Compensation claims submitted under the ACV legislation
Dear Blackburn with Darwen Borough Council,
Under the Freedom of Information Act, please provide me with a copy of the following:
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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).
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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
Dear Josh
Thank you for your request for information regarding ‘Asset of Community Value’ (reference number 06242). Your request was received on the 15/05/20 and I am dealing with it under the terms of the Freedom of Information Act 2000 and/or Environmental Information Regulations 2004.
In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.
Please note that our response to Freedom of Information Requests (FOIs) may take longer for us to complete at the moment because of COVID-19 implications.
The ICO has advised that although they are unable to extend statutory timescales, they will advise people that they may experience understandable delays when making FOIs, EIRs or SARs during the COVID-19 pandemic.
Is your request essential?
While your statutory right of access remains unchanged, our resources may be diverted away from usual compliance or information rights work at this time. Therefore, we would ask that where possible, before submitting any requests for information that you check our website first to see what may be already published and available.
Prioritising essential services
If you cannot find the information please be aware that under current circumstances and our need to prioritise essential services to ensure the wellbeing of our residents, you may experience a delay in your response.
Following guidance from the ICO, we will keep requestors informed of any delays and will respond as soon as resources allow. We will also be keeping up to date on guidance from the ICO as the situation changes to ensure that we comply with any changes or amendments to information rights practice.
For further information on your information rights at this time please see ico.org.uk.
If you have any queries about this request, please contact Information Governance on 01254 585852. Alternatively, our email address is [Blackburn with Darwen Borough Council request email]
Please remember to quote the reference number above in any future communications.
Kind Regards,
Heather Wolstenholme
Information Governance Officer
Email: [email address]
01254 585651
Dear Josh
Thank you for your request for information regarding Asset of Community Value (reference number 06242).
Unfortunately it is taking a little longer than anticipated to collate a response.
I am therefore writing to request a short extension period of one week.
Please accept my sincere apologies for any inconvenience caused.
Fatima Makken
Apprentice Information Governance Officer
Email: [email address]
01254 222527
Dear Josh
Thank you for your request for information regarding ‘Asset of Community Value’ (reference number 06242); please see our response attached/below. If you have any queries regarding your request for information then please don’t hesitate to contact us.
The information you have requested can be found using the following link:
https://www.blackburn.gov.uk/land-and-pr...
If you are unhappy with the service you have received in relation to your request for information and wish to make a complaint or request a review of our decision, you should write to: Information Governance Manager, Information Governance, Blackburn with Darwen Borough Council, G Floor, Town Hall, Blackburn, Lancashire, BB1 7DY or email [Blackburn with Darwen Borough Council request email]
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Please find attached our 'have your say' feedback policy.
Kind Regards,
Heather Wolstenholme
Information Governance Officer
Email: [email address]
01254 222527
Dear Blackburn with Darwen Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Blackburn with Darwen Borough Council's handling of my FOI request 'Compensation claims submitted under the ACV legislation'.
Your response does not supply the information I have requested
The link supplied is to your ACV register
my request is for documents relating to compensation claims, these documents would not be published on the councils website
Yours faithfully,
Josh Forrest
Dear Josh,
Thank you for your email requesting an internal review of the response we issued to you regarding Asset of community value (reference number 06242).
Please accept this email as acknowledgement of your request.
A review of our decision will now be undertaken, and I will contact you with the outcome in due course.
Information Governance Team
Dear Josh,
Thank you for your email requesting an internal review of the response we issued to you regarding Asset of community value (reference number 06242).
Blackburn with Darwen Borough Council have not had any compensation claims.
If you are unhappy with the service you have received in relation to your request for information and wish to make a complaint or request a review of our decision, you should write to: Information Governance Manager, Information Governance, Blackburn with Darwen Borough Council, G Floor, Town Hall, Blackburn, Lancashire, BB1 7DY or email [Blackburn with Darwen Borough Council request email]
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Kind Regards,
Fatima Makken
Apprentice Information Governance Officer
Email: [email address]
01254 585852
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