Anti social behaviour orders

Dear Mr Moore

FOI Acknowledgement

Thank you for your FOI Request, as below. Please quote our ref 126316 in
any further correspondence about this request.

We anticipate responding within the statutory period of 20 working days
following the date of receipt, in this case by 25/03/10.

Thank you for your interest in Lambeth Council.

Richard Gardner

Information Compliance Adviser

London Borough of Lambeth

ICT Services

Finance & Resources

tel: 020 79267741

www.lambeth.gov.uk

3rd Floor, Ivor House, 1 Acre Lane, London, SW2 5BF

Lambeth - Making a difference

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Becky - What is happening on this one?

I have received a chaser from the requestor. He describes it as an
"internal review". Of course internal reviews by definition can only
take place after the question has been answered to contest the response.

Richard Gardner
Information Compliance Adviser
London Borough of Lambeth
ICT Services
Finance & Resources

tel: 020 79267741
www.lambeth.gov.uk
3rd Floor, Ivor House, 1 Acre Lane, London, SW2 5BF

Lambeth - Making a difference

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Dear Mr Moore,

Thank you for submitting a Freedom of Information Act request to the
London Borough of Lambeth.

You have asked for:

1. How many pre conviction ASBO's have been taken out by the
Council?

2. How many ASBO's in total have been taken out since the inception
of ASBO's ( Both pre and post conviction orders) have been taken out?

3. It is clear in court guide lines that there is there is
presumption that photographs will be published unless there is application
to the court with good reason why not. Therefore of the total number of
ASBO's taken out via the courts How many application to the court have had
a specific request not to publish a photograph?

4. Of those where the Court have not granted anominity. How many
have been published?

Please find attached a spreadsheet containing the information that you
have requested.

Should you have a complaint about the way your request for information
under the Freedom of Information Act has been dealt with, please contact
the Corporate Complaints Unit, Lambeth Town Hall, SW2 1RW or e-mail
[1][email address]

If you remain dissatisfied with the outcome of your complaint you may
contact the Information Commissioner, who can be reached at:

Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Tel: 01625 545 700

Fax: 01625 545 510

Further information on the Freedom of Information Act can be found on the
Information Commissioner's website [2]www.informationcommissioner.gov.uk

Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

References

Visible links
1. mailto:[email address]
2. http://www.informationcommissioner.gov.uk/

Dear Mr Moore

Thank you for your complaint, as below. We will respond within 20
working days, that is by the 4th of May

Richard Gardner
Information Compliance Adviser
London Borough of Lambeth
Legal Services
Finance & Resources

tel: 020 79267741
www.lambeth.gov.uk
Lambeth Town Hall, Brixton Hill, London, SW2 1RW

Lambeth - Making a difference

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Dear Mr Moore

Whilst Court records and Lambeth Council records may contain the same or
similar information, the Council's copy of this information is exempt from
disclosure under the FOI Section 32 exemption (Court Records). This
exempts the Council from disclosing any information held in our records
that has been either supplied by Lambeth Council to the Courts, or
provided by the Courts to Lambeth Council. The Courts service is outside
the scope of the Freedom of Information Act, but they have separate
arrangements for releasing information into the public domain at their
discretion. Any encroachment by the Council on the prerogative of the
Courts to control availability of such information could potentially be
seen as a contempt of court.

Other relevant information about these individuals held in our records
although not supplied to or provided by the Courts is nevertheless exempt
under FOI Section 40(2) as "personal data other than that of the
requestor" since its disclosure would breach the statutory Data Protection
Principles. This is because (a) we do not have explicit consent or a
reasonable basis to assume implied consent to its disclosure from the
individuals named and (b)the Council does not have the statutory power to
disclose this information to you - even if similar information is
coincidentally in the public domain from another source such as the Courts
or the media.

Release of Names

You should ask the relevant Court for details of the names of those
individuals who were not granted anonymity as these will have been
published by them as court proceedings. The FOI Section 32 exemption
(Court Records) is claimed with regard to any council held copies of
those records.

Questions 3 & 4 - Publication of Photographs

Whether or not refusal to allow photographs to be published was sought or
granted is again a matter for the Courts. Lack of a refusal does not
necessarily mean that they have been published.

If the Council has chosen to publish any such photographs, these might be
contained in contemporaneous editions of our residents newspaper Lambeth
Life which is distributed locally as hard copy and also published on our
website at
[1]http://search.lambeth.gov.uk/kbroker/lam....
Any such information is exempt from specific disclosure under FOI Section
21 as it is "information accessible by other means"(that is because it is
already published).

If third parties such as commercial newspapers or broadcasters have chosen
to publish photographs of ASBO offenders then this is not the
responsibility of the council, and there is no business reason why the
fact of such publication should feature in our records.

Right of Appeal

You have already used your right to seek an Internal Review. If you remain
dissatisfied with the outcome of this review then you have a further right
to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act.

The Commissioner can be contacted at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 01625 545745

Thank you for your interest in Lambeth Council.

Richard Gardner

Information Compliance Adviser

London Borough of Lambeth

Legal Services

Finance & Resources

tel: 020 79267741

www.lambeth.gov.uk

Lambeth Town Hall, Brixton Hill, London, SW2 1RW

Lambeth - Making a difference

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