Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywAlan Patterson mewngofnodwch a gadael i bawb wybod.

Information relating to Empty Homes in Cornwall

Alan Patterson made this Rhyddid Gwybodaeth request to Cornwall Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

We're waiting for Alan Patterson to read recent responses and update the status.

Dear Cornwall Council,

I would be grateful for your answers to the following:

1. How many properties are held on the register of 'long-term' empty properties?
2. What is the procedure and evidence required for the properties to be entered on to the register?
3. What security provisions are in place to prevent access to the register, other than those who maintain the register?
4. What appeals procedure is in place to remove properties from the register?
5. How many properties have been mistakenly placed on the register and subsequently removed (numbers and percentages)?
6. How many properties on the register are owned by non-Cornwall residents?

Yours faithfully,

Alan Patterson

Cornwall Council

Please note that due to the situation relating to the current coronavirus
pandemic, it is likely that there will be delays in our usual response
times for FOI/EIR requests. This is due to additional pressures caused by
staff absences and the need to reallocate resources and personnel across
the Council to areas of urgent priority and the continued running of key
services. We will endeavour to contact you if it is likely that your
response will take longer than our usual deadlines, although this may not
be possible in all cases. Thank you for your understanding during this
unprecedented time.

Thank you for your Freedom of Information (FOI)/Environmental Information
Regulations (EIR) request - Reference FOI-101005072153. In normal
circumstances we will provide a response within 20 working days of
receiving your request. There may be a small number of occasions where we
may need to extend the 20 working day deadline. We will inform you if this
is likely.

Cornwall Council is made up of many different services and additionally,
wholly owned companies who are responsible for areas such as housing and
highways. Your request will be logged by the Central FOI team and in most
cases will be forwarded on to the relevant service or wholly owned company
to respond directly.

There may be some instances where we will need to contact you in the order
to clarify parts of your request. In this instance we will not be able to
progress your request until clarification has been received.

Under the Act, we will be unable able to process any request where the
actual cost to the authority in terms of staff hours comes to more than
£450. If this is the case we will help you to narrow the request to take
it under any cost limit. In a small number of other cases, a charge may
apply such as with certain environmental information, but we will let you
know if this applies.

We deal with around 2000 FOI/EIR requests for information each year, with
the cost to the Council (not to the customer) ranging between £25 and £450
per request. You may be able to find the information by checking previous
responses on our [1]Disclosure Log, the Council's Publication Scheme, or
by checking the Council's website at www.cornwall.gov.uk. Therefore if you
do subsequently find the information you require by this method and no
longer wish us to process your request, please do let us know.

Further information on the FOI process in general can be found at
[2]www.cornwall.gov.uk/foi

As personal information belongs to you have the right to:

We will only process the information input on this form to deal with your
Freedom of Information Request.

The information you provide may be shared across the various service areas
of Cornwall Council, as well as the Council's wholly owned Group of
Companies (such as Cormac, Cornwall Housing, Cornwall Airport Newquay &
Cornwall Development Company), in order to fully investigate and answer
the request.

You have a right to withdraw consent to your Freedom of information
request at at any time by contacting: Freedom of Information, New County
Hall, Treyew Road, Truro, TR1 3AY or [3][Cornwall Council request email]

If you would like to access any of the information we hold about you or
have concerns regarding the way we have processed your information, please
contact: Data Protection Officer, Cornwall Council, County Hall, Truro,
TR1 3AY.

Email: [4][email address] Tel: 01872 326424

We would prefer you to contact us in the first instance to give us the
opportunity to see if we can put things right. However, if you are unhappy
with the way we have processed your information, or how we have responded
to your request to exercise any of your rights in relation to your data,
you can raise your concerns direct with the Information Commissioner's
Office.

Tel: 0303 123 1113
Web: [5]https://ico.org.uk/concerns/

Further details can be found on the full [6]privacy policy.

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address]. Please note that this e-mail may
be subject to recording and/or monitoring in accordance with the relevant
legislation and may need to be disclosed under the Freedom of Information
Act 2000 or the Environmental Information Regulations 2004. Security
Warning: It is the responsibility of the recipient to ensure that this
e-mail and any attachments are virus free. The Authority will not accept
liability for any damage caused by a virus.

References

Visible links
1. Disclosure Log - Opens in a new browser window
http://www.cornwall.gov.uk/council-and-d...
2. Data Protection and Freedom of Information - Opens in a new browser window
http://www.cornwall.gov.uk/foi
3. Email Freedom of Information
mailto:[Cornwall Council request email]?Subject=Freedom%20Of%20Information
4. Email Data Protection Officer
mailto:[email address]?Subject=Data%20Protection
5. Information Commissioner - Opens in a new browser window
https://ico.org.uk/concerns/
6. Privacy Policy - Opens in a new browser window
https://www.cornwall.gov.uk/council-and-...

Housing - Freedom of Information Mail, Cornwall Council

1 Atodiad

Information Classification: CONFIDENTIAL

Dear Mr Patterson

 

Thank you for your recent FOI request.

 

Unfortunately, before we can respond to this we need some clarification
which is explained in the attached letter.

 

Many thanks

 

Isobel Chainey Readings| Customer First and Policy Officer

Cornwall Housing Ltd | Business Improvement Team

Tel: 0300 1234 161

housing[Cornwall Council request email]
[1]www.cornwallhousing.org.uk

N1, Chy Trevail, Beacon Technology Park, Bodmin, Cornwall, PL31 2FR

 

Please let us know if you need any particular assistance from us, such as
facilities to help with mobility, vision or hearing, or information in a
different format.

Please consider the environment. Do you really need to print this email?

 

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address]. Please note that this e-mail may
be subject to recording and/or monitoring in accordance with the relevant
legislation and may need to be disclosed under the Freedom of Information
Act 2000 or the Environmental Information Regulations 2004. Security
Warning: It is the responsibility of the recipient to ensure that this
e-mail and any attachments are virus free. The Authority will not accept
liability for any damage caused by a virus.

References

Visible links
1. http://www.cornwallhousing.org.uk/

Isobel Chainey Readings
Customer First and Policy Officer
Cornwall Housing Limited

Your ref: 101005072153

Dear Ms Readings,

First, let me query the organisation to which I am corresponding. I raised the FoI request
with Cornwall Council. I am not sure that I should be dealing with a limited company.
Would you please clarify why a limited company is dealing with this and whether it affects
the legal liability of Cornwall Council.

I have undertaken a search of Companies House in respect of Cornwall Housing Ltd and I
note, from the latest set of company accounts that there is a reference to the grant of a
new 10-year Management Agreement to Cornwall Housing from the Council. I assume
that this a reference to Cornwall Council and this suggests an “arm’s length” relationship
between the two organisations. How then, is it possible for Cornwall Housing Ltd to have
access to the information held by Cornwall Council?

Subject to this issue being properly clarified, and reserving my rights on that issue, I am
responding to your request for clarification. Dealing with your specific questions:

1. The heading to my request was ‘Information relating to Empty Homes in Cornwall’
from which I would suggest you can infer that I am not raising questions regarding
retail or garages. I received a letter dated 31 July 2020 from the Empty Homes
Team (sic) and I will quote from that: ‘We are currently undertaking a review of
empty homes to ensure accuracy of Council Tax records’. Council Tax records
would not, per se, record vacant properties, so there has to be a database or
register of such properties. Because such a database has legal ramifications in
terms of the status of the property, this would need to be held as a register. It is
that to which I refer.

2. From the above, you will understand that I am not referring to any of the
categories of properties to which you refer (Cornwall Housing-owned properties,
Private sector let properties, or all properties in Cornwall including second
homes).

To be very explicit, I am referring to the register that the Council maintains of ‘vacant
homes’. This is the register on which a home (sic) that is empty for six months is
recorded as being long-term empty.

Yours sincerely

Alan Patterson

Housing - Freedom of Information Mail, Cornwall Council

Cornwall Housing takes it’s responsibilities to the Freedom of Information
legislation seriously, therefore whilst we will endeavour to respond to
your request within normal timescales this may not be possible due to the
current Covid-19 situation.
Information regarding this can be found at the ICO website by following
the link below:
[1]https://ico.org.uk/about-the-ico/news-an...
Information about Cornwall Housing which we are frequently asked for and
data we have made publicly available which may assist you with your
request for information can be found here:
https://www.cornwallhousing.org.uk/about...
This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address]. Please note that this e-mail may
be subject to recording and/or monitoring in accordance with the relevant
legislation and may need to be disclosed under the Freedom of Information
Act 2000 or the Environmental Information Regulations 2004. Security
Warning: It is the responsibility of the recipient to ensure that this
e-mail and any attachments are virus free. The Authority will not accept
liability for any damage caused by a virus.

References

Visible links
1. https://ico.org.uk/about-the-ico/news-an...

Freedom Of Information Mail, Cornwall Council

Information Classification: CONTROLLED

Dear Alan Patterson,

Thank you for your email dated 21st October. This has been passed to me to answer.

Please note Cornwall Council and the arm's length companies are separate legal entities and therefore separate data controllers and each hold different data sets. We do not hold all of the data held by our arm's length companies, nor is their a need for us to.

You have requested data that is held by a separate data controller and therefore to ensure that your request is fully met it is necessary to pass this to CHL. If you do not wish us to do this please let us know, we will still of course provide you with the data the Council holds, but we will not be able to provide you with anything further.

Kind regards

Marc

Marc Allen | Information Management Advisor
Cornwall Council | Corporate & Information Governance | Assurance Service
[email address] | Tel: 01872 322647 | Int: 492647
www.cornwall.gov.uk | ‘Onen hag oll’
4N, New County Hall, Treyew Road, Truro, Cornwall, TR1 3AY
Please note I do not work Mondays
Please can you use the [email address] email address for all future enquiries relating to the current covid-19 pandemic. This will enable the issues you have raised to be considered fully in line with the most recent guidance.

dangos adrannau a ddyfynnir

Dear Mr Allen,

Thank you for your reply, but I am more confused about this than previously. You have confirmed that the Council has a relationship with Cornwall Housing, but does not control the Company. I assume that it has contracted various services to the Company, and you appear to be saying that it has contracted out some of its responses to requests under the Freedom of Information Act.

I think that this is ultra-vires.

If I may quote you from Section 1 of the Act
'1. General right of access to information held by public authorities.
(1)Any person making a request for information to a public authority is entitled—
(a)to be informed in writing by the public authority whether it holds information of the description specified in the request, and
(b)if that is the case, to have that information communicated to him.'

I see no provision in that section to enable the Council to contract out its statutory obligations to a private company.

There is, however, a further provision in Section 3:
'(2)For the purposes of this Act, information is held by a public authority if—
(a)it is held by the authority, otherwise than on behalf of another person, or
(b)it is held by another person on behalf of the authority.'

Therefore, you appear to be wrong if you suggesting that by obtaining a response from the Council that I would have access to the information held by Cornwall Housing.

I am in possession of a letter from Cornwall Council's 'Empty Homes Team'. This is not written by Cornwall Housing. I would expect the Council's 'Empty Homes Team' to have full access to information regarding empty homes, otherwise it would not be able to do its job properly. I do not understand how Cornwall Housing then enters the picture, as clearly this service is not contracted out to it.

Yours sincerely,

Alan Patterson

Freedom Of Information Mail, Cornwall Council

Information Classification: CONTROLLED

Hi Simon,

The requestor has come back with a follow up question. I assume it’s a case of they work on our behalf? Is there anything else I need to say to him. At this point I feel we can't begin his request.

Thanks

Marc

Marc Allen | Information Management Advisor
Cornwall Council | Corporate & Information Governance | Assurance Service
[email address] | Tel: 01872 322647 | Int: 492647
www.cornwall.gov.uk | ‘Onen hag oll’
4N, New County Hall, Treyew Road, Truro, Cornwall, TR1 3AY
Please note I do not work Mondays
Please can you use the [email address] email address for all future enquiries relating to the current covid-19 pandemic. This will enable the issues you have raised to be considered fully in line with the most recent guidance.

dangos adrannau a ddyfynnir

Freedom Of Information Mail, Cornwall Council

Information Classification: CONTROLLED

Dear Sir,

Please accept my apologies for the earlier email, I sent that in error.

Further to your query CHL are a Local Authority arm's length company and therefore we can legally undertake to act on their behalf.

For clarity can you confirm your request is only relating to the "Empty Homes team".

Kind regards

Marc

Marc Allen | Information Management Advisor
Cornwall Council | Corporate & Information Governance | Assurance Service
[email address] | Tel: 01872 322647 | Int: 492647
www.cornwall.gov.uk | ‘Onen hag oll’
4N, New County Hall, Treyew Road, Truro, Cornwall, TR1 3AY
Please note I do not work Mondays
Please can you use the [email address] email address for all future enquiries relating to the current covid-19 pandemic. This will enable the issues you have raised to be considered fully in line with the most recent guidance.

dangos adrannau a ddyfynnir

Dear Marc,

My request was submitted to Cornwall Council, so my question is not whether you can act on behalf of Cornwall Housing but whether you can delegate your statutory responsibilities under the Act to a private third party company (ie Cornwall Housing) who has no legal responsibility under the Act to me?

I have the terminology of 'Empty homes' because that is what Cornwall Council have called the team dealing with empty dwellings. The government calls such properties 'empty properties' which, of course, avoids the oxymoron that Cornwall Council has constructed. I would assume that the team runs the register (because it has been able to refer to it) and maintain its integrity and accuracy, but I have also been advised that the Council’s finance team has an involvement and ability to alter its contents. I would therefore prefer to rely on the Council to obtain the answers to my questions from whichever source is appropriate: it is not for me to identify the internal management structure.

Yours sincerely,

Alan

Cornwall Council

Thank you for your Freedom of Information (FOI)/Environmental Information
Regulations (EIR) request - Reference FOI-101005146262. In normal
circumstances we will provide a response within 20 working days of
receiving your request. There may be a small number of occasions where we
may need to extend the 20 working day deadline. We will inform you if this
is likely.

Cornwall Council is made up of many different services and additionally,
wholly owned companies who are responsible for areas such as housing and
highways. Your request will be logged by the Central FOI team and in most
cases will be forwarded on to the relevant service or wholly owned company
to respond directly.

There may be some instances where we will need to contact you in the order
to clarify parts of your request. In this instance we will not be able to
progress your request until clarification has been received.

Under the Act, we will be unable able to process any request where the
actual cost to the authority in terms of staff hours comes to more than
?450. If this is the case we will help you to narrow the request to take
it under any cost limit. In a small number of other cases, a charge may
apply such as with certain environmental information, but we will let you
know if this applies.

We deal with around 2000 FOI/EIR requests for information each year, with
the cost to the Council (not to the customer) ranging between ?25 and ?450
per request. You may be able to find the information by checking previous
responses on our [1]Disclosure Log, the Council's Publication Scheme, or
by checking the Council's website at www.cornwall.gov.uk. Therefore if you
do subsequently find the information you require by this method and no
longer wish us to process your request, please do let us know.

Further information on the FOI process in general can be found at
[2]www.cornwall.gov.uk/foi

As personal information belongs to you have the right to:

We will only process the information input on this form to deal with your
Freedom of Information Request.

The information you provide may be shared across the various service areas
of Cornwall Council, as well as the Council's wholly owned Group of
Companies (such as Cormac, Cornwall Housing, Cornwall Airport Newquay &
Cornwall Development Company), in order to fully investigate and answer
the request.

You have a right to withdraw consent to your Freedom of information
request at at any time by contacting: Freedom of Information, New County
Hall, Treyew Road, Truro, TR1 3AY or [3][Cornwall Council request email]

If you would like to access any of the information we hold about you or
have concerns regarding the way we have processed your information, please
contact: Data Protection Officer, Cornwall Council, County Hall, Truro,
TR1 3AY.

Email: [4][email address] Tel: 01872 326424

We would prefer you to contact us in the first instance to give us the
opportunity to see if we can put things right. However, if you are unhappy
with the way we have processed your information, or how we have responded
to your request to exercise any of your rights in relation to your data,
you can raise your concerns direct with the Information Commissioner's
Office.

Tel: 0303 123 1113
Web: [5]https://ico.org.uk/concerns/

Further details can be found on the full [6]privacy policy.

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address]. Please note that this e-mail may
be subject to recording and/or monitoring in accordance with the relevant
legislation and may need to be disclosed under the Freedom of Information
Act 2000 or the Environmental Information Regulations 2004. Security
Warning: It is the responsibility of the recipient to ensure that this
e-mail and any attachments are virus free. The Authority will not accept
liability for any damage caused by a virus.

References

Visible links
1. Disclosure Log - Opens in a new browser window
http://www.cornwall.gov.uk/council-and-d...
2. Data Protection and Freedom of Information - Opens in a new browser window
http://www.cornwall.gov.uk/foi
3. Email Freedom of Information
mailto:[Cornwall Council request email]?Subject=Freedom%20Of%20Information
4. Email Data Protection Officer
mailto:[email address]?Subject=Data%20Protection
5. Information Commissioner - Opens in a new browser window
https://ico.org.uk/concerns/
6. Privacy Policy - Opens in a new browser window
https://www.cornwall.gov.uk/council-and-...

Dear Mr Allen, Cornwall Council

I do not understand your latest response to my FoI request. This appears to have a new reference number and appears to be as if the request had just been received.

In fact, as you are aware, the request was made on 25th August. The response that I received, not from Cornwall Council but from Cornwall Housing Ltd (a company unknown to me until I researched it), was on 9th September, requesting clarification. There is, of course, a question as to whether that was a valid response from the Council, as you are now claiming that it is not part of the Council. I was very slow in responding because I had assumed that the application was being processed and had not picked up the response. It was only on 21st October that I replied with what you might regard as clarification, but I only really re-iterated what I had provided in my original request.

At the very least, therefore, you should regard the 'clarification' as being the point at which the request was 'complete', and from when started to run. I have not made a new request and I strongly object to this being started ab initio.

Furthermore, you have not provided any responses to my questions as to how this matter is being handled. Please could I ask you to do so.

I understand that I have the right to request an 'internal review'. Please threat this as such.

Yours faithfully,

Alan Patterson

EGD - Freedom of Information, Cornwall Council

1 Atodiad

Information Classification: CONTROLLED

Dear Mr Patterson

 

Please see attached letter – please let me know if you have difficulty
opening the attachment.

 

Regards

 

Laura Orton, Senior Business Officer

Cornwall Council, Economic Growth and Development

[1][email address], Internal Tel: 423469, External Tel: 01726
223469

[2]www.cornwall.gov.uk ([3]http://www.cornwall.gov.uk/)| ‘Onen hag oll’

Room 105, St Austell Information Service, 39 Penwinnick Road, St Austell,
PL25 5DR

 

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address]. Please note that this e-mail may
be subject to recording and/or monitoring in accordance with the relevant
legislation and may need to be disclosed under the Freedom of Information
Act 2000 or the Environmental Information Regulations 2004. Security
Warning: It is the responsibility of the recipient to ensure that this
e-mail and any attachments are virus free. The Authority will not accept
liability for any damage caused by a virus.

References

Visible links
1. mailto:[email address]
2. http://www.cornwall.gov.uk/
3. http://www.cornwall.gov.uk/)|

Freedom Of Information Mail, Cornwall Council

Information Classification: CONTROLLED

Dear Mr Patterson,

Thank you for your email dated 9 November 2020.

I note your comments. Yesterday your email was clarified by the department who are dealing with your request. Once you have reply to this email to them and they have sent you your final response. You are welcome to submit a Internal Review request. However until this is completed we will be unable to process this Internal Review.

Kind regards

Marc

Marc Allen | Information Management Advisor Cornwall Council | Corporate & Information Governance | Assurance Service [email address] | Tel: 01872 322647 | Int: 492647 www.cornwall.gov.uk | ‘Onen hag oll’
4N, New County Hall, Treyew Road, Truro, Cornwall, TR1 3AY Please note I do not work Mondays Please can you use the [email address] email address for all future enquiries relating to the current covid-19 pandemic. This will enable the issues you have raised to be considered fully in line with the most recent guidance.

dangos adrannau a ddyfynnir

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywAlan Patterson mewngofnodwch a gadael i bawb wybod.