18 July 2023
Our ref: IRN18301200
Dear Sir / Madam
Environmental Information Regulations 2004
I can confirm that the information requested is held by Lambeth Council. I have detailed
below the information that is being released to you.
Your Request
For each of the financial years 2017/18, 2018/19, 2019/20, 2020/21, 2021/22, 2022/23
please provide me with the following:
1. The total number of staff employed (directly or indirectly) by the local authority to
inspect residential properties for category 1 or 2 hazards.
2. Of (1), the total number who were qualified Environmental Health Officers.
3. The total number of inspections carried out by either (1) or (2) to see whether
category 1 or 2 hazards exist in residential properties which are owned by the council or
social housing providers, or privately rented. (Please refer to section four of the Housing
Act 2004 if in doubt about the nature of the inspections.)
4. The total number of complaints that the local authority has received about hazards or
poor conditions in residential properties which are owned by the council or social
housing providers, or privately rented.
Our Response
Please see Table below.
For Q3 years 2017 – 2022, we are citing cost refusal as obtaining this information will
take in excess of 18 hours.
We consider that the EIR is the correct legislation for this response.
We note that Section 2(EIR) defines Environmental Information as follows:-
Environmental Information has the same meaning as in Article 2(1) of the Directive,
namely any information in written, visual, aural, electronic or any other material form
on—
a) the state of the elements of the environment, such as air and atmosphere, water,soil,
land, landscape and natural sites including wetlands, coastal and marine areas,
biological diversity and its components, including genetically modified organisms, and
the interaction among these elements;
b) factors, such as substances, energy, noise, radiation or waste, including radioactive
waste, emissions, discharges and other releases into the environment, affecting or
likely to affect the elements of the environment referred to in (a);
c) measures (including administrative measures), such as policies, legislation, plans,
programmes, environmental agreements, and activities affecting or likely to affect the
elements and factors referred to in (a) and (b) as well as measures or activities
designed to protect those elements;
(d) reports on the implementation of environmental legislation;
(e) cost-benefit and other economic analyses and assumptions used within the
framework of the measures and activities referred to in (c); and
(f) the state of human health and safety, including the contamination of the food chain,
where relevant, conditions of human life, cultural sites and built structures inasmuch as
they are or may be affected by the state of the elements of the environment referred to
in (a) or, through those elements, by any of the matters referred to in (b) and (c);
We consider that this will fall within subsections D & E of the EIR.
Regulation 12 (4)(b): Manifestly Unreasonable
We cannot comply with this request as we consider that it is manifestly unreasonable in
accordance with Regulation 12 (4) (b) EIR.
We consider that this Regulation applies due to the amount of time it would take us to
collate information to respond to the request and the burden the request places on our
authority.
We note the Commissioner’s position, as explained by the
East Devon District Council
case at paragraph 17:-
The EIR differ from the FOIA in that no specific limit is set on the amount of work
required by an authority to respond to a request as provided by section 12 of the FOIA.
The Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004 (the fees regulations) which apply in relation to section 12 of the
FOIA are not directly relevant to the EIR - the cost limit and hourly rate set by the fees
regulations do not apply in relation to environmental information. However, the
Commissioner accepts that the fees regulations provide a useful starting point where
the reason for citing regulation 12(4)(b) is the time and cost of a request but they are
not a determining factor in assessing whether the exception applies.
The Fees Regulations used by FOIA explains that the Council can refuse to comply
with a request if the cost of compliance will exceed the Appropriate Limit under section
12. The limit is currently set at £450 which is the equivalent to 18 hours at £25 per
hour.
We can also consider the time it would take our team to review the information and
apply any relevant exceptions.
Public Interest in Disclosure
We note that Regulation 12 (2) has a presumption of disclosure.
We also note that this matter is likely to be of interest to the local community.
Public Interest in maintaining the exception
We consider that compiling a response to this request would be a significant diversion
of resources which would not be in the public interest as it may disrupt other decision-
making or other workloads. It is not in the public interest to divert officer’s attention from
their core work in order that we respond to a request made by one individual which may
have limited wider public interest.
We consider overall that the public interest in maintaining the exception outweighs the
public interest in disclosure.
Should you wish to redefine or shorten your request then please resubmit another
request to us and we will consider if we can respond.
Right to review
If you are dissatisfied with the way in which your Freedom of Information request has
been dealt with you can request an internal review. Tell us why you are unhappy with
our response within 40 working days, and it will be looked at afresh. We will aim to
provide you with our review response within 20 working days.
By email: xxx@xxxxxxx.xxx.xx (Please quote the reference number above) or by writing
to:
London Borough of Lambeth
Freedom of Information
P.O. Box 734
Winchester
S023 5DG
If you remain dissatisfied with the outcome of the review you have a further right to
appeal to the Information Commissioner, who regulates the implementation of the
Freedom of Information Act. The Commissioner can be contacted at the following
address:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 0330 123 1113
Website:
www.ico.org.uk
I will now close your request as of this date.
Yours faithfully
FOI Team
London Borough of Lambeth
Website:
www.lambeth.gov.uk
Lambeth - a Co-operative Council
