Dear Mr Todd

Re: FOI 24704

I refer to your request for information and must apologise for the delay in responding to you.

In your request, you specifically asked for the following information to be supplied:-

I have attached herewith some examples of the works orders. The orders have been redacted to remove the exact locations as the identification of vacant and empty properties would or would be likely to cause significant harm to the purposes of law enforcement. This information is therefore exempt from disclosure by virtue of Section 31 of the Freedom of Information Act 2000.

The specific purpose would be that the release of the information of vacant and empty properties would identify properties which would be likely to suffer from vandalism, crime, arson and/or other related anti-social behaviour.

Section 31 is a conditional or qualified exemption which requires the consideration of the public interest test.

The public interest test has been considered and the information relating to the exact address details which has been redacted has been done so in order to prevent a crime or crimes. Crime prevention measures are taken by public authorities, in particular to the physical security of buildings.

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Therefore the public interest in maintaining the exemption outweighs that of disclosure as the release of the information would be likely to affect the safety of both the properties and/or individuals living in those areas where the properties are identified as being vacant or empty.

This information is also exempt by virtue of Section 38 as the disclosure of the exact location of vacant and/or empty properties would pose a significant risk for increased criminal activity and therefore endanger the physical or mental health of any individual and/or the safety of any individual.

This exemption is also a conditional exemption which requires the consideration of a public interest test. The public interest in maintaining the protection of the physical or mental health of any individual and/or the safety of any individual outweighs the public interest in the disclosure of information which would result in endangering the public in these areas.

Unfortunately we have been unable to locate a copy of the Contract between Liverpool City Council and IPS. We have made exhaustive checks with service areas within the City Council, officers at 2020 Liverpool and indeed IPS themselves but none of these have been unable to provide a copy.

We can however inform you that the contract is based upon the JCT Standard Form of Measured Term Contract 1998 edition.

We can also inform you that the contract is currently being re-tendered and a new contract will shortly be in place. If you require a copy of that contract, let me know and we will supply what we can with the proviso that commercially confidential data will need to be redacted.

We are sorry that we do not hold the information which you have requested and also for the delay, however we hope that you will understand that all reasonable steps have been taken in order that we might be able to obtain the information for you.

As we are unable to comply with your request we are providing you with a Section 17 notice as this identifies to you your rights under the act. Please treat this email as such a notice.

Section 17 Notice

The City Council will consider appeals, referrals or complaints in respect of your Freedom of Information Act 2000 request under the first stage of the Have Your Say Scheme. You can either complete a form on-line at our website - http://www.liverpool.gov.uk/feedback_form/index.asp or you can complete a form at any One Stop Shop or Library. Alternatively, you can write to us at Liverpool Direct, Freepost, NWW 3400A, Liverpool L1 3ZZ. Your complaint/appeal/referral will be investigated by a different senior officer within ten working days.

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If you remain dissatisfied you may also apply to the Information Commissioner for a decision about whether the request for information has been dealt with in accordance with the Freedom of Information Act 2000.

The Information Commissioner's website is www.ico.gov.uk and the postal address and telephone numbers are:-

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Fax number 01625 524 510, DX 20819, Telephone 01625 545745. Email - mail@ico.gsi.gov.uk (they advise that their email is not secure).

Yours sincerely

Miss W Twigge

Information Manager

Liverpool City Council

Michael Kenworthy Acting City Solicitor Resources Directorate, Legal Services

Municipal Buildings, Dale Street, Liverpool, L69 2DH

tel: 0151 225 3132 fax: 0151 225 2392 email: [email address]