Empty homes

Dear Catherine

 

Freedom of Information Act 2000 – Request for Information – Empty Properties

 

Thank you for your request for information about addresses of vacant
residential properties in West Lancashire together with the relevant
addresses.

 

Your request is being dealt with under the terms of the Freedom of
Information Act 2000.

 

The information you have requested is under Section 31(1)(a) of the
Freedom of Information Act, and is therefore being withheld.

 

Having considered the public interest test, the Councils decision is that
the release of the information into the public domain would be likely to
prejudice the prevention of detection of crime.

 

Section 31 is a qualified exemption and therefore the “public interest
test” was applied.

 

Whilst the Council accepts there are indeed some advantages in the release
of the information to the public at large, I am not satisfied that this
outweighs the public interest in withholding the information for the
following reasons:

 

·         The risk that publication would prejudice the prevention of
crime, as it could lead to the likely targeting of those empty properties
by those engaged in illegal drug use and production, gang activity, arson,
vandalism, theft or other anti-social behaviour.

·         The risk that publication would lead to increased anxiety and
fear of crime amongst occupants or adjacent residential and commercial
properties, as a result of the likely targeting of the empty properties by
those engaged in criminal and anti-social behaviour.

.

Furthermore, I also have other concerns regarding data protection and data
sharing which need to be taken into account.  I understand that the
information that the Council holds regarding empty private properties
comes from Council Tax records which are data protected.  The purpose of
the Data Protection Act is to protect personal information from
unnecessary or unauthorised disclosure.  The information regarding
individual house owners is personal data which must be processed fairly
and lawfully for specified purposes.  The Council is under a duty to
inform people why it is collecting information and what that information
will be used for – the data should not be further processed for another
incompatible purpose.  Therefore the exemption under Section 40(2) of the
Freedom of Information Act also applies in this matter.  This section
provides an exemption from disclosing information about identifiable
individuals where it would breach the Data Protection Act.  The main
consideration will usually be whether the disclosure would be fair to the
individual(s) concerned.

 

However to assist you I can tell you that there were 747 empty properties
as at 1/10/2012 and 737 as at 1/10/2013

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review.  Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: Mr Shaun Walsh, Transformation
Manager

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of an internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:  Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely,

Sylvia

 

Sylvia Smith

Snr Admin & Electoral Services Officer

West Lancashire Borough Council

______________________________

 

Tel: 01695 585031

Fax: 01695 585050

West Lancashire Borough Council,

52 Derby Street, Ormskirk, L39 2DF
______________________________

 

[1]www.westlancs.gov.uk

 

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