Sheffield Council significantly hindered a recent investigation into tree-felling scandal

Sheffield City Council have recently refused to provide details on their latest street tree programme prompting an investigation into whether they are following the Freedom of Information law.

Last year, Sheffield City Council made a pledge to prioritise preserving trees on the streets of the city after the authority previously made plans to cut them down. Campaigners gathered around the city to protest this.

However, whilst the council was curating a new document, highlighting how they planned to look after the trees, they withheld information from the public as they deemed Freedom of Information Requests (FOI) on the project as ‘inappropriate’.

Subsequently, the council commissioned law firm, Bevan Brittan, to conduct an independent evaluation into whether the FOI was handled correctly.

After reviewing the information available and interviewing council officers, Bevan Brittan published a report which concluded that investigators ‘have not seen evidence that information was deliberately withheld to avoid publication.’

The report said: ‘We have seen evidence that the intended purpose of the labelling process was to flag information – deemed as sensitive, for the Information Management Team to then review carefully before making decisions on disclosure under FOI, and not to intentionally withhold information which should otherwise be disclosable.’

However, key questions surrounding the project still remain unanswered due to the council losing or mislaying key documents.

The report also found that the practice used to flag emails containing advise subject to legal professional privilege (LPP), which is exempt from being disclosed under the Freedom of Information act (FOIA) 2000 and the Environmental Information Regulations 2004, should not have been used.

Originally, the probe was expected to be finished in May 2021 with final costs estimated to be around £25K, but due to the delay the council have confirmed the investigation has totalled at £35,900.

Leader of the council, Terry Fox, said: ‘We commissioned Bevan Brittan to write this report as we take our statutory duties seriously and wanted to ensure that any areas where we fall short could be identified and acted on.

‘Although the report makes for uncomfortable reading in parts and does not reflect what we want to be as an organisation, we welcome the recommendations and are committed to implementing the necessary changes to improve how we handle requests for information.

‘Maintaining our commitment to openness and transparency in relation to the management of street trees remains a priority and now that we have had time to digest its findings, we will make the report public.

‘We have come a long way in our approach to street trees, thanks to the new Street Tree Strategy, and the work of the partnership, but will continue to welcome these opportunities for further learning and reflection.

Photo by Benjamin Elliott