Empty Property List

The request was refused by Hackney Borough Council.

Stephen McDermott

Dear Hackney Borough Council,

Dear Islington Borough Council,

Under the Freedom of Information Act (2000) I would like to request a list of the empty properties within Hackney borough.

Yours faithfully,

Stephen McDermott

Administrator, Hackney Borough Council

Dear Stephen McDermott,

Thank you for logging your Information Request.

show quoted sections

Jeremy Bullock, Hackney Borough Council

Dear Mr McDermott,

 

I am writing in response to your Freedom of Information request, received
14 July 2014, in which you ask for a list of the empty properties within
Hackney Borough.

 

Please note that whilst your own motives for seeking this information are
not in question, the Council will not disclose any information that may
either identify currently unoccupied properties or give an indication of
properties that are potentially likely to become unoccupied. This is
because that information is exempt under section 31(1)(a) ‘Law
enforcement’, of the Freedom of Information Act 2000, which states:

 

“Information which is not exempt information by virtue of Section 30 is
exempt information if its disclosure under this Act would or would be
likely to prejudice the prevention or detection of crime.”

 

Section 31 (1) (a) has been applied to your request because of the risk of
increased crime that would likely occur if a list of empty properties was
released into the public domain by way of a Freedom of Information request
response. It is considered that the public disclosure of the requested
information would be likely to increase the risk to empty properties of
illegal entry and of illegal use if and when entered.

 

Empty properties are often associated with criminal activity, including
squatting, by organised local gangs. As squatting is now an offence in
itself, then disclosure of a list that could become available to squatters
would have to be considered prejudicial to the prevention of crime, and
may also lead to significant harm in the form of criminal activity such as
vandalism. It is also possible that organised gangs could use the
information for criminal purposes. In addition to the above, such
properties may also be exposed to a greater risk of arson or criminal
damage, which if carried out may endanger persons in neighbouring
properties.

 

An early Information Tribunal decision in relation to a request for a list
of empty properties within the London Borough of Bexley ruled that the
Council in this case was required to disclose the addresses of empty
properties within the borough where they were not owned by individuals.

 

The Council has, however, also noted the decision made by the Information
Commissioner in relation to a similar request received by the London
Borough of Tower Hamlets. 

 

It was the Commissioners view that, whilst the direct impact on those
particular private individuals who own properties might not be present for
organisationally owned properties, this does not mean that the impact of
crime on individuals is completely absent. The Commissioner accepted that
crime associated with empty properties can have a substantial detrimental
impact upon the occupants of neighbouring properties and the wider
community.

 

The Commissioner considered that there is a substantial public interest in
bringing empty properties back into use, which might be met to some extent
by disclosure of the addresses in this case. However he weighed the
benefits of this potential longer term effect together with the more
general public interest in accountability and transparency, against the
more immediate likely prejudice to the prevention of crime and the effects
of this on both individuals, and other bodies. His conclusion in this case
was that the public interest in avoiding prejudice to the prevention of
crime outweighs the public interest in disclosure.

 

The London Borough of Hackney has a similar demographic make up to Tower
Hamlets and has experienced significant problems with squatting.
Therefore, on balance, it is considered that the public interest is better
served by withholding this information.

 

The Council also refers to a Tribunal Appeal decision involving the London
Borough of Camden and Mr Yiannis Voyias, in which it was stated:

 

“We have concluded that the appeal should be dismissed. The London Borough
of Camden (the “Council”) was entitled to refuse a request for information
about certain types of empty properties in its area because the exemption
provided by the Freedom of Information Act 2000 (“FOIA”) section 31(1)(a)
(prejudice to the prevention or detection of crime) was engaged and the
public interest in maintaining that exemption outweighed the public
interest in disclosure”.

 

Given the above, and In accordance with the Freedom of Information Act
2000, this letter acts as a Public Interest Refusal Notice.

 

I apologise that your request will not be met but if you have any further
information needs in the future then please feel able to contact the
Information Governance Team again.

 

If you are dissatisfied with this response and wish to appeal, please
write to the Information Governance Team, Appeals, 6-15 Florfield Road,
Hackney, London E8 1DT and your complaint will be dealt with through the
Council’s Internal Review procedure.

 

If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner. He can be contacted at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700                                         
[1]www.informationcommissioner.gov.uk

 

In the meantime, I am sorry that I have been unable to assist you on this
occasion.

 

Yours sincerely

 

Mr J Bullock

Principal Revenues Officer

Finance and Resources Directorate

 

 

Hackney Council may exercise its right to intercept any communication, the
only exception to this would be confidential survey data, with any
employee or agent of the Council using its telephony or data networks.
By using these networks you give your consent to Hackney Council
monitoring and recording your communication.
If you have received this e-mail in error please delete it immediately and
contact the sender.
For further information about Hackney Council policies please contact
Hackney Service Centre on: 020 8356 3000.

References

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1. http://www.informationcommissioner.gov.uk/