Council assets (revised)

Roedd y cais yn llwyddiannus.

Dear Lincoln City Council,

To the information officer,

I am emailing to request the following information from the council under the Freedom of Information Act 2000. This is a revised FOI following a rejection for exceeding the cost/time limit.

Note: This request does not relate to social housing stock

1) A list of building, land and heritage assets disposed of (i.e. the council no longer owned the asset) by the council between 01/04/2016 and 05/09/2018, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address (if applicable)
- Postcode (if applicable)
- UPRN (if possible)
- The date it was disposed of
- The type of disposal (for example sale, community asset transfer, etc)
- The valuation of the asset at the point it was classified as an asset held for sale (both lower amount and fair value less, if possible)
- How much it was sold for? (if applicable)
- Who it was sold to?
- How it was disposed of (open market, auction, etc)

2) A list of building, land and heritage assets acquired by the council between 01/04/2016 and 05/09/2018, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address
- Postcode
- UPRN (if possible)
- The date it was acquired
- Who was it acquired from?
- How much did it cost?
- Is it now classed as an investment property?

I would like to receive this information electronically a spreadsheet, with the points above as the column headers.

If the decision is made to withhold some of this information using exemptions in the Act, please inform me of that fact and cite the exemptions used.

Please note the questions:
Who it was sold to?
Who was it acquired from?

In response to test FOIs some local authorities declined to release this information relating to these questions, arguing it was exempt under Section 40 - Personal information.

The definition of personal data referred to in the FOIA is that used by the Data Protection Act. This states that, for data to constitute personal data, “it must relate to a living individual, and that individual must be identifiable”. As a result, unless the response relates to a person (or a sole trader) it cannot be exempt under Section 40.

If you need clarification please contact me at this email address. Under your section 16 duty to provide advice and assistance I would expect you to contact me if you find this request unmanageable in any way before the 20th working day.

I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you in the near future.

Thank you for your time,

Gareth

Yours faithfully,

Gareth Davies

Dear Lincoln City Council,

I am emailing about my revised FOI request relating to council assets, which was sent on September 5.

The council has now exceeded the legal time limit for replying to this FOI.

Can you provide an update, as a matter of urgency, as to when I will receive a response?

Yours faithfully,

Gareth Davies

Legal (City of Lincoln Council), Lincoln City Council

3 Atodiad

Dear Sir

 

FREEDOM OF INFORMATION ACT 2000 – INFORMATION REQUEST

               

I refer to your request for information received concerning the above and
enclose the Council’s response.

 

If you wish to appeal against the handling of your request then please
contact the Freedom of Information Officer at the City of Lincoln Council,
City Hall, Beaumont Fee, Lincoln, LN1 1DB. Telephone 01522 873441 or
e-mail [1][Lincoln City Council request email].

 

Further information is also available from the Information Commissioner
at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700 [2]www.ico.org.uk

 

With regards.

 

 

Legal Officer
T 01522 873840
[3]City of Lincoln Council

City of Lincoln Council
City Hall, Beaumont Fee, Lincoln, LN1 1DD
[4]http://www.lincoln.gov.uk/doitonline

Read more about [5]our vision
[6]https://www.lincoln.gov.uk/EasySiteWeb/E...

 

====================================================================================================================

City of Lincoln Council is a Living Wage employer. If you would like to
know more about the Living Wage, or sign up to the Making Lincoln Living
Wage campaign, please visit [7]www.lincolnagainstpoverty.co.uk/livingwage

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to anyone else. Please also notify the sender immediately

Under the Data Protection Act 2018 and the Freedom of Information Act 2000
the contents of this email may be disclosed.

The City of Lincoln Council reserves the right to monitor both sent and
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Dear Lincoln City Council foi team,

I am emailing in regard to FOI87769844.

Would it be possible to have the information supplied in a spreadsheet, as originally requested?

Placing it in a table in a word document has split the information over several pages and makes it hard to follow. I wouldn't want there to be any inaccuracies as a result.

Yours faithfully,

Gareth Davies

Dear Legal (City of Lincoln Council),

On 11 October I sent you a follow-up email about FOI 87769844, as there was a problem with the format in which the data was supplied.

I have not had a response to this email.

As a reminder, I asked for the data to be provided in a spreadsheet as originally requested.

Yours sincerely,

Gareth Davies

Shearwood, Karan (City of Lincoln Council), Lincoln City Council

Dear Sir

I confirm that the data has been provided in the format that the City Council holds it, therefore, we are unable to provide a spreadsheet on this occasion.

With regards.

Karan Shearwood
Legal Officer
T 01522 873840

dangos adrannau a ddyfynnir

Dear Lincoln City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Lincoln City Council's handling of my FOI request 'Council assets (revised)'.

This specifically relates to the refusal to supply the information I requested in the format I requested.

After the information was supplied to me in a table within a Word document, I politely asked whether my original request could be fulfilled.

The response I got was as follows:

"I confirm that the data has been provided in the format that the City Council holds it, therefore, we are unable to provide a spreadsheet on this occasion"

This response does not make sense. I do not believe that the only format in which the council holds this information is a table within a word document. Obviously the table has been filled in using information sourced elsewhere. And, if a table can be filled in within a Word file, then it can be added to a spreadsheet.

This is a clear breach of the FOIA. I've requested the information be supplied in a specific (and standard) format. There is no reason why this cannot be done. Yet the councils is refusing to do so.

Yours faithfully,

Gareth Davies

Scott, Becky (City of Lincoln Council), Lincoln City Council

2 Atodiad

Dear Mr Davies,

 

I write further to your request for a review of your recent application
for information under the FOIA and write to let you know that I’m taking
instructions from the relevant officer and will respond to you shortly. 
Apologies for the delay, however both of us have been out of the office
quite a lot recently. I will come back to you by the end of the week.

 

Kind regards

 

Becky Scott

Legal and Democratic Services Manager

T 01522 873441

 

City of Lincoln Council

City Hall, Beaumont Fee, Lincoln, LN1 1DD

http://www.lincoln.gov.uk/doitonline

Read more about our vision

 

Becky Scott
Legal and Democratic Services Manager
T 01522 873441

[1]City of Lincoln Council

City of Lincoln Council
City Hall, Beaumont Fee, Lincoln, LN1 1DD
[2]http://www.lincoln.gov.uk/doitonline

Read more about [3]our vision
[4]https://www.lincoln.gov.uk/EasySiteWeb/E...

 

====================================================================================================================

City of Lincoln Council is a Living Wage employer. If you would like to
know more about the Living Wage, or sign up to the Making Lincoln Living
Wage campaign, please visit [5]www.lincolnagainstpoverty.co.uk/livingwage

This transmission is intended for the named addressee(s) only and may
contain sensitive or classified material up to OFFICIAL and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. Please also notify the sender immediately

Under the Data Protection Act 2018 and the Freedom of Information Act 2000
the contents of this email may be disclosed.

The City of Lincoln Council reserves the right to monitor both sent and
received emails.

For further information regarding how we protect your data see our
[6]privacy notice for customers.

References

Visible links
1. http://www.lincoln.gov.uk/doitonline
2. http://www.lincoln.gov.uk/doitonline
3. http://www.lincoln.gov.uk/vision2020
5. http://www.lincolnagainstpoverty.co.uk/l...
6. https://www.lincoln.gov.uk/privacy-policy/

Scott, Becky (City of Lincoln Council), Lincoln City Council

1 Atodiad

Dear Mr Davies,

I write further to your request for a review of your recent application for information under the FOIA.

I have checked with the relevant officer whose team holds the data about this matter and confirm that in fact the data was originally held in a spreadsheet and was converted into the document you received to try to assist. I have explained that this is not necessary and that the data could have been sent out in it's original format. I will of course pass this message onto other officers to prevent this from happening again.

Please therefore find attached the relevant information in the excel format you have requested.

I trust that this resolves this matter however if you have any further questions, please do contact me.

Kind regards

Becky Scott
Legal and Democratic Services Manager
T 01522 873441

City of Lincoln Council
City Hall, Beaumont Fee, Lincoln, LN1 1DD http://www.lincoln.gov.uk/doitonline
Read more about our vision

dangos adrannau a ddyfynnir