Review of 101003217212 Correspondence Lord Lieutenant Moray with HRFCA
Request 101003228270
Review of 101003217212 Correspondence Lord Lieutenant Moray with HRFCA
Please can you check all correspondence as per the request, which has gone from @moray.gov.uk emails and under the auspices of Moray Council staff- an authority in Schedule 1 of FOISA and a public authority whose resource is paid, including email platforms, using public funds.
Can I also ask if the initial request and response will appear on the Moray FOI log. And can I ask why the CEO and CEO office is responding and not the FOI officer, especially in light of FOI applicant blind principles- those appear not to have been adhered to in this case with now at least three officers beyond the FOI officer being passed my name as an FOIer?
Response 08-02-2023
Thank you for your review request concerning 101003217212 Correspondence Lord Lieutenant Moray with HRFCA dated 2023-02-01. This has been dealt with under the Freedom of Information (Scotland) Act 2002.
Following your request for a review, our ref 101003228270, a review meeting of Freedom of Information (Scotland) Request (FOI request) 101003217212 - Correspondence Lord Lieutenant Moray with HRFCA, was held on 7th February 2023. In attendance were Secretary Members Support, Solicitor Licensing and Regulatory, Information Governance Manager & DPO, and Information Co-ordinator.
The Council's response to your original FOI request received 13/12/2022 was discussed.
The following was found:
1) Whilst there is an email address ending @moray.gov.uk that is connected to the Lord Lieutenant, this email address is solely held on behalf of the Lord Lieutenant(s). The information contained in it does not belong to Moray Council. As per our original response (available here: http://www.moray.gov.uk/moray_standard/page_146371.html) Lord Lieutenants are not included in the list of public bodies within Schedule 1 to the Freedom of Information (Scotland) Act 2002, as such they are not subject to the legislation. Accordingly, we were and still are unable to provide you with a response to your request.
Furthermore, in order to be helpful we can provide the following:
2) We can confirm that Mr Burns is the Clerk to the Lieutenancy of Moray. Please note that this role is separate from Mr Burns' role as Chief Executive of Moray Council.
3) We confirm that Moray Council adheres to legislation as per Freedom of Information (Scotland) Act 2002. In order to be helpful and transparent most FOI requests are published on the Council website, however, any personal information either within an FOI request, or information about the requestor, is not published. Names of requesters are shared with the respective departments the information is requested from; this is in order to help them locate the relevant information and coordinate their efforts.