Gerlinde Gniewosz

Dear Lambeth Borough Council,

In relation to the Better Homes Board, please provide the following:
(i) all minutes, notes and documentation produced by and for the board in the past 4 years
(ii) provide a list of the members on the Better Homes Board
(iii) provide the documentation regarding the governance, terms of reference, etc of the board.

Yours faithfully,

Gerlinde Gniewosz

Richard Carter, Lambeth Borough Council

Information request
Our reference: IR106454

--------------------------------------------------------------------------

Dear Sir/Madam
 
Freedom of Information Act 2000    IR106454
 
Thank you for your request for information that was received on 31 March
2015.
 
The full detail of your request is as follows:
 
(i) all minutes, notes and documentation produced by and for the board in
the past 4 years
(ii) provide a list of the members on the Better Homes Board
(iii) provide the documentation regarding the governance, terms of
reference, etc of the board.
 
We are dealing with your request under the Freedom of Information Act 2000
and we aim to send a response by 30 April 2015 (which is 20 working days
beginning on the first working day after the date we received your
request).
 

Thank you for your interest in Lambeth Council.

Yours sincerely

Angela Burch
Customer Services Officer
Freedom of Information Team
London Borough of Lambeth
 
Tel. 020 7926 9694
E-mail: [1][email address]
website: [2]www.lambeth.gov.uk
 
Olive Morris House
London
SW2 1RD
 
 
Lambeth - the co-operative council 
Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

References

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1. mailto:[email address]
2. http://www.lambeth.gov.uk/

FOI team, Lambeth Borough Council

Information request
Our reference: IR106454

--------------------------------------------------------------------------

Dear Ms Gniewosz,
 
Freedom of Information Act 2000
 
Thank you for your request received on 31 March 2015.  You would like the
following information:
 
(i) all minutes, notes and documentation produced by and for the board in
the past 4 years
(ii) provide a list of the members on the Better Homes Board
(iii) provide the documentation regarding the governance, terms of
reference, etc of the board..
 

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.
Section 17(2) provides:
2) Where-
a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-

i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or

ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and

b) at the time when the notice under subsection (1) is given to the
applicant, the public  authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2, the notice
under subsection (1) must indicate that no decision as to the application
of that provision has yet been reached and must contain an estimate of the
date by which the authority expects that such a decision will have been
reached.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated, as we are
currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.

For your information we are considering the following exemptions:

 - S12 Time/Cost Limit

Section 12 (1) FOIA, does not oblige a public authority to comply with a
request for information if the authority estimates that the time or cost
of complying with the request would exceed the appropriate limit .  These
limits are currently 18 hours / £450.

 - S36 Prejudice to the effective conduct of public affairs

This exemption considers whether a qualified person within the Authority
is of the reasonable opinion that disclosure of this information would be
likely to prejudice the effective conduct of public affairs, i.e. the
affairs of the Council, which is a public authority under the FOIA.

I can now advise you that the amended date for a response is 01 June 2015.

May I apologise for any inconvenience caused.

 
If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review by
emailing: [Lambeth Borough Council request email] (Please quote the reference number above) or
by writing to:
 
Freedom of Information Officer
Corporate Affairs
Lambeth Town Hall
Brixton Hill
Brixton
SW2 1RW
 
 
Yours sincerely
 
 
Leah Nairne
Complaints & Information Officer
 
FOI team
London Borough of Lambeth
Website: [1]www.lambeth.gov.uk
 
Lambeth - a Co-operative Council
 
"This email (and/or attachment) may contain information that is legally
privileged.  If you have received this in error please notify the sender
immediately"
Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

References

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FOI team, Lambeth Borough Council

Information request
Our reference: IR106454

--------------------------------------------------------------------------

Dear Ms Gniewosz
 
Freedom of Information Act 2000
 
Please accept my apologies for the delay in responding to your request. 
Please be assured that your request is being considered, and I have made
the appropriate manager aware of the delay.
 
We will contact you again shortly.
 
Yours sincerely
 
 
L Nairne
Complaints & Information Officer
 
FOI team
London Borough of Lambeth
 
Website: [1]www.lambeth.gov.uk
 
Lambeth - a Co-operative Council
 
"This email (and/or attachment) may contain information that is legally
privileged.  If you have received this in error please notify the sender
immediately"

References

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Gerlinde Gniewosz

Dear FOI team,

Thanks for the update. Do you have an idea of when you will be able to respond?

Yours sincerely,

Gerlinde Gniewosz

Gerlinde Gniewosz

Dear Lambeth Borough Council,

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

I am writing to request an internal review of Lambeth Borough Council's handling of my FOI request 'Better Homes Board'.

The response is dreadfully long overdue.

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

Yours faithfully,

Gerlinde Gniewosz

FoI, Lambeth Borough Council

Dear Gerlinde,

Thank you for your email. I apologise that your case is overdue.

I have let your case worker know and you should receive a response soon.

Kind regards,

Georgia Russell
Customer Services Officer
Complaints Team
London Borough of Lambeth
Tel. 020 7926 9694
E-mail: [email address]
Website: www.lambeth.gov.uk

Olive Morris House
London
SW2 1RD

Lambeth - the co-operative council

NOTE: Please do not edit the subject line when replying to this email.

show quoted sections

FoI, Lambeth Borough Council

1 Attachment

Dear Ms Gniewoz,

 

Thank you for your recent request which is being handled under the Freedom
of Information Act and Environmental Information Regulations 2004, and has
been given reference number IR106454. I apologise for the delay in
responding to you.

 

Your request:

 

(i) all minutes, notes and documentation produced by and for the board in
the past 4 years

(ii) provide a list of the members on the Better Homes Board

(iii) provide the documentation regarding the governance, terms of
reference, etc. of the board.

 

Our response:

 

A list of Members and Terms of reference for the Better Homes Board is
attached.

 

In accordance with section 1(1)(a) of the FOI Act, Lambeth Council
confirms that it holds the information requested. Nevertheless, this
response constitutes a part Refusal Notice. 

 

We consider that information held on minutes, notes and documentation from
the Better Homes Board is exempt under Section 36 and Section 40 of the
Freedom of Information Act 2000.

 

Section 36 (Effective Conduct of Public Affairs)

 

Section 36 of the Freedom of Information Act 2000 provides an exemption
regarding the effective conduct of public affairs. Specifically Section
36(2) states:

 

Information to which this section applies is exempt information if, in the
reasonable opinion of a qualified person, disclosure of the information
under this Act-

 

(a) would, or would be likely to, prejudice-

 

(i) the maintenance of the convention of the collective responsibility of
Ministers of the Crown, or

 

(ii) the work of the Executive Committee of the Northern Ireland Assembly,

or

 

(iii) the work of the Cabinet of the Welsh Assembly Government.

 

(b) would, or would be likely to, inhibit-

 

(i) the free and frank provision of advice, or

 

(ii) the free and frank exchange of views for the purposes of
deliberation, or

 

(c) would otherwise prejudice, or would be likely otherwise to prejudice,
the effective conduct of public affairs.

 

Information may be exempt under Section 36(2)(b)(i) or (ii) if its
disclosure would, or would be likely to inhibit, the ability of public
authority staff and others to express themselves openly, honestly and
completely, or to explore extreme options, when providing advice or giving
views.

 

Prejudice to the effective conduct of public affairs, the exemption under
36(2)(c) refers to the effect on the public authority's ability to offer
an effective public service or to meet its wider objectives or purpose.

 

In considering the request we have applied the public interest test which
balances the arguments in favour of disclosure against the arguments in
favour of with-holding the information. In applying the Public Interest
Test we have considered that disclosure may:

 

·         Facilitate the accountability and transparency of public
authorities for decisions taken by them;

·         Facilitate accountability and transparency in the spending of
public money;

·         Allow individuals to understand decisions made by public
authorities affecting their lives and, in some cases, assist individuals
in challenging those decisions

 

We also considered that disclosure may:

 

·         Inhibit the ability of public authority staff and others to
express themselves openly, honestly and completely; or

·         To explore extreme options, when providing advice or giving
their views as part of the process of deliberation;

·         Inhibit the provision of advice or the exchange of views which
may impair the quality of the decision making by the public authority

·         The disruptive effects of disclosure, e.g. diversion of
resources in managing the effect of the disclosure

 

On balance, the interest in maintaining the exemption is best served by
not making the correspondence available to you.

 

Under section 36, the Corporate Director is the qualified person to apply
this exemption and it is his reasonable opinion that publication of the
correspondence would prejudice the free and frank provision of advice, the

free and frank exchange of views and the effective conduct of public
affairs.

 

Section 40(2) Third Party Personal Data

 

In accordance with section 1(1)(a) of the Freedom of information Act 2000,
Lambeth Council confirms that it holds the information requested.   We
consider that this is exempt under Section 40 of the Freedom of
Information Act 2000.

 

Section 40 Personal Data of the FOIA sets out an exemption from the right
to know if the information requested is personal information protected by
the Data Protection Act 1998 (DPA).  The personal data about third parties
are exempt under section 40(2), by virtue of the condition in subsection
40(3)(b) being satisfied, as disclosure to a member of the public
otherwise than under the FOIA would breach the first, second and possibly
the fourth data protection principles. 

 

Personal data is defined in Section 1(1) of the DPA as:

 

·         "personal data" means data which relates to a living individual
who can be identified from those data; or

·         from those data and other information which is in the possession
of, or is likely to come into the possession of, the data controller.

 

The Council has concluded that, in this instance, the information
requested contains third party personal data.  Under Section 40(2) of the
FOI Act, personal data is exempt from release if disclosure would breach
one of the data protection principles.  We consider the principle being
most relevant in this instance as being the first. This exemption is
absolute and is not subject to the public interest test.

 

In reaching this conclusion what we have borne in mind is that disclosure
of information under the Freedom of Information Act in effect entails
disclosure not only to the person requesting the information but also to
the public at large.

 

The Environmental Information Regulations (EIRs) apply to requests for
environmental information, which is a broad category of information
defined in regulation 2 of the EIRs. Public authorities are required to
handle requests for environmental information under the EIRs. They give
similar access rights to the Freedom of Information Act 2000 (FOIA).

 

Your request for information has now been considered and unfortunately, it
is not possible to meet you request. In accordance with Section 12(1) of
the Environmental Information Regulations 2004, this response acts as a
Refusal Notice.

 

The information you have requested is exempt in accordance with:

 

·         Regulation 14(4)(e) Internal Communications

·         Regulation 13 Personal data

 

Regulation 12(4)(e) - Internal Communications

 

The Council has determined that the information being redacted in part
where these internal discussions where, amongst other things, regeneration
is discussed;

 

As such the Council argues that the internal communications and minutes
should be withheld to maintain "a safe, internal, confidential, private
space (away from the public and hence external scrutiny) in which it is
able to discuss and determine such issues affecting it, in order to
facilitate full and frank deliberation and debate and permit high quality
decision making which is required for the sound performance of the Council
as a whole".

 

Public interest test considerations

 

I have considered whether the public interest in maintaining the exception
outweighs the public interest in disclosing the information. There are a
number of public interest arguments that weigh in favour of disclosing the
information you have sought:

·         The general proposition of maximising openness that the EIR and
the Council aspire to;

·         The benefits of ensuring transparent and accountable government
by disclosing how the Council receives and spends public money;

 

However, there are also public interest arguments against disclosure:

 

·         Releasing the requested information could prejudice the
Council's future decision making process, staff would be reluctant to have
free and frank discussions if all that is discussed is subject to scrutiny
with no safe space for 'blue sky thinking',  the requested information may
prejudice pending or future decisions which would be detrimental to the
Council.

 

The requested information also contains the personal data of other
people.  Regulation 13 Personal Data of EIR sets out an exception from the
right to know if the information requested is personal information
protected by the Data Protection Act 1998 (DPA).  The personal data about
third parties is exempt under Regulation 13(2)(a)(i), by virtue of
Regulation 13(3) being satisfied as disclosure to a member of the public
otherwise than under EIR would breach the first, second and possibly
fourth data protection principles.

 

Personal data is defined in Section 1(1) of the DPA as:

 

·         "personal data" means data which relates to a living individual
who can be identified from those data; or

·         From those data and other information which is in the possession
of, or is likely to come into the possession of, the data controller.

 

The Council has concluded that, in this instance, the information
requested contains third party data.  Under Regulation 13(2)(a)(i),
personal data is exempt from release if  disclosure would breach one of
the data protection principles.  We consider the principle being most
relevant in this instance as being the first.  This exception is absolute
and is not subject to a public interest test.

 

In reaching this conclusion what we have borne in mind is that disclosure
of information under the EIR in effect entails disclosure not only to the
person requesting the information but the public at large.  In reaching
this decision we have considered the general public interest in being open
and transparent. 

 

However, except for that personal data that is already in the public
domain, the officers who details have been withheld are not public facing,
as such it is difficult for us to find a compelling argument for
disclosure of their name and email addresses in this instance.

 

I am sorry that your request is not being met in full on this occasion.
This correspondence constitutes a Part Refusal Notice under the FOI/EIR
Acts.

 

If you would still like to request an internal review, please tell us why
you are unhappy with our response within 40 working days, and it will be
looked at afresh. We will aim to provide you with our review response
within 20 working days.

 

By email: [Lambeth Borough Council request email] (Please quote the reference number above) or
by writing to:

 

Freedom of Information

Olive Morris House Brixton Hill

London

SW2 1RD

 

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Enquiry line: 0303 123 1113

 

Thank you for your interest in Lambeth Council.  I apologise once again
for the delay in responding to your request.

 

Yours sincerely

 

L Nairne

Complaints and Information Officer

Corporate Complaints Unit

Corporate Affairs

Enabling Cluster

London Borough of Lambeth

Website: [1]www.lambeth.gov.uk

 

Lambeth Town Hall

Brixton Hill

SW2 1RW

 

Lambeth - the cooperative council

 

 

This email (and/or attachments) may contain information that is legally
privileged.  If you have received this in error please notify the sender
immediately.

 

 

 

 

References

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1. http://www.lambeth.gov.uk/

Gerlinde Gniewosz

Dear Lambeth Borough Council,

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

I am writing to request an internal review of Lambeth Borough Council's handling of my FOI request 'Better Homes Board'.

Firstly, you have not provided the current membership of the board. For example, Cllr Robbins listed is no longer a councillor. Please provide a current membership list.

Secondly, I am requesting an internal review for the rejection to provide the minutes, notes and documentation from the board. The board is a decision making and monitoring board as per the terms of reference. Consequently, it is in the best interests of the public to disclose the minutes that show the decisions that it makes and the rationale behind those decisions. It is not a working team or project team.

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

Yours faithfully,

Gerlinde Gniewosz

Internal review team, Lambeth Borough Council

Information request
Our reference: IR106454

--------------------------------------------------------------------------

Dear Sir/Madam
 
Thank you for your request for a review received on 12 June 2015. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000 and Environmental Information
Regulations 2004
Please quote your case reference number, IR106454, in any further
correspondence about to this Internal Review request. 
The Council anticipates responding within a period of 20 working days
following the date of receipt; in this case that date is 10 July 2015.

 

Please send Freedom of Information requests / Internal Review Requests to
[1][Lambeth Borough Council request email]

 

Thank you for your interest in Lambeth Council.

 

Yours sincerely

 

Richard Carter
Freedom of Information Co-ordinator
Freedom of Information Team
London Borough of Lambeth
 
Tel. 07854 272 383
E-mail: [2][Lambeth Borough Council request email]
website: [3]www.lambeth.gov.uk
 
Room 210
Lambeth Town Hall
London
SW2 1RW
 
 
Lambeth - the co-operative council

References

Visible links
1. mailto:[Lambeth Borough Council request email]
2. mailto:[email address]
3. http://www.lambeth.gov.uk/

Internal review team, Lambeth Borough Council

Information request
Our reference: IR106454

--------------------------------------------------------------------------

Dear Sir/Madam
 
Freedom of Information Act 2000 and Environmental Information Regulations
2004
 
Thank you for your request for internal review request
reference, IR106454.  I am writing to advise you that this will now be
handled under the Environmental Information regulations 2004 and that the
time limit for
responding to your request for information needs to be extended.

The Regulations allow us 20 working days to respond to your request from
the date of its receipt. However, it is occasionally necessary to extend
the 20-working-day time limit for issuing a response. In this case, I
regret that we must extend the time limit for responding by 20 working
days because of the complexity and volume of the request.

I hope to let you have a response by 7 August 2015

If you are dissatisfied with the way in which your Environmental
Information Request request has been dealt with you can request an
internal review. Tell us why you are unhappy with our response within 40
working days, and it will be looked at afresh. We will aim to provide you
with our review response within 20 working days.

By email: [1][Lambeth Borough Council request email] (Please quote the
reference number above)
or by writing to:
Freedom of Information
Olive Morris House Brixton Hill
London
SW2 1RD
If you remain dissatisfied

 

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Environmental Information Regulations.

The Commissioner can be contacted at the following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 0303 123 1113

Thank you for your interest in Lambeth Council.

Yours sincerely

Richard Carter

Freedom of Information Co-ordinator
 
FOI team

London Borough of Lambeth

 

Tel.  07854 272 383

E-mail [[1]email address]

Website: [2]www.lambeth.gov.uk

References

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1. https://www.whatdotheyknow.com/help/offi...

Internal review team, Lambeth Borough Council

Information request
Our reference: IR106454

--------------------------------------------------------------------------

Dear Sir/Madam
 
Freedom of Information Act 2000 and Environmental Information Regulations
2004
 
This is a quick email to update you on progress and that I am aiming to
provide the information in response to your FOI review request by the end
of this week. 
 
I have identified the documents using the key terms you have suggested.
 
1.         Cressingham Gardens regeneration

2.         Any funding structures, e.g. Special Purpose Vehicle

3.         Any other topic that has an impact on Cressingham Gardens

 Thank you for your patience.Yours faithfully

 
 
Richard Carter
Freedom of Information Co-ordinator
 
Internal review team
London Borough of Lambeth
 
Tel. 07710 026 240 
E-mail [email address]
Website: [1]www.lambeth.gov.uk
 
Lambeth - a Co-operative Council
 
"This email (and/or attachment) may contain information that is legally
privileged.  If you have received this in error please notify the sender
immediately"

References

Visible links
1. http://www.lambeth.gov.uk/

Carter,Richard, Lambeth Borough Council

26 Attachments

Dear Ms Gniewoscz

 

I apologise for the delay in sending through.

 

Please find attached response to your EIR Review request attaching the
Better Homes Board agendas, minutes and related agenda items.

 

Kind regards

Richard Carter

FOI Co-ordinator

Corporate Complaints Unit

Corporate Affairs

Enabling

London Borough of Lambeth

 

mobile: 07710 026 240

email: [1][email address]

website: [2]www.lambeth.gov.uk

 

2nd Floor

Olive Morris House,

Brixton Hill,

London SW2 1RL

 

 

Lambeth - a cooperative council

 

"This email (and/or attachments) may contain information that is legally
privileged.  If you have received this in error please delete all content
and notify the sender immediately."

 

 

 

Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

References

Visible links
1. mailto:[email address]
2. http://www.lambeth.gov.uk/
http://www.lambeth.gov.uk/

Dear Lambeth Borough Council,

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

I am writing to request an internal review of Lambeth Borough Council's handling of my FOI request 'Better Homes Board'.

Please remove the redactions from the documentation provided.

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

Yours faithfully,

Gerlinde Gniewosz

Internal review team, Lambeth Borough Council

Information request
Our reference: IR106454

--------------------------------------------------------------------------

Dear Sir/Madam
 
Freedom of Information Act 2000 and Environmental Information Regulations
2004
 
I can confirm that you have exhaused the Council's internal review
process.

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Enquiry line: 0303 123 1113

 

Thank you for your interest in Lambeth Council.

 

  
Yours faithfully
 
 
Richard Carter
Freedom of Information Co-ordinator
 
Internal review team
London Borough of Lambeth
 
Tel.07710 026 240
E-mail [email address]
Website: [1]www.lambeth.gov.uk
 
Lambeth - a Co-operative Council
 
"This email (and/or attachment) may contain information that is legally
privileged.  If you have received this in error please notify the sender
immediately"

References

Visible links
1. http://www.lambeth.gov.uk/

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