Number of complaints against Ross & Liddell

Roedd y cais yn rhannol lwyddiannus.

Dear Housing and Property Chamber First-tier Tribunal for Scotland,

I would be grateful if you could advise of the number of complaints you have received within the last five years against the property factors Ross & Liddell and how many of these have been upheld,

Yours faithfully,

Alan Finlayson

Foi, Housing and Property Chamber First-tier Tribunal for Scotland

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www.scotcourtstribunals.gov.uk

HPCAdmin,

Dear Mr Finlayson

 

Freedom of Information (Scotland) Act 2002 (FOISA)

 

Thank you for your request for information which was received by the
Scottish Courts and Tribunals Service (SCTS) on 08 May 2021.

 

You have requested the number of complaints the First-tier Tribunal for
Scotland (Housing and Property Chamber) have received within the last five
years against the Property Factors, Ross & Liddell. You have also
requested how many of these have been upheld.

 

Your request is currently being considered and a response will be sent to
you as soon as possible and in any event not later than 07 June 2021.

 

Yours sincerely

 

Kyle McGrath - Operations Manager

Scottish Courts & Tribunals Service

Glasgow Tribunals Centre,

20 York Street,

Glasgow,

G2 8GT

             

Tel: 0141 302 5900

Email: [email address]

 

DX: DX 551943, GLASGOW 42 

Website: http://www.scotcourts.gov.uk

 

 

dangos adrannau a ddyfynnir

Dear Mr Finlayson

 

Freedom of Information (Scotland) Act 2002 (FOISA)

 

Thank you for your request for information which was received by the
Scottish Courts and Tribunals Service (SCTS) on 13 May 2021. You have
requested the number of complaints the First-tier Tribunal for Scotland
(Housing and Property Chamber) have received within the last five years
against the Property Factors, Ross & Liddell. You have also requested how
many of these have been upheld.

 

We do endeavour to provide information whenever possible. However, I must
refuse the first part of your request (the number of complaints the
First-tier Tribunal for Scotland - Housing and Property Chamber - have
received within the last five years against the Property Factors, Ross &
Liddell) in terms of section 37(1) of FOISA – court/tribunal records.

 

By way of explanation, information on who the respondents are in an
application made to the Housing & Property Chamber is only contained
within the tribunal records themselves for each case. Namely, within the
application paperwork which is submitted, and in documents created by
tribunal administrative staff for the purposes of tribunal proceedings.

 

I can confirm that this information has only come to be held by the SCTS
solely because it is contained within these documents lodged with the
tribunal for the purposes of tribunal proceedings, and, in documents
created by tribunal administrative staff for the purposes of tribunal
proceedings. This information has not come to be held by the SCTS for any
other reason.

 

Therefore the information within these records is exempt from disclosure
due to the exemption within Section 37(1) of FOISA (Court Records etc.).
As such we are not obliged to provide statistics built from or drawn from
exempt content. As set out in section 2 of FOISA this is an absolute
exemption and is therefore not subject to the public interest test.

The reason for section 37 is to preserve the courts and tribunals control
over court and tribunal records. It was not the intention that FOISA
should provide indirect access to information in these records; the
greater public interest was considered to lie in the preservation of the
courts' and tribunals' own procedures for considering disclosure. The
rules of the tribunal already provide a comprehensive code governing the
disclosure of tribunal records and documents served in the course of
proceedings.

 

The First-tier Tribunal for Scotland (Housing and Property Chamber)
publishes all decisions on its website – including any property factor
enforcement orders made and their terms. The website contains various
search functions that allow anyone to search for parties of interest.
These can be accessed at the following link:

 

[1]https://www.housingandpropertychamber.sc...

 

As this information is publicly available online I must therefore refuse
the second part of your request (how many of these have been upheld) in
terms of section 25 of FOISA – information otherwise accessible.

 

I am sorry I have not been able to assist further in this matter. If you
should feel dissatisfied with this decision or the manner in which your
request has been handled, the Act provides for a review process to be
conducted. Should you wish to take advantage of this process you may apply
in writing for a review. Your request should provide details of why you
wish a review to be carried out and should be made within 40 working days
of receipt of this letter to:-

 

The Freedom of Information Officer

Scottish Courts and Tribunals Service

Saughton House

Broomhouse Drive

Edinburgh

EH11 3XD

 

[2][Housing and Property Chamber First-tier Tribunal for Scotland request email]

 

Following that review should you still feel dissatisfied, you have the
right to lodge an appeal with the Scottish Information Commissioner either
online:

 

[3]http://www.itspublicknowledge.info/YourR...

 

Yours sincerely

 

Paul Stewart

Operations Manager - Glasgow

 

Scottish Courts & Tribunals Service

Glasgow Tribunals Centre,

20 York Street,

Glasgow,

G2 8GT

             

Tel: 0141 302 5900

Email: [email address]

 

DX: DX 551943, GLASGOW 42 

Website: http://www.scotcourts.gov.uk

 

dangos adrannau a ddyfynnir