Accommodation available and offered to homeless households on 11-12 February 2025

Waiting for an internal review by Lewisham Borough Council of their handling of this request.

Dear Lewisham Borough Council,

Can you please provide the below information about the temporary accommodation and private sector accommodation that was available and offered under Part VII Housing Act 1996, on: 11th and 12th February 2025.

This request is only about the availability of self-contained accommodation with 1-bedroom.

Q1) For each 1-bedroom temporary accommodation unit available to let/offer by the council on 11th and 12th February 2025, please provide: a) the postcode* (b) the date of availability, ie. whether 11th or 12th February 2025 c) whether it was available as temporary accommodation or private rented accommodation

Q2) For each 1-bedroom temporary accommodation unit actually offered by the council to a homeless household on 11th and 12th February 2025, please provide: a) the postcode* (b) the date of the offer, ie. whether 11th or 12th February 2025 c) whether it was offered as temporary accommodation or private rented accommodation d) the locational priority of the household in accordance with the council's placement policy

* if the full postcode cannot be provided, we ask that the 4 digit postcode is provided eg. "SE6 4"

Yours faithfully,

Jo Staines

Foi, Customer, Lewisham Borough Council

Dear Jo Staines,

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No: 29478241

Your request is being considered and you will receive a response within the statutory timescale of 20 working days, subject to the application of any exemptions. Where consideration is being given to exemptions the 20 working day timescale may be extended to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the information requested where the request exceeds the statutory limit or where disbursements exceed £10. In such cases you will be informed in writing and your request will be suspended until we receive payment from you or your request is modified and/or reduced.

Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred.

If we are unable to provide you with the information requested we will notify you of this together with the reason(s) why and details of how you may appeal (if appropriate).

Please note that the directorate team may contact you for further information where we believe that the request is not significantly clear for us to respond fully.

Kind regards

FOI Team
Information Security & Governance
Chief Executive’s Directorate
Lewisham Council

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Foi, Customer, Lewisham Borough Council

Dear Jo Staines,

Re: Freedom of Information Act 2000

Environmental Information Regulations 2004

Reference No: 29478241

Thank you for your request for information held by London Borough of
Lewisham. Please find below, a copy of your request and our response.

Q1) For each 1-bedroom temporary accommodation unit available to let/offer
by the council on 11th and 12th February 2025, please provide: a) the
postcode* (b) the date of availability, ie. whether 11th or 12th February
2025 c) whether it was available as temporary accommodation or private
rented accommodation

Q2) For each 1-bedroom temporary accommodation unit actually offered by
the council to a homeless household on 11th and 12th February 2025, please
provide: a) the postcode* (b) the date of the offer, ie. whether 11th or
12th February 2025 c) whether it was offered as temporary accommodation or
private rented accommodation d) the locational priority of the household
in accordance with the council's placement policy

* if the full postcode cannot be provided, we ask that the 4 digit
postcode is provided eg. "SE6 4"

We are unable to disclose the information requested as this will
constitute an attempt to glean personal information relating to a single
property and the personal information of individual allotted for the
property in question. We  therefore apply Section 40 of the Freedom of
Information Act 2000, ’Personal information’, to your request.

Section 40 states:

(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.

(2) Any information to which a request for information relates is also
exempt information if-

(a) it constitutes personal data which do not fall within subsection (1),
and

(b) either the first or the second condition below is satisfied.

(3) The first condition is-

(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene-

(i) any of the data protection principles, or

(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and

(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the Data
Protection Act 1998 (which relate to manual data held by public
authorities) were disregarded.

(4) The second condition is that by virtue of any provision of Part IV of
the Data Protection Act 1998 the information is exempt from section
7(1)(c) of that Act (data subject's right of access to personal data).

(5) The duty to confirm or deny-

(a) does not arise in relation to information which is (or if it were held
by the public authority would be) exempt information by virtue of
subsection (1), and

(b) does not arise in relation to other information if or to the extent
that either-

(i) the giving to a member of the public of the confirmation or denial
that would have to be given to comply with section 1(1)(a) would (apart
from this Act) contravene any of the data protection principles or section
10 of the Data Protection Act 1998 or would do so if the exemptions in
section 33A(1) of that Act were disregarded, or

(ii) by virtue of any provision of Part IV of the Data Protection Act 1998
the information is exempt from section 7(1)(a) of that Act (data subject's
right to be informed whether personal data being processed).

(6) In determining for the purposes of this section whether anything done
before 24th October 2007 would contravene any of the data protection
principles, the exemptions in Part III of Schedule 8 to the Data
Protection Act 1998 shall be disregarded.

(7) In this section-

"the data protection principles" means the principles set out in Part I of
Schedule 1 to the Data Protection Act 1998, as read subject to Part II of
that Schedule and section 27(1) of that Act;

"data subject" has the same meaning as in section 1(1) of that Act;

"personal data" has the same meaning as in section 1(1) of that Act.

This acts as an exemption notice. We have applied this exemption as
Section 40 (2). It is important to remember that when information is
released under the Freedom of Information Act 2000, it is considered
released to the wider public. Any such disclosure of personal information
would not be compliant with the provisions of the Data Protection Act
1998. We confirm that or chose to neither confirm or deny if the
information is held.

This is an absolute exemption and therefore does not require the balancing
of the public interests.

We hope you will find this information helpful.

You are free to use the information provided for your own purposes,
including any non-commercial research you are doing and for the purposes
of news reporting. Any other re-use, for example commercial publication,
requires the permission of the copyright holder. You may apply for
permission to re-use this information by submitting a request to [1][email
address]

You have a right of appeal against this response which you can exercise by
writing to: [2][email address]

This must be requested within 40 working days of the date of this
response.

If you are still dissatisfied after our internal review, you can complain
to the [3]Information Commissioner’s Office (ICO). You should make
complaints to the ICO within six weeks of receiving the outcome of an
internal review. The easiest way to lodge a complaint is through their
website: [4]www.ico.org.uk/foicomplaints.

Postal address: Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

Yours sincerely

FOI Team

Information Security and Governance Team

Chief Executive’s Directorate

Lewisham Council

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Dear Lewisham Borough Council,

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

I am writing to request an internal review of Lewisham Borough Council's handling of my FOI request 'Accommodation available and offered to homeless households on 11-12 February 2025'.

The request was refused in full under the s.40 personal data exemption. I do not believe this exemtpion applies ot the request.

At no point is it ever explained how the request constitutes 'personal data'. This is unlawful, and the council need to provide an explanation and detail of how this could be personal data. As Iam not asking for any actual addresses (or even full postcodes), this cannot be 'personal data'.

Secondly, the council have previously answered the same request (ref: 27093113) by giving 'top-level postcodes', showing that they did not previously consider this to be personal data. The council should have done atleast the same in this instance, and provided 'top level' postcodes.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

Jo Staines

Foi, Lewisham Borough Council

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Dear Jo Staines

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No:- 29326173-Appeal

Thank you for your email and sorry for the delay in responding to you

We acknowledge receipt of your appeal of our response to your information request. We will now undertake a review of our original response. We will endeavour to respond to you as soon as possible and within 20 working days.

Yours sincerely

FOI Appeals Manager
Information Security and Governance Team
Chief Executive’s Directorate
Lewisham Council

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