Clarification of BHSCH Payment of Service Charges, Major Works Costs and Ground Rent to BHCC

The request was refused by Brighton and Hove City Council.

Dear Brighton and Hove City Council,

On 4.5.16 I submitted the following request:

Please advise how much has been paid in Major Works Costs, Service Charges, and Ground Rent by Brighton and Hove Seaside Community Homes to BHCC for properties in the blocks of flats listed below from the date indicated until 1 April 2016. All blocks are on the Bristol Estate.
Bluebell (18.9.15)
Clematis (1.6.12)
Thyme (17.3.14)

The information was refused on the grounds of cost and my request for an internal review, 12.7.16, followed by a reminder on 2 November 2016 did not receive a response.

The Chief Executive of BHSCH has recently stated at a Leaseholder Action Group meeting that “Seaside Homes” pay BHCC a fixed charge to cover all works. In addition, having perused the Master Lease for the BHSCH properties, I find that the Ground Rent is a peppercorn. It would therefore appear that given my request for information concerns only three flats the information requested should be easily accessible.

I would like the information up to 1.4.17 and would be grateful if it is at all possible to explain the reasoning behind the original refusal

Yours truly,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

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Freedom Of Information, Brighton and Hove City Council

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Dear Mr Parry,

Due to the time that has expired since the original request was made I will be treating this as a new FOI. If you need to refer to this FOI in the future please use the reference FOI 8783.

In regards to your query about the reasoning for refusal this was explained in the original response, see attached.

Kind regards,

James McLaughlin
Information Governance Officer I Information Governance Team I IT & Digital

01273 295959 I Monday-Friday 8am-4pm
[Brighton and Hove City Council request email]

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Dear Freedom Of Information,

Clarification of BHSCH Payment of Service Charges, Major Works Costs and Ground Rent to BHCC. (FOI requests 6405 and 8783.)

I must point out that this request for information was first made 4,5,16.

I did not respond to your most recent email of 28.9.17 allocating the request a new reference as I did not wish to make the assumption that your decision had been taken purely to establish a new timetable for your response as required by law. I had hoped that you would ensure a a reply to the request would be forthcoming as soon as possible. I had even hoped that there was the possibility of being informed why no response had been provided to my request for an Internal Review of 12.7.16 or to my reminder of your legal responsibilities of 2.11.16. Sadly this was not to be.

Once again I must ask if you could indicate when a response is likely to be forthcoming and remind you that, by law. the authority should normally respond promptly.

Yours truly,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

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Freedom Of Information, Brighton and Hove City Council

Dear Mr Parry,

We apologise for the delay in responding to your request. We have sent a reminder to the Council team collating this information for you. Having looked back in regards to the internal review it appears that this was sent to Anne Cameron whom at the time was the person who dealt with such requests. However she has since left the council and unfortunately your request for an internal review appears to have been overlooked.

The reason for the new FOI reference was due to the time period that had expired since hearing anything since the previous FOI.

However even with the additional 20 working days the team should have responded by the 25/10/2017 and so I apologise for the lack of a reply.

I am currently chasing the team and hope too get back to you soon.

Kind Regards,

James McLaughlin
Information Governance Officer I Information Governance Team I IT & Digital

01273 295959 I Monday-Friday 8am-4pm
[Brighton and Hove City Council request email]

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Dear Freedom Of Information,
'Clarification of BHSCH Payment of Service Charges, Major Works Costs and Ground Rent to BHCC'
Many thanks for your email of 26 October.

I look forward to hearing from you

Yours truly,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

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[1]Freedom of Information – Brighton & Hove City Council  

 

 

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Council

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Freedom Of Information, Brighton and Hove City Council

Please find set out below the information in response to the above
request, Apologies for the delay:

 

Please advise how much has been paid in Major Works Costs, Service
Charges, and Ground Rent by Brighton and Hove Seaside Community Homes to
BHCC for properties in the blocks of flats listed below from the date
indicated until 1 April 2017. All blocks are on the Bristol Estate.

 

Bluebell (18.9.15)

Clematis (1.6.12)

Thyme (17.3.14)

 

 

Fees Received in Fees Received in Fees Received in Fees Received in Fees Received in
2012/13 2012/13 2012/13 2012/13 2012/13
Property Start Date Major Major Major Major Major Total Fees
Cyclical Repairs Cyclical Repairs & Cyclical Repairs & Cyclical Repairs & Cyclical Repairs &
Maintenance & Maintenance Renewals Maintenance Renewals Maintenance Renewals Maintenance Renewals
Renewals
Bluebell 18/09/2015 £0.00 £0.00 £0.00 £0.00 £0.00 £0.00 £295.69 £635.77 £567.43 £1,220.04 £2,718.93
Clematis 01/06/2012 £404.48 £869.69 £504.43 £1,084.61 £524.61 £1,128.00 £545.60 £1,173.12 £567.43 £1,220.04 £8,022.01
Thyme 17/03/2014 £0.00 £0.00 £19.78 £42.53 £524.61 £1,128.00 £545.60 £1,173.12 £567.43 £1,220.04 £5,221.12
Totals   £404.48 £869.69 £524.21 £1,127.14 £1,049.22 £2,256.00 £1,386.89 £2,982.01 £1,702.29 £3,660.12 £15,962.05

Notes:

-          BHCC does not receive ground rent from Seaside Homes

 

 

 

Should you have any further queries about this request, please contact us
via email to [1][Brighton and Hove City Council request email] quoting the
reference number given above.

 

If you are not satisfied with the handling of your request, you can appeal
(Internal Review) within 2 months of the completed FOI. Write to:

 

Freedom of Information Appeals

Brighton & Hove City Council

ICT 4th Floor

Bartholomew House

Bartholomew Square

Hove BN1 1JE

[2][Brighton and Hove City Council request email]

 

If you are still not satisfied after your Internal Review has been
investigated, you can escalate your complaint to the Information
Commissioners Office. The contact details are:

 

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Helpline: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

e-mail: [3][email address]

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Dear Freedom Of Information,
Thank you for the information on Bluebell, Clematis, and Thyme.

Unfortunately you did not reply to that element of the request regarding an explanation of the reasoning behind the original refusal

Yours truly,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

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information, we will respond to you directly.

 

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obligation to respond to your request no later than 20 working days
following the date of receipt.

 

You can find more information about the FOI process on the Council website
through the following link;

 

[1]Freedom of Information – Brighton & Hove City Council  

 

 

Regards,

 

Information Governance Team | 01273 295959 | [2]Brighton & Hove City
Council

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Freedom Of Information, Brighton and Hove City Council

Dear Mr Parry,

This was disclosed at the time of the request and a section 12 exemption was applied, see below.

"Section 12 of the Freedom of Information Act states that a public authority is not obliged to comply with a request for information if the estimated cost of doing so would exceed the “appropriate limit”. This is set at £450 for Local Authorities (or the equivalent of 18 hours of staff time) in the Freedom of Information and Data Protection (Appropriate Limits and Fees) Regulations 2004 (the Fees Regulations). The appropriate limit applies to the tasks specified in the Regulations: determining whether the information is held, locating it, retrieving it and extracting it. The Council’s Freedom of Information Policy sets out our approach to dealing with requests which are estimated to exceed the appropriate limit.

In this case the Council has one account for Brighton and Hove Seaside Community Homes and the payments for the costs of all properties they own are made via account code. The costs are not split up into accounts for the individual flats. So in order to answer your enquiry would mean that each of the flats in each of the blocks that are owned by Brighton and Hove Seaside Community Homes would have to be extracted and gone through manually, line by line to see which payments have been made for each of the headings of your request. It is further unclear whether we would be able to actually extrapolate the information as you have requested it given that the payments are made across the board on all the properties that they own.

Given this the Council is refusing your request.

This completes the council’s response to your information request."

Kind regards,

James McLaughlin
Information Governance Officer I Information Governance Team I IT & Digital

01273 295959 I Monday-Friday 8am-4pm
[Brighton and Hove City Council request email]

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Dear Freedom Of Information,
Thank you for the reply.

I am obviously aware of the response at the time and your claim that Section 12 applied. However as a result of information released on the direction of the ICO in relation to Case Reference FS50654401 it is now known that Section 12 was not applicable as the charges were at a fixed standard rate. I an therefore still unaware of why the initial request for information was refused

Yours truly,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

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Freedom Of Information, Brighton and Hove City Council

Dear Mr Parry,

Thank you for your email.

As this request has been responded too and you are already aware of the original reason for not disclosing and as you have stated already have the result of the information released from the ICO there is no further information that can be provided.

Please note that this FOI is now closed and your comments below no longer fall within the remit of the FOI act which is for recorded information held by the council, which you now have.

Kind regards,

James McLaughlin
Information Governance Officer I Information Governance Team I IT & Digital

01273 295959 I Monday-Friday 8am-4pm
[Brighton and Hove City Council request email]

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Dear Brighton and Hove City Council,

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

I am writing to request an internal review of Brighton and Hove City Council's handling of my FOI request 'Clarification of BHSCH Payment of Service Charges, Major Works Costs and Ground Rent to BHCC'.

If incorrect information, perhaps even false information, is provided in response to an FOI request it is surely reasonable to expect an explanation as to why such information was given.

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

Yours truly,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

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following the date of receipt.

 

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[1]Freedom of Information – Brighton & Hove City Council  

 

 

Regards,

 

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Council

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Freedom Of Information, Brighton and Hove City Council

Please find set out below the information in response to the above
request:

 

Dear Mr Parry,

 

Thank you for your request for an Internal review.

 

However the information that you have requested has been provided and
therefore we shall not be carrying out an internal review. Your reasoning
for doing so is based on a decision the council made over a year ago for
FOI 6405 and hence is not relevant to the response provided for FOI 8783.

 

Please note that this matter is now closed.

 

 

You can escalate your complaint to the Information Commissioners Office.
The contact details are:

 

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Helpline: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

e-mail: [1][email address]

Website: [2]www.ico.org.uk

 

 

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example, by making multiple copies, publishing and issuing copies to the
public. Brief extracts of the material can be reproduced under the “fair
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Dear Freedom Of Information,

I find it quite disturbing that political factors can determine if and how a corporate body responds to requests for information of a purely factual nature. This is of far greater importance when the "body" involved is, in theory, a servant of the people who elect and fund it.

Unfortunately I have no option other than to approach the ICO due to the refusal to carry out your statutory responsibilities

Yours truly

Steve Parry

Freedom Of Information, Brighton and Hove City Council

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obligation to respond to your request no later than 20 working days
following the date of receipt.

 

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through the following link;

 

[1]Freedom of Information – Brighton & Hove City Council  

 

 

Regards,

 

Information Governance Team | 01273 295959 | [2]Brighton & Hove City
Council

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STEVE PARRY left an annotation ()

This has now been submitted to the ICO with the following covering note:

Brighton and Hove City Council originally refused this request (FOI requests 6405 and 8783.) on the basis that a section 12 exemption applied. As a result of an ICO Decision relating to a separate request (Case Reference FS50654401) it was clear that Section 12 did not apply and could not have applied at the time of the initial refusal. It should be noted that this request was originally submitted 4.5.16.

The Section 12 exemption was not disputed at the time as the facts concerning the holding of information and the nature of the information itself (as being accessible without difficulty) only became available as a result of action by the ICO at a much later stage.

The City Council refuse to provide information explaining why incorrect information was knowingly provided or to hold an internal review into this action. Full details are attached

John Golding left an annotation ()

What have they got to hide?