information in these minutes and reports provides a context within which the development and adoption of the 555 JES can be better understood, and which may help to explain why there is no record of any decision not to adopt the COSLA JES.
Para 18.
Section 15 (1) of FOISA requires a Scottish public authority to provide reasonable advice and assistance to a person who proposes to make, or has made, a request for information to it. In this case, the commissioner believes it would have been reasonable for the Council to advise Mr Irvine that, although the specific information he had requested was not held (i.e. the reasons for not adopting the COSLA JES), the minutes and reports identified in its searches might go some way towards explaining why the Council was content to adopt the 555 JES. In failing to advise Mr Irvine of the existence of such information, the Commissioner considers that the Council failed to comply with section 15 (1) of FOISA.
In other words that South Lanarkshire Council failed to live up to its obligations - again - see post dated 18 March 2011: 'Colonel Gaddafi in Disguise'.
The Commissioner's decision goes on to say that no further action was required on the part of the council - because by that time I had submitted a new FOI request.
But it does shine a bright light on South Lanarkshire Council's behaviour - and its attitude towards freedom of information.
Closed, unhelpful and secretive - are the words that spring to mind - on this and on previous occasions.
Yet the council is required to be open, helpful and transparent - under the Freedom of Information (Scotland) Act 2002.
