Using the Freedom of Information Act I asked for details of how the decision to erect height barriers was taken. You'll remember that the council spokesman said the decision was made by senior management and police. The council did not provide this information. To comply with the FoI procedure it is compelled to tell me that it either does or does not have the information; if it does not wish to disclose it then it has a number of excuses it can use, cost for example, or other economic considerations. And other reasons too. The council didn't use any of the excuses it could have used; it simply failed to disclose. It did, however, give details of how the decision would be implemented. Quite a different question. I asked how they made it; they answered how they would implement it.
I haven't complained. Because, perhaps inadvertently, they gave me the information I was trying to obtain which is to find out who the specific target for the barriers is. I got the information I wanted and it might be useful in the future that they failed to comply with the FoI Act.
In addition to the summary of how the barriers were to be activated I also received two copy emails from the (Joint) Chief Executive at the time. Both important, I attach one detailing who the target is. The word target is used – interestingly.
An ethnic minority is the target. Unlawful discrimination. The barriers will be activated as soon as one or two vans with travellers are spotted. How they will know it's not just us I don't know. In the other email we are called
legitimate users. Interestingly the email also mentions a letter from the police which was later withdrawn. I've asked for a copy of the letter and of whatever communication was used to withdraw it. I expect to find they will both have been lost. My suspicion is that the police became aware that the council was about to act illegally and withdrew their cooperation.
Up to now we had only the original email of a few weeks ago as proof; now we have indisputable proof obtained under the FoI.
Like it or not, Governments must abide by the law. I've complained to the council and the council will, I guess, now go through their complaints procedure stringing out a reply for as long as they feel able to delay it but their eventual reply will be very interesting.
The author of the emails = Nick Baker – later left his post with a £388,000 Golden Goodbye. Reasons not specified.
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