Council assets

The request was refused by Havering Borough Council.

To the information officer,

I am emailing to request the following information from the council under the Freedom of Information Act 2000:

Note: This request does not relate to social housing stock

1) A list of building, land and heritage assets disposed of (i.e. the council no longer owned the asset) by the council between 2014/2015 and the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address (if applicable)
- Postcode (if applicable)
- UPRN (if possible)
- The date it was disposed of
- The type of disposal (for example sale, community asset transfer, etc)
- The valuation of the asset at the point it was classified as an asset held for sale (both lower amount and fair value less, if possible)
- How much it was sold for? (if applicable)
- Who it was sold to?
- How it was disposed of (open market, auction, etc)

2) A list of building, land and heritage assets acquired by the council between 2014/2015 and the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address
- Postcode
- UPRN (if possible)
- The date it was acquired
- Who was it acquired from?
- How much did it cost?
- Is it now classed as an investment property?

3) How many land, building and heritage assets did the council have as of
a) the beginning of 2014/15
b) the date on which you received this request

I would like to receive this information electronically a spreadsheet, with the points above as the column headers.

If the decision is made to withhold some of this information using exemptions in the Act, please inform me of that fact and cite the exemptions used.

Please note the questions:
Who it was sold to?
Who was it acquired from?

In response to test FOIs some local authorities declined to release this information relating to these questions, arguing it was exempt under Section 40 - Personal information.

The definition of personal data referred to in the FOIA is that used by the Data Protection Act. This states that, for data to constitute personal data, “it must relate to a living individual, and that individual must be identifiable”. As a result, unless the response relates to a person (or a sole trader) it cannot be exempt under Section 40.

If you need clarification please contact me at this email address. Under your section 16 duty to provide advice and assistance I would expect you to contact me if you find this request unmanageable in any way before the 20th working day.

I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you in the near future.

Thank you for your time,

Gareth

Accessinfo, Havering Borough Council

1 Attachment

Dear Mr Davies,

 

Acknowledgement of Information Request – AIR16161S

 

I acknowledge receipt of your request for information received on 31^st
July 2018.  Your email is being considered and you will receive a response
to your request as soon as possible. 

 

The Freedom of Information Act 2000 allows authorities 20 working days,
following date of receipt, in which to respond to requests.  You may be
aware the legislation defines a number of exemptions which may prevent
release of the information you have requested.  If any of the exemption
categories apply then the information will not be released. In these
cases, we will inform you of any exemptions we have applied together with
our reasons for withholding the information and your rights of appeal. 

 

Please bear in mind the legislation allows access to information 'held' by
the Council and not for the creation of new information or opinion. 
Therefore, we may only be able to supply documents or data that contain
the information we hold in response to your request.

 

There may be a fee payable for the supply of information.  This will be
calculated and you will be informed if a charge applies. In this event,
the fee must be paid before the information is released.

 

If you have any queries or concerns, please do not hesitate to contact me.

 

Further information regarding the Freedom of Information Act 2000 is
available from the following address:

Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone:   0303 123 1113
[1]www.ico.org.uk

 

Yours sincerely

 

Access to Information Team

London Borough of Havering | Access to Information

Town Hall, Main Road, Romford, RM1 3BB

 

t 01708 432476 |

e [2][Havering Borough Council request email]  

w [3]www.havering.gov.uk

text relay 18001 01708 432476

 

[4]havering

Sign up for [5]email updates for local news and information

 

 

This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
Havering anti-virus services and on leaving the Authority was found to be
virus free. Please note: Incoming and outgoing e-mail messages are
routinely monitored for compliance with our policy on the use of
electronic communications.

Havering Council’s Privacy Notice can be found on our website Data
Protection,
https://www.havering.gov.uk/info/20044/c...,
which outlines your rights and how we collect, use, store, delete and
protect your personal data.

References

Visible links
1. http://www.ico.org.uk/
2. mailto:[Havering Borough Council request email]
3. http://www.havering.gov.uk/
5. http://www.havering.gov.uk/Pages/Service...

Accessinfo, Havering Borough Council

Dear Mr Davies,

 

Access to Information – AIR16161S

 

I refer to your request for information made under the Freedom of
Information Act 2000.  Your request has been considered and the
information held by Asset Management/Property Services is as follows:

 

+------------------------------------------------------------------------------+
|Question|  |
|1 | |
| |1) A list of building, land and heritage assets disposed of (i.e. the|
| |council no longer owned the asset) by the council between 2014/2015 |
| |and the date on which you received this request, including: |
| | |
| |  |
| | |
| |- Name of the asset |
| | |
| |- What type of asset is it - building, land or heritage? |
| | |
| |- Address (if applicable) |
| | |
| |- Postcode (if applicable) |
| | |
| |- UPRN (if possible) |
| | |
| |- The date it was disposed of |
| | |
| |- The type of disposal (for example sale, community asset transfer, |
| |etc) |
| | |
| |- The valuation of the asset at the point it was classified as an |
| |asset held for sale (both lower amount and fair value less, if |
| |possible)  |
| | |
| |- How much it was sold for? (if applicable) |
| | |
| |- Who it was sold to? |
| | |
| |- How it was disposed of  (open market, auction, etc) |
| | |
| |  |
|--------+---------------------------------------------------------------------|
|Response|Details can be found on the Council’s Democracy Decision web pages at|
| | |
| |[1]http://democracy.havering.gov.uk/mgDeleg... |
| | |
| |Further information can then be sought from the Land Registry |
|--------+---------------------------------------------------------------------|
|Question|2) A list of building, land and heritage assets acquired by the |
|2 |council between 2014/2015 and the date on which you received this |
| |request, including: |
| | |
| |  |
| | |
| |- Name of the asset |
| | |
| |- What type of asset is it - building, land or heritage? |
| | |
| |- Address |
| | |
| |- Postcode |
| | |
| |- UPRN (if possible) |
| | |
| |- The date it was acquired |
| | |
| |- Who was it acquired from? |
| | |
| |- How much did it cost? |
| | |
| |- Is it now classed as an investment property? |
| | |
| |  |
|--------+---------------------------------------------------------------------|
|Response|Details can be found on the Council’s Democracy Decision web pages at|
| |[2]http://democracy.havering.gov.uk/mgDeleg... |
| | |
| |Further information can then be sought from the Land Registry |
|--------+---------------------------------------------------------------------|
|Question|3) How many land, building and heritage assets did the council have |
|3 |as of |
| | |
| |a) the beginning of 2014/15 |
| | |
| |b) the date on which you received this request |
| | |
| |  |
| | |
| |I would like to receive this information electronically a |
| |spreadsheet, with the points above as the column headers. |
| | |
| |  |
|--------+---------------------------------------------------------------------|
|Response|Details of the Council ownership can be found on the Council’s web |
| |pages at |
| |[3]https://www.havering.gov.uk/downloads/do...
| | |
| |  |
+------------------------------------------------------------------------------+

 

 

In accordance with the Act, this email also acts as a Refusal Notice and
details of the exemption applied is as follows:

 

Exemption under section : S21 Information accessible through other means

 

Information the exemption applied to: As requested above

 

Reason for applying the exemption:

Details can be found on the Council’s Democracy Decision web pages at
[4]http://democracy.havering.gov.uk/mgDeleg...

Further information can then be sought from the Land Registry

Details of the Council ownership can be found on the Council’s web pages
at [5]https://www.havering.gov.uk/downloads/do...

 

Public Interest Test: N/A

 

I apologise that your request cannot be met in full and trust the above is
of use to you. 

 

You have the right of appeal against our decision. If you wish to appeal
please set out in writing your grounds of appeal and send to the above
address.  Please ensure that you quote our reference on any correspondence
to us.

 

I trust the information is of use to you and will close your request.

 

If you are dissatisfied with the way in which your request has been
handled you have the right to request an internal review by addressing
your reasons to the:

 

Access to Information Team

London Borough of Havering

Town Hall

Main Road

Romford

RM1 3BD

 

You also have the right to complain to the Information Commissioner at the
following address:

 

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow 

Cheshire 

SK9 5AF

Telephone:   0303 123 1113

[6]www.ico.org.uk

 

Yours sincerely

 

Access to Information Team

London Borough of Havering | Access to Information

Town Hall, Main Road, Romford, RM1 3BB

 

t 01708 432476 |

e [7][Havering Borough Council request email]  

w [8]www.havering.gov.uk

text relay 18001 01708 432476

 

 

Sign up for [9]email updates for local news and information

 

 

This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
Havering anti-virus services and on leaving the Authority was found to be
virus free. Please note: Incoming and outgoing e-mail messages are
routinely monitored for compliance with our policy on the use of
electronic communications.

Havering Council’s Privacy Notice can be found on our website Data
Protection,
https://www.havering.gov.uk/info/20044/c...,
which outlines your rights and how we collect, use, store, delete and
protect your personal data.

References

Visible links
1. http://democracy.havering.gov.uk/mgDeleg...
2. http://democracy.havering.gov.uk/mgDeleg...
3. https://www.havering.gov.uk/downloads/do...
4. http://democracy.havering.gov.uk/mgDeleg...
5. https://www.havering.gov.uk/downloads/do...
6. http://www.ico.org.uk/
7. mailto:[Havering Borough Council request email]
8. http://www.havering.gov.uk/
9. http://www.havering.gov.uk/Pages/Service...

Dear Havering Borough Council,

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

I am writing to request an internal review of Havering Borough Council's handling of my FOI request 'Council assets'.

I do not agree with the use of the Section 21 exemption.

Firstly, the council has pointed to a section of its website. The information here is clearly far less than I had requested. It then implies that it is reasonable for me to take this partial information and search the Land Registry for the additional information, which may or may not be obtainable based on what the council has itself published. This is not a reasonable request. Even if information for each asset could be found from these two separate sources, it would take a considerable amount of money and time. It would also not provide a key piece of the information I have requested, namely whether the acquired assets are investment assets.

I have submitted this FOI to 353 local authorities in England and (so far) dozens have been able to supply me with the full information, sometimes relating to hundreds of assets, without the use of this exemption. Surely a far more reasonable expectation is that the council, a public body, should already publish full information about the sale and acquisition of assets without the need for a member of the public to resort to the FOIA.

Yours faithfully,

Gareth Davies

Accessinfo, Havering Borough Council

Dear Mr Davies,

 

Internal Review Request - AIR16161S

 

I acknowledge receipt of your email of appeal dated 29^th August 2018,
following the response received to your request for information.

 

Your email is being considered as an appeal for an internal review of the
decisions made in the response to your request for information.

 

I am currently looking into the matter and will endeavour to respond
within 20 working days of receipt of your appeal, but if you have any
queries or concerns in the meantime, please do not hesitate to contact me

 

Further information regarding the Freedom of Information Act 2000 /
Environmental Information Regulations is also available from the
Information Commissioner's Office
Wycliffe House, Water Lane 
Wilmslow, Cheshire 
SK9 5AF 
Telephone:   01625 545 700
[1]www.ico.gov.uk

 

Yours sincerely

 

Mrs Kazazic | Access to Information Assistant

London Borough of Havering | Access to Information

Town Hall, Main Road, Romford, RM1 3BB

 

t 01708 432476 |

e [2][Havering Borough Council request email]  

w [3]www.havering.gov.uk

text relay 18001 01708 432476

 

 

Sign up for [4]email updates for local news and information

 

 

This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
Havering anti-virus services and on leaving the Authority was found to be
virus free. Please note: Incoming and outgoing e-mail messages are
routinely monitored for compliance with our policy on the use of
electronic communications.

Havering Council’s Privacy Notice can be found on our website Data
Protection,
https://www.havering.gov.uk/info/20044/c...,
which outlines your rights and how we collect, use, store, delete and
protect your personal data.

References

Visible links
1. http://www.informationcommissioner.gov.uk/
2. mailto:[Havering Borough Council request email]
3. http://www.havering.gov.uk/
4. http://www.havering.gov.uk/Pages/Service...

Dear Accessinfo,

I have now been waiting almost two months for the results of the internal review (AIR16161S) I requested in August.

Could you please advise when I will receive an update?

I will be raising this matter with the ICO.

Yours sincerely,

Gareth Davies

Accessinfo, Havering Borough Council

Dear Mr Davies,

 

Internal Review Response – Council Assets

 

I apologise for the delay in responding to the internal review to your
Freedom of Information request.

 

The response has been reviewed along with your email dated 29^th August
and our response is shown below:

 

The view expressed by the requester that a far more reasonable expectation
is that the council, a public body, should already publish full
information about the sale and acquisition of assets without the need for
a member of the public to resort to the Freedom of Information Act.  There
is no requirement to do this on the basis the requester seeks and
information is publically available from a number of sources.

 

The requester feels it would be unreasonable to correlate information from
public sources of data due to time and cost.  In part this seems to accept
that information is available but not in the form preferred.

 

If the key information required/missing is whether the Council has over a
specified period of time acquired any investment assets, then this in
isolation is a fairly simple question that could be answered - indeed has
been in response to other similar requests from other parties - so should
the question be re-defined and then sent to the Access to Information Team
this could be considered again as a new request for information.  It is
viewed that the approach the Council has used to the broader Freedom of
Information request is incorrect or inappropriate and this has been the
basis of approach to all such similar questions that ask very broad
questions on the portfolio and associated transactions’.

 

I trust the above is of assistance and will now close the file.

 

If you have any queries or concerns, please do not hesitate to contact me.

 

You have the right to appeal / complaint to the Information Commissioner
at the address below:

 

Further information regarding the Freedom of Information Act 2000 is also
available from the Information Commissioner's Office

Wycliffe House, Water Lane

Wilmslow, Cheshire 

SK9 5AF

Telephone:   01625 545 700

www.ico.gov.uk

 

Yours sincerely,

 

Access to Information Team

London Borough of Havering | Access Information

Town Hall, Main Road, Romford, Essex

 

t 01708 432518 |

e [1][Havering Borough Council request email]  

w [2]www.havering.gov.uk

text relay 18001 01708 432 518

 

 

Sign up for [3]email updates for local news and information

 

 

This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
Havering anti-virus services and on leaving the Authority was found to be
virus free. Please note: Incoming and outgoing e-mail messages are
routinely monitored for compliance with our policy on the use of
electronic communications.

Havering Council’s Privacy Notice can be found on our website Data
Protection,
https://www.havering.gov.uk/info/20044/c...,
which outlines your rights and how we collect, use, store, delete and
protect your personal data.

References

Visible links
1. mailto:[Havering Borough Council request email]
2. http://www.havering.gov.uk/
3. http://www.havering.gov.uk/Pages/Service...