Rochdale Online View: Council Communications Department scheming

Rochdale Riverside

Once again it has taken the intervention of the Information Commissioners Office before the Council was prepared to answer a simple Freedom of Information (FOI) request.

Suspecting that the Communications Department had intentionally not sent images to Rochdale Online they knew to be very newsworthy ('First glimpse of latest Rochdale Riverside images'), despite sending them to our out of town competitors, we sent a FOI request for a list of the organisations the images had been sent to and at what time/date.

Danny Brierley, Rochdale Council Head of Communications, replied with the most ludicrous reason for denying a Freedom of Information request Rochdale Online has ever had from any organisation, citing a Section 21 exemption on the grounds the information requested could be found on Google News - it of course could not!

As required by the FOI Act an appeal was sent to the Council - in our experience a pointless waste of time - and in due course, as expected, the appeal was denied.

We appealed to the Information Commissioners Office (ICO) and eight months later, when the ICO actioned our appeal, lo and behold the Council Communications Department finally acquiesced and answered the question.

The answer made clear the reason for Mr Brierley's truculent initial refusal to answer, it confirmed the images had been sent to news organisations in Oldham and Manchester and further afield but not the only Rochdale-based news organisation.

The Commissioner issued a decision notice that the Council breached section 10 of the Freedom of Information Act.

Freedom of Information request timeline

23 November 2016 - the request was denied

I can confirm that we do hold the information you have requested, however, this information is already reasonably accessible elsewhere, therefore we are exempting your request under Section 21 of the Freedom of Information Act.

You are able to access this information by conducting internet searches, ie through Google News.


24 November 2016 - the following appeal was sent

The refusal on the grounds the information requested can be found via a Google news search is ludicrous. Firstly, Google does not index all web pages and secondly the news release will have been distributed to, and published by, print titles and to our certain knowledge Google is unable to index print pages.

The Council holds the information and can provide it, it should do so and stop Mr Brierley being deliberately obstructive.


20 December 2016 - the appeal was turned down

The service has confirmed that a Google search provides the information that you have requested. Therefore, as this information is already accessible in the Public Domain, Section 21 exemption is engaged.


16 August 2017 - the Council finally answers the question after ICO intervention

Rochdale Borough Council are [sic] happy to revise the initial response provided, and provide you with the following information:

17 October 2016 at 10.20am
Estates Gazette
Retail Week
Place North West
The Business Desk
Drapers
Manchester Evening News
North West Business Insider

17 October 2016 5.17pm
Oldham Chronicle

22 October 2016 5.19pm
Architects’ Journal