Response to Request for Information
Empty/Disused, Schools/Community Buildings in and around Wolverhampton
City Council
This request is being handled under the Freedom of Information Act 2000.
Request:
Under the Freedom of Information Act 2000, I would like to request a list of all
Empty/Disused buildings in the area that you hold. This is to include, names,
addresses; and use type
This would mean all buildings that are unoccupied, abandoned, and/or derelict, this
includes Business buildings, Schools, and Healthcare buildings etc; owned by
Wolverhampton City Council.
I can confirm that Wolverhampton Council holds the information you requested.
However we are withholding that information since we consider that the
following exemptions apply to it.
Section 17 of the Freedom of Information Act 2000 requires City of Wolverhampton
Council, when refusing to provide such information (because the information is
exempt) to provide you, the applicant with a notice which:
(a) states the fact,
(b) specifies the exemption in question and
(c) states (if that would not otherwise be apparent) why the exemption applies:
In relation to your particular request, the following exemptions applies:
Section 31 – Law Enforcement
We are satisfied that the prejudice or harm that is specified in the exemption in Section
31(a) – the prevention or detection of crime – either would or would be likely to occur if:
The information were to be disclosed and clearly relates to the interests which the
exemption is designed to protect. Therefore, the exemption is engaged for the
addresses of the properties that are subject to this request.
We are satisfied that the disclosure of a list of empty properties would provide those
intent on committing crimes associated with such properties an easy way to identify
them and therefore there is a causal relationship between disclosure of the withheld
City of Wolverhampton Council
wolverhampton.gov.uk
Civic Centre, St. Peter's Square,
Wolverhampton,
@WolvesCouncil
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WolverhamptonToday
information and the prevention of crime. The resultant prejudice that would occur is
one that can be categorised as one that would be real, actual and of substance.
Publication of the addresses of empty residential properties within the City of
Wolverhampton would place them at a significantly higher risk of being the subject of
crime and disorder for example, risk of burglary, theft, arson, criminal damage,
squatting and drug related offences.
We are satisfied that a disclosure of the information would be likely to prejudice the
prevention and detection of crime. We are mindful that disclosures under the FOI Act
are considered to be to the whole world and not just the requester.
Therefore, if the information were to disclose details of empty private properties within
Wolverhampton it could be used by individuals with criminal intent.
Public interest considerations favouring disclosure
• There is public interest in transparency and accountability of the department,
• Disclosure may promote public understanding
• There is public interest in good decision-making by public bodies
• Consideration of recent decisions by the Information Commissioner’s Office
related to the disclosure of information in respect of empty properties
•
Requested addresses could potentially assist in returning the properties to use if
interested parties were able to use the list to easily identify empty houses with the
City
Public interest considerations favouring withholding the information
• There is an inherent public interest in crime prevention. To disclosure the
addresses would aid individuals to commit crimes for example burglary, theft,
arson, criminal damage and drug related offences.
•
The impact of crime on the individuals who own the properties
•
The impact of crime and disruption to neighbours and neighbouring properties of
crimes committed in the empty properties
•
The impact of crime and disruption on the residents of the surrounding areas
where crimes are committed in and around empty properties
•
Possibility of squatting and the use of this list by squatters to identify properties to
squat in
•
The financial cost that such activity incurs to the Police and Public Authorities.
•
Reasonable expectation of those whose data it is that the information would not
be disclosed, the purpose for which it was collected and a general loss of privacy.
We have concluded that the public interest in the disclosure of the information is firmly
outweighed by maintaining the exemption and as a consequence we are withholding
the information sought in respect of both empty residential properties owned by
City of Wolverhampton Council
wolverhampton.gov.uk
Civic Centre, St. Peter's Square,
Wolverhampton,
@WolvesCouncil
WV1 1SH
WolverhamptonToday
individuals and non-individuals. In coming to this conclusion, we have also considered
previous decisions (FS50623497 Hertsmere Borough Council and FS50538789 Stoke
on Trent) made by the Information Commissioner’s Office that have upheld the decision
to withhold the information.
This response therefore acts as a refusal notice under section 17 of the FoIA.
Please quote the reference number 4541969 in any future communications.
If you are dissatisfied with the handling of your request, you have the right to ask for an
internal review. Internal review requests should be submitted within two months of the
date of receipt of the response to your original letter and should be addressed to:
Information Governance Team
Governance
City of Wolverhampton Council
Civic Centre
St. Peter's Square
Wolverhampton WV1 1SH
Email: xxx@xxxxxxxxxxxxx.xxx.xx
If you are still dissatisfied with the Council’s response after the internal review you have
a right of appeal to the Information Commissioner, contact details can be found on their
website:
www.ico.org.uk
I will now close your request as of this date.
City of Wolverhampton Council
wolverhampton.gov.uk
Civic Centre, St. Peter's Square,
Wolverhampton,
@WolvesCouncil
WV1 1SH
WolverhamptonToday
