Battle to get secret draft report
May 14 Coun Tony Sutton (TS) wrote to Carole Mills-Evans, director of resources, and asked four questions about the cost of the project, who commissioned it, what the outcome was, and why it had not been circulated to councillors.
June 13 Glen O'Connell (GO'C), the city council legal officer, commissioned legal advice from a barrister about the four questions from TS.
June 27 GO'C responded to the four questions from TS. The report was commissioned from Hardmoor Associates at a cost of £27,025 and a draft report was prepared, which was only seen by then deputy chief executive Adrienne Roberts and council leader Jon Collins.
June 29 TS requested a copy of the draft report, copies of correspondence with Hardmoor Associates, copies of correspondence between the city council and barrister on this matter, and copies of legal advice received.
July 7 GO'C replied stating he does not believe the draft report will be issued under the Freedom of Information Act, because it is not in the public interest. He said under Common Law, TS may have a 'right to know' the content of the document but he must first demonstrate how its contents (which he had not seen) will assist him in his duties. G'OC refused to release other correspondence.
July 10 TS wrote to G'OC detailing his 'right to know'. His argument included his position as an opposition spokesman on the Executive Board, his membership of the Appointments and Conditions of Service committee, and role as the deputy leader of the Liberal Democrats, in light of sustained criticism of Nottingham City Council's performance in relation to culture and relationships within the organisation.
July 25 GO'C commissioned legal advice from a barrister on the new request from TS.
September 14 GO'C wrote to TS to say legal advice supported his view that the councillor cannot see the document under the FOI Act. He did not say what view the barrister had given on the arguments put forward by TS supporting his 'right to know', but he added that in consultation with the new chief executive Jane Todd, he had decided Coun Sutton did not need to see the document to carry out his duties as a councillor
September 15 TS filed a request for the document and associated correspondence, including legal advice, under the FOI Act.
October 13 A response was due to the FOI request but the city council's information officer requested an extension of deadline to November 2
November 2 The information officer wrote to say that he has had to refer the request to the council's legal officer, Glen O'Connell. "Unfortunately this has caused further delay," wrote the officer.
January 6 Nottingham City Council refused Coun Sutton's request to correspondence relating to the draft report by Hardmoor Associates and associated documentation and legal advice. In a letter to TS, it was explained a senior council officer had rejected the request for correspondence on the grounds that: "The information is highly sensitive and goes to the core of the management of the authority."
February 5, 2009 City council wrote to Coun Sutton to apologise for further delays in making a decision on his appeal against the authority's decision to refuse his FOI request
February 13, 2009 Progress on Annual Governance Statement: The city council claims it has made "an appreciable improvement in senior member and officer relationships" with a clearer understanding of roles and responsibilities for officers and members.
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