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Leicester City Council Race Relations 2

From: derrick_lynch@hotmail.co.uk

To: info.requests@leicester.gov.uk

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Subject: Leicester City Council Race Relations Internal Review Response 7990, FOIA Appeal 8090 Response

Date: Thu, 2 Jul 2015 11:48:52 +0100

Dear Kamal Adatia, City Barrister & Head of Standards,

Thank you for your reply.

You wrote:

“This was set out in our previous response, where we also provided you with a copy of the equality monitoring form which includes ethnic backgrounds. The Equality and Human Rights Commission in its statutory code of practice state, paragraph 2.29, “The Act defines ‘race’ as including colour, nationality and ethnic or national origins.” Therefore, the ethnic category section of our monitoring form is relevant for the monitoring and consideration of race.”

Thank you, Kamal Adatia, for the information about ethnicity but you have failed to provide any information about ‘Race’.

1. Where exactly are the Race categories that the Leicester City Council use?

2. What are the Race categories that the Leicester City Council use?

3. How many Races are in the Race categories that the Leicester City Council use?

4. Where are the reports about the Race categories that the Leicester City Council use?

5. Can you please list the Races in the Race categories that the Leicester City Council use?

You wrote:

“Ms Wyeth, in her role as Information Governance Manager was responsible for merely sending out the information to yourself in response to your Freedom of Information request, and is in no way responsible for deciding which monitoring categories are used by the Council. To imply that a member of Council staff could be racist, or could be a white supremacist, with absolutely no evidence whatsoever, is grossly unfair to that individual, as is asking personal questions about their ethnicity and colour . . . . .”

6. What evidence do you, Kamal Adatia, have to prove that Lynn Wyeth is not a White Supremacist?

7. What evidence do you, Kamal Adatia, have to prove that Lynn Wyeth is not a Racist?

You wrote:

“Any such personal attacks in future could be considered vexatious under section 14 of the Freedom of Information Act.”

8. Are you, Kamal Adatia, stating that the questions I asked were personal attacks?

9. Are you, Kamal Adatia, accusing me of making personal attacks on suspect White Supremacist members of staff at Leicester City Council?

You, Kamal Adatia, could be a victim of White Supremacists. There is no way for me to know whether you, Kamal Adatia, are a victim of White Supremacists unless I ask you and observe your response. I cannot afford to take the risk of assuming that you, Kamal Adatia, are not a victim of Racism. That is why I must ask and observe your response. It is very relevant to know if you, Kamal Adatia, are a victim of Racism when making an inquiry about Race Relations in Leicester City Council and the way Race Relations impacts the management of the people in Leicester City Council. Can you understand that?

1. Are you, Kamal Adatia, a Non-white person? Yes or No?

2. Are you, Kamal Adatia, an Arab person? Yes or No?

3. Are you, Kamal Adatia, a victim of Racism? Yes or No?

3. Are you, Kamal Adatia, a Muslim? Yes or No?

I am sorry if you feel that I am making a public example of you, Kamal Adatia, Head of Standards, but it is necessary for the public good and to teach you a lesson in Racial Equality as I have the moral high ground.

I look forward to your reply on these deadly serious issues.

King regards

Derrick Lynch, Black, IC3, B9, BEUR

___________________________________________

Please ask for:Kamal Adatia

Direct line:(0116) 454 1300

Email: info.requests@leicester.gov.uk

Website:www.leicester.gov.uk

Our ref: Appeal 8090

Date: 1 July 2015

Derrick Lynch

derrick_lynch@hotmail.co.uk

Dear Mr Lynch

Freedom of Information Act 2000 Appeal – Race Relations

You stated:

If Leicester City Council does not recognise or use the “series of race classifications set out by the British Police”, what series of Race classifications does Leicester City Council use?

This was set out in our previous response, where we also provided you with a copy of the equality monitoring form which includes ethnic backgrounds. The Equality and Human Rights Commission in its statutory code of practice state, paragraph 2.29, “The Act defines ‘race’ as including colour, nationality and ethnic or national origins.” Therefore, the ethnic category section of our monitoring form is relevant for the monitoring and consideration of race.

I fail to see how Leicester City Council can have ”due regard” for Race Relations without having any Racial monitoring data and a Race Relations policy.

This is your personal view only and is not reflected in any Government or Equality and Human Rights Commission guidance on how we as an authority should address the Equality Act 2010 or our Public Sector Equality Duty.

It appears that Leicester City Council has made no effort to record, monitor and report on the difference between the IC1 White North European Race (Caucasoid) and the IC2 Dark South European Race (Melanochroid). It is possible that there could be horrific inequalities between the IC1 White North European Race (Caucasoid) and the IC2 Dark South European Race (Melanochroid) that have not been reported due to this Racially Aggravated Negligence.

Monitoring is context specific. For local government services we count how many people take up a service and ask them for their protected characteristics as stated on our equality monitoring form. Then we analyse whether any particular protected groups are under-represented as service users and if so, why this is the case.

May I remind you of the need to take your obligations under the Equality Act very seriously. No Racial data in Leicester City Council reports is evidence of Racially Aggravated Gross Misconduct that is resulting in Racially Aggravated Disorderly Behavior. A survey should be done immediately to find out what is going on between the European Races and how this Racially Aggravated Negligence is impacting community cohesion.

This is your view only and is not based on any evidence/rationale for using resources to carry out such an activity.

It is very clear that the Police recognise the Racial difference between the IC1 White North European (Caucasoid) and the IC2 Dark South European Races (Melanochroid) and record and use this data for Race Relations purposes.

This is set out in our previous response that we do not use these monitoring categories.

I am horrified that no effort is being made apparently to achieve European Race Equality.

There is no readily accessible definition of ‘European Race Equality’, Therefore we are not clear as to what you mean by this term. In any event you are entitled to your own opinion and indeed to exhibit your personal emotional reaction to responses that have been given. These are not for the Council to comment on.

It is possible that the poor management of Race and Ethnicity in Leicester City Council is impacting policy in Leicester City Council and impacting the decisions being made in Leicester City Council.

It is also possible that it is not the case. You are entitled to speculate but this is not a matter for the Council.

It is possible that there are poor Race Relations between the IC1 White North European Race (Caucasoid) and the IC2 Dark South European Race (Melanochroid) in Leicester City Council and that this dreadful inequality is impacting relations between other Races and causing Leicester City Council unknown problems.

It is also possible that this is not the case. You are entitled to speculate but this is not a matter for the Council.

I am concerned that poor management of Race Relations in Leicester City Council is resulting in Racially Aggravated Gross Misconduct which is making Leicester City Council not fit for purpose.

You have presented this as a conclusion without citing any evidence to substantiate this claim. You are entitled to speculate but this is not a matter for the Council.

You, Lynn Wyeth, could be a White Supremacist. There is no way for me to know whether you, Lynn Wyeth, are a White Supremacist unless I ask you and observe your response. I cannot afford to take the risk of assuming that you, Lynn Wyeth, are not a Racist. That is why I must ask and observe your response. It is very relevant to know if you, Lynn Wyeth, are a Racist when making an inquiry about Race Relations in Leicester City Council and the way Race Relations impacts the management of the people in Leicester City Council. Can you understand that?

1. Are you, Lynn Wyeth, a White person? Yes or No?

2. Are you, Lynn Wyeth, a British person? Yes or No?

3. Are you, Lynn Wyeth, a Racist? Yes or No?

The information is held for questions 1 and 2 but we are withholding that information since we consider that to be an absolute exemption under section 40(2) (personal data), and this therefore constitutes a refusal under section 17 of the Freedom of information Act 2000.

The information is not held for question 3, therefore, this letter acts as a refusal notice under section 17.1 of the Freedom of Information Act 2000 because, in accordance with section 1.1 of the Act, this information is not held by Leicester City Council.

Ms Wyeth, in her role as Information Governance Manager was responsible for merely sending out the information to yourself in response to your Freedom of Information request, and is in no way responsible for deciding which monitoring categories are used by the Council. To imply that a member of Council staff could be racist, or could be a white supremacist, with absolutely no evidence whatsoever, is grossly unfair to that individual, as is asking personal questions about their ethnicity and colour. Any such personal attacks in future could be considered vexatious under section 14 of the Freedom of Information Act.

You have now exhausted the Council’s appeals process. Should you remain dissatisfied with the outcome of this internal review you have a right of appeal to the Information Commissioner at:

Information Commissioner’s Office

Wycliffe House, Water Lane

Wilmslow

CheshireSK9 5AF

Telephone: 01625 545 700

http://www.informationcommissioner.gov.uk

Yours sincerely

Kamal Adatia

City Barrister & Head of Standards

From: info.requests@leicester.gov.uk

To: derrick_lynch@hotmail.co.uk

Subject: FOIA Appeal 8090 Response

Date: Wed, 1 Jul 2015 13:20:55 +0000

Dear Mr Lynch,

Please find attached Leicester City Council’s response to your Appeal concerning your Freedom of Information request.

Regards

Lynn Wyeth

Information Governance Manager

Information & Customer Access

Telephone: 0116 454 1300

Email: info.requests@leicester.gov.uk

From: derrick_lynch@hotmail.co.uk

To: info.requests@leicester.gov.uk

CC: black.national.party@gmail.com; selma@liftfestival.com; info@irr.org.uk; george.ruddock@gvmedia.co.uk; omar@runnymedetrust.org; toyin@ligali.org; everton_young@yahoo.co.uk; mail@davidlammy.co.uk; lammyd@parliament.uk; james.nazroo@manchester.ac.uk; williamssb@parliament.uk; sgrover@tmg-uk.org; sscott@tmg-uk.org; diversityunity2@gmail.com; alansharp37@hotmail.com; david@davidrose.com; patrickvernon@btconnect.com; info@hiphopshakespeare.com; editorial@thejc.com; cgriffiths@25bedfordrow.com; rrandall@25bedfordrow.com; mstevenson@25bedfordrow.com; estuartsmith@25bedfordrow.com; lcapsv@gmail.com; dellis@25bedfordrow.com; info@obv.org.uk; uctynat@ucl.ac.uk; guardian.letters@theguardian.com; letters@thetimes.co.uk; home.news@thetimes.co.uk; hugh.muir@theguardian.com; yourlondon@bbc.co.uk; londonnews@bbc.co.uk

Subject: Leicester City Council Race Relations Internal Review Response 7990

Date: Thu, 11 Jun 2015 16:51:56 +0100

Dear Lynn Wyeth, Information Governance Manager, Leicester City Council,

Thank you for your reply.

You wrote:

“In the prelude to your request you cite a series of race classifications set out by the British Police. Leicester City Council does not use these classifications. ”

If Leicester City Council does not recognise or use the “series of race classifications set out by the British Police”, what series of Race classifications does Leicester City Council use?

How is it possible for Leicester City Council to have “due regard” for the protected groups as the Public Sector Equality Duty (Equality Act 2010) requires if Leicester City Council does not use any Racial classifications?

I fail to see how Leicester City Council can have “due regard” for Race Relations without having any Racial monitoring data and a Race Relations policy.

It appears that Leicester City Council has made no effort to record, monitor and report on the difference between the IC1 White North European Race (Caucasoid) and the IC2 Dark South European Race (Melanochroid). It is possible that there could be horrific inequalities between the IC1 White North European Race (Caucasoid) and the IC2 Dark South European Race (Melanochroid) that have not been reported due to this Racially Aggravated Negligence.

May I remind you of the need to take your obligations under the Equality Act very seriously. No Racial data in Leicester City Council reports is evidence of Racially Aggravated Gross Misconduct that is resulting in Racially Aggravated Disorderly Behavior.

A survey should be done immediately to find out what is going on between the European Races and how this Racially Aggravated Negligence is impacting community cohesion.

________________________________________________________________

The Public Sector Equality Duty (Equality Act 2010) requires public authorities to have ‘due regard’ to the need to:

1. Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Act.

2. Advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it.

3. Foster good relations between people who share a relevant protected characteristic and those who do not share it.

I am concerned about the management of European Race Relations and not about Ethnicity Relations or Diversity Relations.

Race a Protected Characteristic

As you probably know Race is one of the “Protected Characteristics” in the Equality Act 2010.

Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.

Note 1: http://www.equalityhumanrights.com/private-and-public-sector-guidance/guidance-all/protected-characteristics

Race as defined by the British Police

Code

Ethnicity

IC1

White – North European / White European

IC2

White – South European / Dark European

IC3

Black

IC4

Asian (in the UK Asian refers to people from the Indian subcontinent like India, Pakistan, Bangladesh, Nepal)

IC5

Chinese, Japanese, or other South East Asian

IC6

Arabic or North African / Middle Eastern / Mixed Race

IC9

Unknown

Note 2: http://en.wikipedia.org/wiki/IC_codes#cite_note-mpabriefing-2

Please follow these links to understand the Official British Government codification of the differences between Race and Ethnicity.

Source:http://policeauthority.org/metropolitan/publications/briefings/2007/0703/index.html

Source: http://century.guardian.co.uk/1970-1979/Story/0,6051,106880,00.html

Race not to be confused with Ethnicity

I have given the link to the Ethnicity Data Standard as specified by the Information Standards Board to make it clear that I am not asking for Ethnicity information.

Source: http://www.education.gov.uk/escs-isb/standardslibrary/a0077051/ethnicity-data-standard

Failure to manage Race Relations effectively results in the failure to address the problem of Racism.

________________________________________________________________

Race Relations Internal Review Requested – Danger of Racism

Please could you send me the email contact details of the person responsible for equalities in Leicester City Council.

You, Lynn Wyeth, could be a White Supremacist. There is no way for me to know whether you, Lynn Wyeth, are a White Supremacist unless I ask you and observe your response. I cannot afford to take the risk of assuming that you, Lynn Wyeth, are not a Racist. That is why I must ask and observe your response. It is very relevant to know if you, Lynn Wyeth, are a Racist when making an inquiry about Race Relations in Leicester City Council and the way Race Relations impacts the management of the people in Leicester City Council. Can you understand that?

1. Are you, Lynn Wyeth, a White person? Yes or No?

2. Are you, Lynn Wyeth, a British person? Yes or No?

3. Are you, Lynn Wyeth, a Racist? Yes or No?

It is very clear that the Police recognise the Racial difference between the IC1 White North European (Caucasoid) and the IC2 Dark South European Races (Melanochroid) and record and use this data for Race Relations purposes.

I am horrified that no effort is being made apparently to achieve European Race Equality. It is possible that the poor management of Race and Ethnicity in Leicester City Council is impacting policy in Leicester City Council and impacting the decisions being made in Leicester City Council.

It is possible that there are poor Race Relations between the IC1 White North European Race (Caucasoid) and the IC2 Dark South European Race (Melanochroid) in Leicester City Council and that this dreadful inequality is impacting relations between other Races and causing Leicester City Council unknown problems.

I am concerned that poor management of Race Relations in Leicester City Council is resulting in Racially Aggravated Gross Misconduct which is making Leicester City Council not fit for purpose.

Please process this request for information as an Internal Review.

I look forward to a full reply on this very serious issue.

King regards

Derrick Lynch, Black, IC3, B9, BEUR

5 Hedge Hill

Enfield

EN2 8RU

____________________________________________________________

Please ask for:Lynn Wyeth

Direct line:(0116) 454 1300

Email: info.requests@leicester.gov.uk

Website:www.leicester.gov.uk

Our ref: FOIA 7990

Date:11 June 2015

Derrick Lynch

derrick_lynch@hotmail.co.uk

Dear Mr Lynch

Freedom of Information Act 2000 – European Race Relations

Your request for information has now been considered and the Council’s response to your questions is shown below.

You asked:

Please would you send me details of where I can find Council information showing that “due regard” has been exercised in recording and monitoring Race Relations between the IC1 White Northern European Race and the IC2 Dark Southern European Race as required by the Public Sector Equality Duty (Equality Act 2010).

Answer:

In the prelude to your request you cite a series of race classifications set out by the British Police. Leicester City Council does not use these classifications.

Please find attached our equality monitoring form based on Office of National Statistic classifications used in the national census. Our services use this to collect monitoring information. There is no standard national equality monitoring form, or indeed classifications that local authorities are required to use.

You also asked about information showing ‘due regard’ in relation to recording and monitoring “Race Relations between the IC1 White Northern European Race and the IC2 Dark Southern European Race as required by the Public Sector Equality Duty”.

The Public Sector Equality Duty is set out in Section 149 of the Equality Act 2010 and does not have any reference to Race Relations nor cites a requirement for our having ‘due regard’ in recording and monitoring based on these two particular race classifications. Please also find attached Section 149 of the Equality Act 2010 for your information. There is no requirement that we as a local authority pay ‘due regard’ to this specific aspect of race relations, instead the duty requires us to have due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it, with one of those characteristics being race.

Leicester City Council does take its Public Sector Equality Duty seriously and sets out our approach to meeting that duty in our Equality and Diversity Strategy which is posted on our website.

http://www.leicester.gov.uk/your-council/how-we-work/equality-and-diversity

We ensure that equalities implications are highlighted in all of our decision making reports in a standard section containing various implications that decision makers must be aware of. For service changes our officers complete equality impact assessments, again highlighting the potential impacts of decisions on those affected by them as set out in our Public Sector Equality Duty. Our annual budget report contains a separate section highlighting how we meet our Public Sector Equality Duty in making our budget decisions.

The legislation allows you to use the information supplied for your own personal use, or for journalistic purposes. If the information is a dataset (which does not relate to the environment), you may also use the information for commercial re-use under an Open Government Licence.

If you are dissatisfied with the handling of your request please write to:

Information Governance Manager

Information Governance

City Barrister & Head of Standards

1st Floor, 16 New Walk

Leicester

LE1 6UB

e-mail: info.requests@leicester.gov.uk

Your request for internal review should be submitted to the above address within 40 (forty) working days of receipt by you of this response. Any such request received after this time will only be considered at the Council’s absolute discretion.

You may also seek independent advice from the Information Commissioner at:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow SK9 5AF

Telephone: 01625 545 700

http://www.informationcommissioner.gov.uk

Please be aware that the Information Commissioner does not normally consider requests until the internal appeals process of the Council has been exhausted. You are therefore advised to appeal to the Information Governance Manager before contacting the Commissioner.

Yours sincerely

Lynn Wyeth

Information Governance Manager

Enclosures:

149Public sector equality duty

BASIC monitoring format – Revised Dec 2014

_____________________________________________________________

Equality Act 2010

149Public sector equality dutyE+W+S

This section has no associated Explanatory Notes

(1)A public authority must, in the exercise of its functions, have due regard to the need to—

(a)eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b)advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c)foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(2)A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).

(3)Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a)remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

(b)take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

(c)encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

(4)The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons’ disabilities.

(5)Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a)tackle prejudice, and

(b)promote understanding.

(6)Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.

(7)The relevant protected characteristics are—

age;

disability;

gender reassignment;

pregnancy and maternity;

race;

religion or belief;

sex;

sexual orientation.

(8)A reference to conduct that is prohibited by or under this Act includes a reference to—

(a)a breach of an equality clause or rule;

(b)a breach of a non-discrimination rule.

(9)Schedule 18 (exceptions) has effect.

From: info.requests@leicester.gov.uk

To: derrick_lynch@hotmail.co.uk

Subject: Freedom of Information Response 7990

Date: Thu, 11 Jun 2015 13:21:43 +0000

Dear Mr Lynch

Please find attached Leicester City Council’s response to your recent Freedom of Information request.

Regards

Lynn Wyeth

Information Governance Manager

Information Services

Telephone: 0116 454 1300

Email: info.requests@leicester.gov.uk

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“There is no escape

from the

long arm of

the Racial law”.

THE HOLY BOOK

OF

RACIAL GOVERNMENT

IC3 BLACK POWER

————

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