Compensation claims submitted under the ACV legislation

Josh Forrest made this Freedom of Information request to Tendring District Council as part of a batch sent to 237 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Tendring District Council,

Under the Freedom of Information Act, please provide me with a copy of the following:

***************************************************************************
Under the Localism Act 2011, the council is required to maintain a list of Assets of Community Value which have been successfully and unsuccessfully nominated since the act came into force in September 2012.

For all Asset of Community Value (Community Right to Bid) nominations the council has received since 2012 I request the following information:

For each property where a compensation claim has been filed against the council as is the owners right under The Localism Act 2011, Part 5, Chapter 3, Section 99. I request a copy of all documents associated with that claim (initial claim documents & if applicable internal review & first tier tribunal documents) including but not limited to the following points :

*The result of the compensation claim
*A copy of all documents submitted with the claim by the owner
*A copy of any additional documents the council considered in deciding the claim
*A copy of the council's decision letter to the property owner
*If the owner requested an internal review of the compensation claim - A copy of all associated documents
*If the owner requested an independent review to the first tier tribunal - A copy of all associated documents

Please note I am aware that my response from the council may contain redacted information (where redaction time is not included in FOI request time calculation).

***************************************************************************

I understand that under the Act I am entitled to a response within 20 working days of your receipt of this request.

If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive fees.

I would prefer to receive the information electronically.

If you require any clarification, I expect you to contact me to provide advice and assistance if you find any aspect of this FOI request problematic.

Please acknowledge receipt of this request, and I look forward to receiving the information in the near future.

Yours faithfully,

Josh Forrest

Corporate Information Manager, Tendring District Council

Dear Mr Forrest,

 

Thank you for your request for information regarding compensation claims
submitted under the ACV legislation, which was received on 14/05/2020. I
can confirm that your enquiry is receiving attention.

 

In accordance with the provisions of the Freedom of Information Act 2000
you should receive a comprehensive reply to your request within 20 working
days from receipt of your enquiry.

 

The Council’s current activities and up to date changes to our service
delivery can be found on our website at
[1]https://www.tendringdc.gov.uk/coronavirus

 

During the pandemic please be advised that our limited resources may have
been diverted away from compliance or information governance work in order
to deal with emerging high priority activities.  Therefore we thank you
for your understanding and assure you that we will continue to respond to
information requests as quickly as we are able.  The Information
Commissioners Office (ICO) has also published information on their website
[2]www.ico.org.uk.

 

In certain circumstances, a fee may be payable for determining, locating,
retrieving and extracting information and/or the cost for disbursements
such as photocopying and postage. If this applies, a Fees Notice will be
issued to you with details of any costs involved in advance and you will
be required to pay this before I can proceed to deal with your request.

 

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113,
[3]www.ico.gov.uk.

 

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686063
E-mail: [4][Tendring District Council request email] 

[5]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

show quoted sections

Corporate Information Manager, Tendring District Council

Dear Mr Forrest ,

Thank you for your request for information about compensation claims submitted under the ACV legislation, which was received on 14/05/2020. I am contacting you to advise that your enquiry is still receiving attention.

With the current pandemic we have had to prioritise our emergency planning response within every department which has meant we have had to redistribute our resources.
Please accept the Council’s apologies for this delay, a response shall be with you as soon as possible.

During the pandemic please be advised that our limited resources may have been diverted away from compliance or information governance work in order to deal with emerging high priority activities. Therefore we thank you for your understanding and assure you that we will continue to respond to information requests as quickly as we are able. The Information Commissioners Office (ICO) has also published information on their website www.ico.org.uk.

The Council’s current activities and up to date changes to our service delivery can be found on our website at https://www.tendringdc.gov.uk/coronavirus

In certain circumstances, a fee may be payable for determining, locating, retrieving and extracting information and/or the cost for disbursements such as photocopying and postage. If this applies, a Fees Notice will be issued to you with details of any costs involved in advance and you will be required to pay this before I can proceed to deal with your request.

Further information about your rights is also available from the Information Commissioner at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113, www.ico.gov.uk.

Kind regards,

Charlene Haynes
On behalf of Corporate Information Manager
Corporate Services
Tendring District Council

Phone: 01255 686512
E-mail: [Tendring District Council request email]
www.tendringdc.gov.uk
Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex CO15 1SE

show quoted sections

Corporate Information Manager, Tendring District Council

Dear Mr Forrest,

 

Thank you for your request for information regarding compensation claims
submitted under the ACV legislation. I apologise for the delay in
responding to you. With the current pandemic we have had to prioritise our
emergency planning response within every department which has meant we
have had to redistribute our resources.

 

Please be advised that the Authority holds the information requested, but
is unable to provide all of this information because it is our view that
it is exempt under section 40(2) of the Freedom of Information Act.

 

We are applying this exemption because the results for the requested
information were less than 5 therefore the information could potentially
identify the individuals involved by default, especially if combined with
other data, which would constitute a breach of the Data Protection Act
2018.

 

Section 40 of the FOIA provides:

(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 does not fall within subsection (1),
and

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

(3A)The first condition is that the disclosure of the information to a
member of the public otherwise than under this Act—

(a)would contravene any of the data protection principles, or

(b)would do so if the exemptions in section 24(1) of the Data Protection
Act 2018 (manual unstructured data held by public authorities) were
disregarded.

(3B)The second condition is that the disclosure of the information to a
member of the public otherwise than under this Act would contravene
Article 21 of the GDPR (general processing: right to object to
processing).

(4A)The third condition is that—

(a)on a request under Article 15(1) of the GDPR (general processing: right
of access by the data subject) for access to personal data, the
information would be withheld in reliance on provision made by or under
section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act
2018, or

(b)on a request under section 45(1)(b) of that Act (law enforcement
processing: right of access by the data subject), the information would be
withheld in reliance on subsection (4) of that section.

 

Section 40(2) of the Freedom of Information Act 2000 states that personal
data relating to third parties is exempt if disclosure would breach any of
the principles set out in Chapter 2 of the Data Protection Act 2018. We
believe that providing you with the information you have requested would
breach the following Data Protection principles:

 

Processing of data shall be:

•             Lawful and fair

•             Specified, explicit and legitimate

•             Adequate, relevant and not excessive

 

In this case we apply this exemption because:-

 

a)            we do not have the consent of the person who is the subject
of the information to disclose it to you;

b)            disclosure does not meet any of the Schedule 2 conditions
that would make it “necessary”;

c)            disclosure of the information to you would not be connected
to the purpose for which we have collected and are holding the
information;

d)            the data subjects would not expect this information about
them to be shared publicly and it would not be fair to disclose this
information to the public

 

In such circumstances this is an absolute exemption and is therefore not
subject to the Public Interest Test.

 

However, we can confirm is that there was one property that had a
compensation claim since 2012. The claim value offered and agreed by the
claimant was £7,500.00. There was no internal review requested and it did
not reach first tier tribunal.

 

I hope this information is of assistance to you.

 

The Council’s current activities and up to date changes to our service
delivery can be found on our website at
https://www.tendringdc.gov.uk/coronavirus

 

During the pandemic please be advised that our limited resources may have
been diverted away from compliance or information governance work in order
to deal with emerging high priority activities.  Therefore we thank you
for your understanding and assure you that we will continue to respond to
information requests as quickly as we are able.  The Information
Commissioners Office (ICO) has also published information on their website
www.ico.org.uk.

 

However if you feel that the Council has failed to deal with your request
for information correctly you can request that the matter is reviewed. 
Requests for internal reviews should be sent to
[email address] .  Alternatively, you can post a request
for an internal review to Mrs L Trembath, Corporate Services, Town Hall,
Station Road, Clacton-on-Sea, Essex CO15 1SE.  Further details of this
procedure can be obtained from all Council offices or from our website
(www.tendringdc.gov.uk ).

 

If you are not content with the outcome of the internal review you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:

 

FOI Compliance Team (complaints), Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113,
www.ico.gov.uk .

 

If you have any other queries about this matter then please contact the
Corporate Information Manager at [email address] .

 

 

Kind regards,

 

Charlene Haynes

On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

Phone: 01255 686063

E-mail: [Tendring District Council request email] 

www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

show quoted sections