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Hi Stewart
I had a similar issue a few years ago and the people who made statements were told that this would be in confidence. You have to consider whether this would go to Industrial Tribunal and if so, like any Court, would the statements not then be made available. Surely a person has rights here and must be able to defend any allegations against them and would the individual not know anyway who was making the allegations. You could also approach the people who made the allegations and explain the situation - you never know they may consent anyway.
Dor
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
-----Original Message-----
From: Turner8 [SMTP:[log in to unmask]]
Sent: 28 July 2004 09:32
To: [log in to unmask]
Subject: SAR
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I have had a SAR from an individual involved in a harrassment case.
The request mentions 4 items:
1 - A copy of the letter in which a member of staff made the allegation of harrassment against this individual and others (I have not seen the letter but it is my understanding that the identity of the other named individuals would be obvious even if they were blanked out).
2 - Any other documents relating to the allegation or the investigation into them, including a report on proceedings or conclusions drawn.
3 - A list of all people who have had access to these documents.
4 - The report by the investigating officers.
My initial feeling is:
1 should be ok but only to send extracts of the letter which refer to the individual, and only if other individuals are not identifiable.
2 may include some documentation which might come under the negotiation exemption, but it's unlikely.
I don't believe that 3 is a DPA issue at all.
4 is likely to be allowable.
The paper documentation is kept in a case file, which contains information about all the accusees in a roughly chronological order, so may be not a relevant filing system (an irrelevant filing system?!). Some of the documentation (emails, etc.) will exist in electronic form.
Any thoughts?
Stewart.
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