Request for Kildoran Road play area maintenance records

22 August 2023

Your request

[referencing Kildoran Road play area]

I would also like to make a separate request under the Freedom of information Act for a copy of the park maintenance and inspection records over the last three financial years (FY21/22, 22/23, 23/24) including details of:

1. maintenance carried out to the park;

2. refuse collection dates;

3. inspection records.

Our response

  1. Quarterly Inspections were carried out on:
    • 15/04/2021
    • 28/10/2021
    • 21/01/2022
    • 27/04/2022
    • 01/11/2022
    • 30/01/2023
    • 02/05/2023

Annual inspections were carried out on:

  • 01/07/2021
  • 21/08/2022

2. The Serco contract is an output specification so there are no scheduled collection dates that can be provided, however they are contracted to empty the litter bins as and when required.

3. Please see attached and note that personal details are redacted as we consider disclosure would breach the Data Protection Act 2018 and therefore engage Section 40(2): Personal Data to this request.

The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-

(2)“Personal data” means any information relating to an identified or identifiable living individual

(3)“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—

(a)an identifier such as a name, an identification number, location data or an online identifier, or

(b)one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.

We note these documents contain information which would allow an individual(s) to be identified.

I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.

In this case, I can confirm that it would not be fair to the individuals to disclose officer names as it could cause distress to the individuals.

I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to your requst, I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.

In accordance with Section 17 FOIA this letter represents a Refusal Notice for this information.