Dear Danny Larkins

Thank you for your request for information, below, which was received by the Council (25/03/2021) and we will answer your request under the Freedom of Information Act 2000. The FOI Act obliges us to respond to requests promptly, and in any case no later than 20 working days (by 26/04/2021) unless it is necessary to consider the public interest, in which case a full response must be provided within such a time as is reasonable in the circumstances and I will write to you again if this occurs.

The Council is fully utilising its facilities in order to complete all freedom information requests and subject access requests within the statutory time scale. However, whilst we are making every effort to fulfil every request, it is acknowledged both by the Council and the ICO that sometimes other pressures will have to take priority during this difficult time and people may experience unavoidable delays to their FOI and SAR response times. We thank you for your patience in this challenging time.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future correspondence.

Yours sincerely

Information Compliance Team
Legal Services
Delivery
Bracknell Forest Council
Tel: 01344 352000
Email: [email address]
Web: www.bracknell-forest.gov.uk

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Dear Danny Larkins

I am writing to confirm that the council has completed the processing of
your request for information which was received on 25^th March 2021.

Request

Can you please send me details of any empty homes currently in your
district, any size, any condition and in any area.

Response

The Council  do not hold a list of all empty properties, however we do
hold information about those properties which we have been advised are
empty in relation to Business Rates or Council Tax.

Exemption under The Freedom of Information Act 2000 Section 31 – Law
Enforcement

We are unable to provide addresses of empty residential properties as we
consider disclosing this information could make them a target of crime.
Therefore this information is exempt from disclosure under section 31 of
the Freedom of Information Act 2000.

Pursuant to section 31(1)(a) of the Freedom of Information Act 2000 (FOI
Act), public authorities are not obliged to release information that would
be likely to prejudice the functions of law enforcement- namely the
prevention and detection of crime.

This type of information would increase the potential for:

o Buildings to be targeted by squatters
o Buildings to be targeted by criminals or terrorists intent on hiding
or depositing proceeds of crime of terrorist materials
o Premises to be identified as short-term hiding places by criminals or
terrorists
o Premises to be targeted by vandals or street artists

We have also taken into account the [1]Information Tribunal Case No.
EA/2011/0007 ('the Camden case'),  in which the Tribunal was satisfied
that the evidence suggests that disclosing this information would have the
effect of assisting at least some of those wishing to engage in squatting,
leading to an increase in the instances of such activity.

Squatting in residential property has itself become a criminal offence
which demonstrates the destructive nature of squatting and the associated
crimes. The Tribunal concluded that an increase in squatting would also
lead to various categories of associated criminal activity. As a result
the Tribunal found that section 31(1) (a) was engaged in that it was
likely that disclosure of the disputed information would have a negative
impact on the prevention of crime.

The Information Commissioner’s Office has also re-confirmed section 31 is
applicable for information about empty properties in a 2015 decision
involving the [2]Royal Borough of Kensington and Chelsea.

Section 31 is a qualified exemption and we are obliged to consider the
public interest test.

Factors in favour of disclosure

There are general arguments in favour of disclosure, in relation to
promoting transparency and accountability of public authorities, which we
have noted in relation to this information.

There are also benefits in disclosure to the wider public, in relation to
raising the profile of unused or vacant properties in order to encourage
public debate.

Factors in favour of maintaining the s 31(1)(a) exemption

It is our view that there are strong arguments that weigh in favour of
maintaining this exemption.

In the Camden case the Tribunal noted that there is an inherent public
interest in crime prevention. It was also found that there were many costs
associated with squatting, such as repair, security and eviction costs.
The negative impact of squatting was not only directed towards to the
property owners affected but also the surrounding community and public
authorities involved. Ultimately the Tribunal found that the combined
factors in favour of maintaining the exemption contributed very
considerable weight to the public interest in withholding the
information..

Taking into account the above issues, we consider there to be no
over-riding public interest in releasing this information. Any public
interest would be best served by upholding the exemption under Section 31
of the FOI Act as disclosure of the information would be likely to
prejudice the prevention of crime by enabling or encouraging the
commission of offences.

Please note that your request may itself be the subject of a FOI request
and will be disclosed in that event.

If you are unhappy with the service you have received in relation to our
handling of your request you can request an internal review.

Requests for an internal review must be made in writing, and within 40
working days from the date the authority issued an initial response to
your request. Public authorities are not obliged to accept internal
reviews after this date.

Requests for internal reviews should be acknowledged and the target date
for responding will be advised usually within 20 working days. In the
event that clarification of an internal review is required from the
applicant the normal 20 working day time period will not begin until it
has been received.

When requesting an internal review, please include your reference number,
the date of your original request and your contact details. Please also
include an explanation of why you are dissatisfied with our response.
Requests for an internal review should be sent to:
[3][Bracknell Forest 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 Commission can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Information Compliance
Team                                                             

Legal Services

Delivery
                                                                                                

Bracknell Forest
Council                                                                        

Tel: 01344
352000                                                                                  

Email: [4][email address]                              
                                                                                       
                                                                                       

Web:
[5]www.bracknell-forest.gov.uk                                                
                                                                                                      

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References

Visible links
1. http://www.informationtribunal.gov.uk/DB...
2. https://ico.org.uk/media/action-weve%20t...
3. mailto:[Bracknell Forest Borough Council request email]
4. mailto:[email address]
5. http://www.bracknell-forest.gov.uk/