Applications for Housing and Transfers on Medical and Disability Grounds

Roedd y cais yn rhannol lwyddiannus.

Dear Westminster City Council,

Under the FOIA could you please supply the following information relating the the Housing Management Scheme and unpublished policies and communications relating to housing needs assessments.

Relating to Citywest council secured assured and flexible tenancies

Within the constraints of section 12 please supply the information on a year on year basis commencing with the FY 2018/2019 or if in the data year set you currently use commencing with 2018 and working backwards up to 5 years.

In the data the number of those actually being placed on the list and not moved or offered accommodation

The number of applications made for for housing on medical or disability grounds

The number of successful applications for for housing on medical or disability grounds

The number of applications to transfer on medical or disability grounds (mobility category)

The number of successful applications to transfer on medical disability grounds (mobility category)

Please differentiate between tenancy types in the data

If you have any problems supplying the information or require clarification, please revert

Yours faithfully,

M Doyle

Freedom of Information: WCC, Westminster City Council

This email address is no longer in use - please contact
[1][Westminster City Council request email]
***********************************************************************************
Sign our #DontBeIdle pledge and help make a big difference to air quality
in Westminster http://www.westminster.gov.uk/dont-be-idle

Find out how much sugar is in your food and drink and make a healthy
change to improve your family’s health by downloading the free Change4Life
Be Food Smart app today at https://t.co/P1KQhwgYTd

***********************************************************************************
Westminster City Council switchboard: +44 20 7641 6000.
www.westminster.gov.uk

dangos adrannau a ddyfynnir

References

Visible links
1. mailto:[Westminster City Council request email]

Dear Westminster City Council,

It is know there is a technical issue with emails being sent to the [email address] and senders are receiving automated error messages from another email address stating that it ([email address]) is no longer in use, please resend to [email address]. This is a technical issue that has been ongoing for 2 weeks

Please note that even though this is an automated error message constitutes receipt as it was sent to the correct email box published on the Westminster website and official documentation. However, it would be best that you formally acknowledge receipt and to resolve the automated issue now

Yours faithfully,
M. Doyle

Westminster City Council

Information request
Our reference: 9797565

--------------------------------------------------------------------------

 
Dear Mr Doyle
 
Thank you for contacting Westminster City Council's Information Management
Team. 

Your query will be allocated for response, and someone will contact you
within 5 working days to confirm the details of your request. 

Please see the Council's website for further information on the Freedom of
Information Act
- [1]http://www.westminster.gov.uk/services/c...

Kind regards, 
 
Information Management Team
Westminster City Council
64 Victoria Street
London
SW1E 6QP
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.
 

References

Visible links
1. http://www.westminster.gov.uk/services/c...

Westminster City Council

Information request
Our reference: 9797565

--------------------------------------------------------------------------

 
Dear Mr Doyle,
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 23 April
2019.
 
Request summary
 
Under the FOIA could you please supply the following information relating
the the Housing Management Scheme and unpublished policies and
communications relating to housing needs assessments.
Relating to Citywest council secured assured and flexible tenancies
Within the constraints of section 12 please supply the information on a
year on year basis commencing with the FY 2018/2019 or if in the data year
set you currently use commencing with 2018 and working backwards up to 5
years.
In the data the number of those actually being placed on the list and not
moved or offered accommodation
The number of applications made for for housing on medical or disability
grounds
The number of successful applications for for housing on medical or
disability grounds
The number of applications to transfer on medical or disability grounds
(mobility category)
The number of successful applications to transfer on medical disability
grounds (mobility category)
Please differentiate between tenancy types in the data
 
We are dealing with your request under the Freedom of Information Act 2000
and we aim to send a response by 22 May 2019.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours sincerely
 
 
Westminster City Council
Email: [email address]
Web: [1]www.westminster.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.
 

References

Visible links
1. file:///tmp/www.westminster.gov.uk

Westminster City Council

1 Atodiad

Information request
Our reference: 9797565

--------------------------------------------------------------------------

 
Dear Mr Doyle
 
Thank you for your request for information received on 23 April 2019.
 
Please find attached our response to your request.

If you are dissatisfied with your response please send your Internal
Review request to the email address below

[1][email address]

 
Yours sincerely
 
 
Westminster City Council
Tel: 0207 641 3921
Email: [2][email address]
Web: [3]www.westminster.gov.uk
 
NOTE: Please do not reply to this email.
 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. file:///tmp/www.westminster.gov.uk

Dear Westminster City Council,

In relation to the response of the 22nd May in relation to request reference: 9797565.

Thank you for the information provided so far however

Under the The Equality Act 2010 (Specific Duties) Regulations 2011 the information requested falls within the duty to monitor and report in respect of section 149 of the Equality Act 2010 as the information would be necessary to achieve reasonably accurate information published by WCC covering the area concerned in the Housing Allocation Scheme and Annual Housing and Scrutiny and or any other reports.

In fact I would remind WCC of the sections 5 and 8 of the Supply and Allocation of Social Housing 2017/18 Cabinet report outlining legal obligations under the EA and by displaying data which covers in part some but not all key characteristics categories and that in the Housing Allocations Scheme (current) under section 12.2 it states

"The full impact of the Tenancy Policy on different groups of people with protected characteristics (13) under the Equality Act 2010 will not be known until the first tenancies are reviewed. An annual impact assessment on different groups of people will however be carried out using any available information to monitor any impacts"

"13- People have protected characteristics due to their: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and sex. These groups are protected under equalities legislation"

For the sake of clarity, the characteristic of disability includes any person with a long term physical and or cognitive and or medical condition which causes an impairment, be it physical and or mental. Without giving all specifics, this is the general criteria under which applications medical grounds are made and which medical assessments are carried out

Therefore under these clear statements and criteria WCC infers that the information requested is monitored to assess impact in line with t he characteristics of the equality act for which the information requested clearly relates to a specific characteristic under the act which is acknowledged in the polices and reports published by WCC.

Taking into consideration all relevant information and public statements by WCC and duties under the law the information should exist for those public statements not to be significantly if not substantially misleading.

In this respect a S12 limitation is irreverent and rejected as it is information that WCC not only implies it has as part of declared analysis and assessments and exists as a legal obligation under the EA. As such for a S12 to be valid WCC would have to justify that the information does not exist despite implying in official documents that it has the information for analysis purposes and having a legal duty to hold the information outside the confines of the FOIA . However if challenged and WCC justifies S12 under the FOIA to the ICO, WCC would then be in a de facto position that it is in breach of the legal duties under the EA. Furthermore s17 is also rendered moot under the same conditions

The bottom line is that the FOIA does not provide a mechanism which excludes any authority from a legal duty to produce requested information outside the confines FOIA request and in turn also renders the the use of S12 and S17 being unreasonable should such a legal duty precedent be in place and previously exhibited and or declared.

Therefore under the circumstances I suggest that you revert to the relevant departments in Housing and at RMG as well as the Housing Directorate as the only other option is to carry out an internal review and I would give 14 days extension to the request in order that further consideration be given prior to the necessity to move to an internal review stage

Yours sincerely,

M Doyle

Westminster City Council

Information request
Our reference: 9797565

--------------------------------------------------------------------------

 
Dear Mr Doyle
 
Re: Request for Internal Review ' 9797565
 
Thank you for your request for a review received on  23 May 2019  in
respect of:

Scheme
Freedom of Information Act

Details
Under the FOIA could you please supply the following information
relating the the Housing Management Scheme and unpublished
policies and communications relating to housing needs assessments.
Relating to Citywest council secured assured and flexible
tenancies
Within the constraints of section 12 please supply the information
on a year on year basis commencing with the FY 2018/2019 or if in
the data year set you currently use commencing with 2018 and
working backwards up to 5 years.
In the data the number of those actually being placed on the list
and not moved or offered accommodation
The number of applications made for for housing on medical or
disability grounds
The number of successful applications for for housing on medical
or disability grounds
The number of applications to transfer on medical or disability
grounds (mobility category)
The number of successful applications to transfer on medical
disability grounds (mobility category)
Please differentiate between tenancy types in the data

Internal review
 
Under the The Equality Act 2010 (Specific Duties) Regulations 2011 the
information requested falls within the duty to monitor and report in
respect of section 149 of the Equality Act 2010 as the information would
be necessary to achieve reasonably accurate information published by WCC
covering the area concerned in the Housing Allocation Scheme and Annual
Housing and Scrutiny and or any other reports.
In fact I would remind WCC of the sections 5 and 8 of the Supply and
Allocation of Social Housing 2017/18 Cabinet report outlining legal
obligations under the EA and by displaying data which covers in part some
but not all key characteristics categories and that in the Housing
Allocations Scheme (current) under section 12.2 it states
"The full impact of the Tenancy Policy on different groups of people with
protected characteristics (13) under the Equality Act 2010 will not be
known until the first tenancies are reviewed. An annual impact assessment
on different groups of people will however be carried out using any
available information to monitor any impacts"
"13- People have protected characteristics due to their: age, disability,
gender reassignment, marriage and civil partnership, pregnancy and
maternity, race, religion and sex. These groups are protected under
equalities legislation"
 
For the sake of clarity, the characteristic of disability includes any
person with a long term physical and or cognitive and or medical condition
which causes an impairment, be it physical and or mental. Without giving
all specifics, this is the general criteria under which applications
medical grounds are made and which medical assessments are carried out
Therefore under these clear statements and criteria WCC infers that the
information requested is monitored to assess impact in line with t he
characteristics of the equality act for which the information requested
clearly relates to a specific characteristic under the act which is
acknowledged in the polices and reports published by WCC.
Taking into consideration all relevant information and public statements
by WCC and duties under the law the information should exist for those
public statements not to be significantly if not substantially misleading.
 
In this respect a S12 limitation is irreverent and rejected as it is
information that WCC not only implies it has as part of declared analysis
and assessments and exists as a legal obligation under the EA. As such for
a S12 to be valid WCC would have to justify that the information does not
exist despite implying in official documents that it has the information
for analysis purposes and having a legal duty to hold the information
outside the confines of the FOIA . However if challenged and WCC justifies
S12 under the FOIA to the ICO, WCC would then be in a de facto position
that it is in breach of the legal duties under the EA. Furthermore s17 is
also rendered moot under the same conditions
 
The bottom line is that the FOIA does not provide a mechanism which
excludes any authority from a legal duty to produce requested information
outside the confines FOIA request and in turn also renders the the use of
S12 and S17 being unreasonable should such a legal duty precedent be in
place and previously exhibited and or declared.
 
Therefore under the circumstances I suggest that you revert to the
relevant departments in Housing and at RMG as well as the Housing
Directorate as the only other option is to carry out an internal review
and I would give 14 days extension to the request in order that further
consideration be given prior to the necessity to move to an internal
review stage
 
 
I can confirm that we are looking into your query, and will endeavour to
respond within 20 working days of receipt of your email / letter
 
Your complaint is therefore due for a response by 21 June 2019.
 
Yours sincerely
 
 
Westminster City Council
Tel: 0207 641 3921
Email: [1][email address]
Web: [2]www.westminster.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.
 

References

Visible links
1. mailto:[email address]
2. file:///tmp/www.westminster.gov.uk

Dear Westminster City Council,

Please note that the internal review response was due on the 21st June. It is now 11 days overdue from that date.

Please would you provide a response forthwith

Yours sincerely,

M Doyle

Westminster City Council

1 Atodiad

Information request
Our reference: 9797565

--------------------------------------------------------------------------

Dear Mr Doyle,
 
Thank you for your recent request for an Internal Review. Please find the
council's response attached.
Yours sincerely
 
 
Information Management Team
Westminster City Council
Information Services
Tel: 0207 641 3921
Email: [email address]
Web: [1]www.westminster.gov.uk
 

References

Visible links
1. file:///tmp/www.westminster.gov.uk