Classification: OFFICIAL

Dear Mr Chait,

 

Thank you for making a request for information to the London Borough of
Enfield.

 

We are aiming to respond to your request within 20 working days and will
let you know if we hold the information you requested and if we can
release it under the Freedom of Information Act 2000.

 

We are now making an initial assessment of your request and we will
contact you if any clarification is needed.

 

If you have any queries regarding your request, please contact us at
[1][Enfield Council request email] quoting your reference CRM FOI
8069.

 

PLEASE NOTE: As most staff are working from home, please e-mail all
correspondence to us, rather than posting it, as there is likely to be
delay in responding to correspondence arriving by post.

 

Regards,

 

Taz Anastassi

Complaints and Information Co-ordinator

Complaints and Information Team

Chief Executive Department

Enfield Council

Silver Street

Enfield

EN1 3XY

 

[2][Enfield Council request email]

 

Protect the Environment – Think Before You Print.

 

"Enfield Council is committed to serving the whole borough, fairly,
delivering excellent services and building strong communities."

[3]Signature

 

Dear Enfield Council,

In terms of the Freedom of Information Act of 2000, and subject to section
40(2) on personal data, could you please provide me with your local
authority’s complete and most-recently updated list of all business
(non-residential) property rates data, including the following fields:

- Billing Authority Property Reference Code (linking the property to the
public VOA database reference)
- Firm's Trading Name (i.e. property occupant or ratepayer)
- Full Property Address (Number, Street, Postal Code, Town)
- Occupation / Vacancy status
- Date of Occupation / Vacancy
- Actual annual rates charged (in Pounds) and/or categories of
reliefs/exemptions granted

If you are unable to provide an absolute “Occupation / Vacancy” status,
please provide the Exemptions and / or Reliefs that a particular property
may be receiving.

NOTE: While FOIs are meant to be requestor blind, these data are actively
used by national government and UK universities to inform the economic
response to COVID-19. Commercial ratepayer data are always of public
interest but, in the midst of a global pandemic and its consequent
devastating economic fallout, these data are vital to track business
behaviour and guide government and enterprise adaptation to the social
impact of COVID-19. Please publish quickly so that organisations trying to
support your local authority can do so,  and, if you have any
difficulties, please contact me so that I may help.

Please provide these data as machine-readable as either a CSV or Microsoft
Excel file, capable of re-use, and under terms of the Open Government
Licence (reuse for any and all purposes, including commercial).

I last requested these data three months ago, and this is a request for
your latest updated dataset.

Yours faithfully,

Gavin Chait

 

Classification: OFFICIAL

[4]Campaign

[5]Follow us on Facebook [6]Twitter [7]www.enfield.gov.uk

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Classification: OFFICIAL

Dear Mr Chait

 

Thanks for your email below. 

 

Please treat this a refusal notice under the Act,  I have not treated this
as repeated request but you will have our previous refusals that are
identical.

 

Your request is refused under Section 21, 40,  41 and Section 31 at this
time.

 

As part of the Councils Publication scheme we already publish a list of
companies in the borough and this includes most of the information you
have requested.  We publish this information so we are clear as to what we
will put in the public domain and what we will not.

 

You can find our list of Companies (and Charities) here , it is updated on
a quarterly basis however due to a national pandemic this has been delayed
and will be updated once the work on grants has been completed and not
before.  

 

[1]https://new.enfield.gov.uk/contact-us/as...

 

However in terms of your detailed request and any additional information
sought this is refused as above.  

 

Billing Authority Property Reference Code (linking the property to the
public VOA database reference)  - Provided  Firm's Trading Name (if
applicable)  - Not Held but data provided if published for rateapyer .
 Full Property Address (Number, Street, Postal Code, Town) - Provided. 
Full Property Address (Number, Street, Postal Code, Town) – Provided.  -
Occupied / Vacant – Exempt.   Date of Occupation / Vacancy – start date
provided   Actual annual rates (charged in Pounds) – Rateable Value and
Poundage published  

 

In terms of Ratepayer/occupant  , we refuse to supply the name of the
ratepayer except that which is already published above, as you have asked
for the names of the ratepayers these properties and such information
would be exempt from disclosure under the Freedom of Information Act 2000
Section 40 (2). Specifically, it would breach the second data protection
principle [GDPR Article 5 1(b)] as this processing would not be compatible
with the purposes for which the data was collected (council tax
collection). The data subject would also have an expectation that this
information would not be publicly disclosed, and therefore any disclosure
would be unfair and in breach of the first data protection principle [GDPR
Article 5 1(a)].

 

The identity of these individuals is therefore exempt from disclosure
under the Freedom of Information Act Section 40 (2). This is an absolute
exemption and there is no requirement to consider the public interest.

 

Any other information is considered personal to that company we will not
release information relating to reliefs in line with previous requests.   
 

 

Our records are solely for the purposes of collecting a tax and any
information collected and given to us is given in confidence.  You are
also asking for specific information about accounts, such information is
personal to the ratepayers in question and I am refusing under Section 41
(Information provided in Confidence) because the release of information
would constitute a breach of confidence.  The ratepayers have agents who
deal with their accounts.  Tax payer confidentiality is of the upmost
importance.

 

Information relating to billing and collection of Business Rate is
provided to us by organisations expressly for that purpose and is
commercially sensitive.   Companies provide information in confidence to
Enfield and it follows that such information should be protected.  The
view is that the Council could be subject to an actionable breach of
confidence if it were to disclose information relating to companies to
third parties without their authorisation.

 

As a rating agent you work for many different Companies and have authority
to act on their behalf.  In this situation the Council would accept you
have good reason to request the information in this FOI where your clients
are the ratepayer.

 

We would only provide details to rating agents if we know they act for a
client.  I am sure you will understand if another Company obtained details
relating to your clients that may result in a loss of commission to your
Company, which in itself may be actionable if it became apparent it was
due to information Enfield had released.  If we do not already know a
rating agent is acting on behalf of a company we would need "an authority
to act" from each of their clients before giving them any information
about specific Business Rate accounts.  It is usual for an agent to quote
the account number, who they are acting for and the context of why they
are contacting us.

 

As I said we have published certain information but when connected with
other information we consider other specific details about a company would
be likely to attract a higher degree of sensitivity.  For example, in the
area of procurement, the identify of an unsuccessful bidder may be
withheld in certain circumstances.  Therefore we consider that to the
extent that the supplementary data account concerning ratepayer is exempt
under Section 41 of the Freedom of Information Act.   

 

Section 41 of the FOIA states:

 

1) Information is exempt information if-

a) it was obtained by the public authority from any other person
(including another public authority), and

b) the disclosure of the information to the public (otherwise than under
this Act) by the public authority holding it would constitute a breach of
confidence actionable by that or any other person.

 

2) The duty to confirm or deny does not arise if, or to the extent that,
the confirmation or denial that would have to be given to comply with
section 1(1)(a) would (apart from this Act) constitute an actionable
breach of confidence.

 

Section 41(1) (a) requires that the information in question was obtained
from any other person. Guidance issued by the Information Commissioner
(regarding Information provided in confidence) states: A person may be an
individual, a company, a local authority or any other “legal entity”. 
Individuals and companies supplied information to the Council regarding
the account holder’s details which then activated the account number. 
This part of the exemption is therefore satisfied.

 

Section 41(1) (b) requires the disclosure by the Council to constitute an
actionable breach of confidence by that person. The information must
therefore have the necessary quality of confidence.  In our opinion the
information does have the necessary quality of confidence.  It is
recognised in English law that an important duty of confidentiality is
owed to taxpayers. This is what is known as “taxpayer confidentiality”.
This is a long established principle of common law, protecting taxpayers’
affairs against disclosure to the public, and has been recognised to be of
the utmost importance when dealing with the administration of tax and
rates.  We were satisfied that the requested information is not trivial,
nor is it available by any other means.  It is our assessment that
companies or individuals would be able to establish that disclosure would
expose the Council to the risk of a breach of confidence claim which, on a
balance of probabilities, would succeed.  This includes considering
whether the Council would have a defence to the claim.  This latter point
is expanded upon below.

 

The duty of confidence is not absolute, and the courts recognise three
circumstances under which confidential information may be disclosed:

 

•             Where the person to whom the duty of confidentiality is owed
consents to the disclosure.

•             Where the disclosure is required by law.

•             Where there is an overriding public interest in disclosure.

 

In the context of this request, no consent has been obtained from the
individual taxpayers (and it would be impractical to do so); nor is the
disclosure required by law.  Of more relevance is whether there is an
overriding public interest. Guidance issued by the Information
Commissioner states that “the courts have taken the view that the grounds
for breaching confidentiality must be valid and very strong. A duty of
confidence should not be overridden lightly.” Further guidance from the
Information Commissioner states that the “the public interest test within
the duty of confidence assumes that information should be withheld unless
the public interest in disclosure outweighs the public interest in
maintaining the duty of confidence.”

 

It is appreciated that there may be a public interest in scrutinising how
the Council administers its business rates; however this interest is not,
in our view, sufficient to override the duty of confidence, and apart from
your own private interest in disclosure we have no evidence of a wider
public interest in this matter.   It is also the case that we have a
fiduciary duty to our residents and businesses and we have to take the
interests of our Council Tax payers as central,  

 

Ratepayers provide information to the Council and have a legitimate
expectation that the information will be treated in confidence. 
Furthermore, there is a public interest in maintaining trust and
preserving a free flow of information to the Council where this is
necessary for the Council to perform its statutory functions relating to
the administration of business rates and council tax. Such functions are
undertaken for the benefit of the public.  We therefore consider that it
would be excessive to override the duty of taxpayer confidentiality and
disclose information relating to the affairs  of business ratepayers. 
Your request for disclosure is therefore refused under section 41 of the
FOIA.

 

It is also the case that certain information on reliefs such as empty
rates is exempt under Section 31 as you are also asking for information as
the empty/occupied status of a property.  We will not release information
concerning vacant property or land. 

  

Obviously identifying occupied properties identifies empty ones.

 

Section 31 of the Freedom of Information Act in this Authority’s view
applies to this request.  This section provides that information is exempt
from disclosure if such disclosure would prejudice the “prevention or
detection of crime”.   Putting the addresses of empty properties
(residential or otherwise) within the Borough into the public domain would
in the Authority’s view compromise the security of the buildings concerned
and would prejudice the objectives of preventing criminal behaviour.  We
consider there is a significant risk that releasing details of empty
properties might lead to burglary, arson or squatting.  Within the borough
there have been occasions recently when fires have been set in empty
properties.   In relation to domestic and commercial empty properties,
there is also known use of such empty properties to commit benefit fraud,
identity fraud and money laundering.

 

We have consulted with other Boroughs who have also received similar
requests, we have been advised that concerns have also been expressed by
the Metropolitan Police.  These concerns indicate that release of the
information sought would in the police’s view increase the potential for
the properties to be targeted by squatters, by criminals or terrorists
intent on hiding or depositing proceeds of crime or terrorist materials. 
There is also the potential for premises to be identified as short-term
hiding places by criminals or terrorists.  We have consulted our local
police and they have confirmed the number of incidents of crimes carried
out on empty properties, and their view is that disclosing this
information would prejudice the prevention of crime.

 

These incidents would support the concerns the Authority has as to the
prejudice to the prevention of crime in the borough if the information
were disclosed.  The Act does not allow the Council to enquire as to
motives, nor do we have any control over distribution of the information
once it is released into the public domain.  Making it available to you
effectively makes it available to all.

 

Section 31 is a qualified exemption to which the public interest test must
be applied. There do not appear to be any obvious public interest
considerations that would weigh in favour of disclosure beyond that
wherever possible it is in the public interest for them to have access to
information.  There is however in our view clear public interest
considerations that weigh in favour of not disclosing the information
since to do so would prejudice the objective of prevention of crime which
is of course in everyone’s interests.  Having considered whether the
public interest weighs in favour of disclosure or non-disclosure in this
instance the Authority has decided that it is not in the public interest
to release such information.   I would add to this that our approach has
been borne out by the recent Judgement of Judge Jacobs in relation to the
appeal to the upper Tribunal on the Camden case concerning Squatters.

 

However it is also true that most of the information you seek is already
in the public domain.  The Council has a portfolio of empty property some
is available for let and our agents Spencer Craig  handle the Councils
commercial lets.   You can contact these agents for a list of empty
property.  These properties will have been professionally secured and are
monitored.  Other Agents will also have a list of empty property. 

 

Exemptions are not provided for same reason as Empty and other information
under Section 41 (but also as identifies occupancy status).

 

Furthermore and perhaps even more importantly,  this is also to done to
protect our ratepayers from unscrupulous rating agents, we have a duty to
our business community that exceeds merely the collection of taxes, this
has been recognised by Central Government recently and making information
available to you effectively makes it available to all.   We have
supported Businesses by automatically applying the retail discount and
work tirelessly to ensure that SBRR uptake is maximised.  Work continues
to ensure that no business has been missed, as it is the Governments view
that we should ensure that there is no unnecessary  diversion of business
rate relief that is intended for businesses ending up in the pockets of
others.   I am sure you will agree that this is worthwhile and as I stated
making it available to you effectively makes it available to all and tax
payer confidentiality must be protected as must the public purse and it
would be an abuse of our fiduciary duty leading to more fraud which is not
in the public interest.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should email:  [2][email address] or
 [3][Enfield 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 Authority. The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF.  Or Email: [4][email address]

 

Kind regards

 

Simon Ranyard

Business Rates Manager

Revenues and Benefits

Enfield Council

Silver Street

Enfield

EN1 3XY

 

Tel: + 44 (0)20 8379 4766

[5][email address]

 

 [6]https://www.gov.uk/coronavirus

 

"Enfield Council is committed to serving the whole borough fairly,
delivering excellent services and building strong communities."

 

 

Request Details

 

Dear Enfield Council,

In terms of the Freedom of Information Act of 2000, and subject to section
40(2) on personal data, could you please provide me with your local
authority’s complete and most-recently updated list of all business
(non-residential) property rates data, including the following fields:

- Billing Authority Property Reference Code (linking the property to the
public VOA database reference)
- Firm's Trading Name (i.e. property occupant or ratepayer)
- Full Property Address (Number, Street, Postal Code, Town)
- Occupation / Vacancy status
- Date of Occupation / Vacancy
- Actual annual rates charged (in Pounds) and/or categories of
reliefs/exemptions granted

If you are unable to provide an absolute “Occupation / Vacancy” status,
please provide the Exemptions and / or Reliefs that a particular property
may be receiving.

NOTE: While FOIs are meant to be requestor blind, these data are actively
used by national government and UK universities to inform the economic
response to COVID-19. Commercial ratepayer data are always of public
interest but, in the midst of a global pandemic and its consequent
devastating economic fallout, these data are vital to track business
behaviour and guide government and enterprise adaptation to the social
impact of COVID-19. Please publish quickly so that organisations trying to
support your local authority can do so,  and, if you have any
difficulties, please contact me so that I may help.

Please provide these data as machine-readable as either a CSV or Microsoft
Excel file, capable of re-use, and under terms of the Open Government
Licence (reuse for any and all purposes, including commercial).

I last requested these data three months ago, and this is a request for
your latest updated dataset.

Yours faithfully,

Gavin Chait

 

Customer Information

 

Gavin Chait

[7][FOI #675288 email]

Classification: OFFICIAL

[8]Campaign

[9]Follow us on Facebook [10]Twitter [11]www.enfield.gov.uk

show quoted sections

This email has been scanned for viruses but we cannot guarantee that it
will be free of viruses or malware. The recipient should perform their own
virus checks.

Disclaimer

The information contained in this communication from the sender is
confidential. It is intended solely for use by the recipient and others
authorized to receive it. If you are not the recipient, you are hereby
notified that any disclosure, copying, distribution or taking action in
relation of the contents of this information is strictly prohibited and
may be unlawful.

This email has been scanned for viruses and malware, and may have been
automatically archived by Mimecast Ltd, an innovator in Software as a
Service (SaaS) for business. Providing a safer and more useful place for
your human generated data. Specializing in; Security, archiving and
compliance. To find out more [12]Click Here.

References

Visible links
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2. mailto:[email address]
3. mailto:[Enfield Council request email]
4. mailto:[email address]
5. mailto:[email address]
6. https://www.gov.uk/coronavirus
7. mailto:[FOI #675288 email]
8. https://enfield-council.msgfocus.com/k/E...
9. https://www.facebook.com/pages/Enfield-C...
10. https://twitter.com/EnfieldCouncil
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