10 February 2023
Your request
My request concerns the Devizes to Westminster Canoe Race ("the DW"), and specifically any information provided by the organisers of this event to you in order for you to approve the race, which finishes in Lambeth at St Thomas's Hospital. I have included below the organisers description of what they submit to Councils in case this is helpful. The race this year is on 7-10 April 2023.
If you retain the similar pack submitted to you in 2019 I would be grateful to receive this as well.
"Communication with every Local Authority/Borough Safety Advisory Group along the course to advise them that the race will pass through their area of control and requesting that they recommend to each of the respective Local Authorities/Boroughs that they grant approval to hold the event. The information packs sent out demonstrate our ability and capability to run an event with a total of over 1500 people engaged in a safe and secure manner and included draft risk assessments, contingency plans, site maps, evacuation plans and a comprehensive set of event information sheets. "
Finally, if you received a copy of a report by the Port of London Authority (PLA) into the fatal accident of Tim Jones while participated in this event on 22 April 2019 I request this as well.
Our response
Please see attached documents and note that this is all the information that Lambeth Council holds on Devizes race. Please note that personal data has been 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 this request asks for 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 information about officer names and contact details, 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 this request; 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 request.
Under FOI Section 1(1) any person making a request for information to a public authority is entitled (a) to be informed in writing by the public authority whether it holds information of the description specified in the request (b) if that is the case, to have that information communicated to them.
I am advised by my colleagues that Lambeth Council does not hold a copy of the report by the Port of London Authority (PLA) into the fatal accident of Tim Jones while participating in this event on 22 April 2019 and consequently, the answer to Section 1(1)(a) is no and thus our further duty under 1(1)(b) does not arise on this occasion for this part of the request.