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Evictions and Personal Property

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Dear St Albans District Council,

1. Over the past twelve months, how many people have been evicted from local authority property?
2. Over the past twelve months, how many evicted people have been licensees?
3. Over the past twelve months, how many evicted people have been tenants?
4. Over the past twelve months, how many evicted tenants have had their personal property disposed of by the local authority?
5. Over the past twelve months, how many evicted tenants have had their personal property stored by the local authority?
6. Over the past twelve months how many evicted ex-licensees have had their personal property stored by the local authority?
7. Over the past twelve months how many evicted ex-Council licensees have had their personal property stored by the local authority?
8. Please provide details of the average cost of storing an evicted persons personal property?
9. Please provide details of the average length of time that evicted persons have their personal property stored by the local authority over the past twelve months?
10. Under what circumstances does the local authority protect the personal property of evicted persons?
11. Under what circumstances do the local authority dispose of the personal property of evicted persons?
12. Under what legal basis does the local authority dispose of the personal property of evicted persons?
13. Please detail when the local authority started disposing of evicted persons personal property seven days after eviction?
14. Please disclose any policy documents or guidance issued to housing officers regarding disposing of personal property left behind by ex-Council tenants in Council property?
15. Please disclose your evictions policy?
16. Please disclose any Equality Impact Assessments which were carried out in respect of formulating your evictions policy ?
17. Please detail over the past three years, the number of complaints that have been made by evicted persons because of the Council’s disposal of their personal property?

Yours faithfully,
Jonathan Boyle

Debra Wardena, St Albans District Council

CORPORATE SERVICES
Head of Service - Simonne De Vall
 
Our Ref: 000003755
Please ask for: FOI Coordinator
Direct Dial:  (01727) 819209
e-mail address: [St Albans District Council request email]
Date:  7th October 2019

 
 
 
 
 
Dear Mr Boyle
 
Freedom of Information Request - acknowledgement
Reference:000003755
 
I write with regard to your request for information to St Albans City &
District Council. Your email was received by the Council on 7th October
2019.
 
Under Section 10(1) of the Freedom of Information Act 2000, we are
required to respond no later than 20 working days after the date we
receive your request.
This means that you should have a response by the 4th November 2019. 
 
However, if we feel that we require further information to fulfill your
request we will write to inform you within the twenty day period [section
1(3)].
 
If we consider that complying with the request will exceed the cost limit
then we will write to tell you within 20 working days.
 
Kind Regards
 
 
 
FOI Coordinator
Corporate Services
 
 
 
 
 
 
 
 
 
Privacy Notice for Freedom of Information (FOI)/Environmental Information
(EIR) Processes
This privacy notice explains how St Albans City & District Council (the
Data Controller) will use any personal information we collect about you
when you use our services.
What information do we collect about you?
The information that the Council will collect varies depending on how you
use the Council’s Services. We are using the information provided in this
case because we have a legal obligation (Art. 6(1)(c)).  This means we
collect your personal information from you so that we can carry out a
function we are required by law to carry out i.e. responding to FOI and
EIR requests.  You will usually provide the following information: your
contact information and details of your request [Art. 6(1)(a)].   We are
collecting this limited personal information so we can respond to your
request.                                     
How will we use the information about you?
If you contact us for information, we will use your personal information
to allow us to send you the response. We may share your personal
information with other departments in order to provide you with the
response. 
We will not share the personal information we hold with any external
organisations.  We may be required to share your personal information with
the Police, Internal Audit, or similar agency, or another Council for the
purposes of preventing and detecting fraud.
We will ensure that all personal information is kept securely.
How long will you keep this information?
We will destroy this personal information 7 years after we have closed the
case.
Individuals’ Rights
You have a right to request a copy of the personal information that we
hold about you.  If you would like a copy of some or all of your
information, please contact [1][St Albans District Council request email] and ask for a subject
access request.
If you consider we hold inaccurate personal information about you, you can
contact us to ask for this information to be corrected.  We will consider
your request and respond within one month.  Please contact
[2][email address].
You can find out more about your rights on our website:  
[3]http://www.stalbans.gov.uk/council-and-d...
Changes to our Data Protection Policy
We have a Data Protection Policy in place and this can be found here:
[4]http://www.stalbans.gov.uk/Images/SADC%2...
We review this policy annually.  An updated General Data Protection
Regulation version will appear here before 25^th May 2018.
Data Protection Officer
Our Data Protection Officer for the purposes of Articles 37 to 39 of the
General Data Protection Regulation is Charles Turner, Solicitor to the
Council.  He can be contacted by emailing [5][email address] or
calling 01727 819209 for our Complaints Team.
 
 
How to contact us
Please contact us if you have any questions about our Data Protection
Policy, or concerns about how we handle your information: by emailing
[6][St Albans District Council request email] or write to us at: FOI Team, St Albans City &
District Council, St Peter’s Street, St Albans, AL1 3JE. 
Complaints
You have a right to complain to the Information Commissioner if you are
unhappy with how we process your personal information.  You can do so
through their website:  [7]https://ico.org.uk/concerns/ or by emailing:
[8][email address] or calling their helpline on 0303 123 1113.
 
 
 
 
 
 
GDPR Privacy Notice – FOI and EIR Art 6(1)(c) Legal Obligation 02.5.18
 
 
 
Do you have a ‘MyStAlbans’ District Account?
To register, just go to [9]www.stalbans.gov.uk/mystalbansdistrictaccount
to access a personalised online account that gives you instant access to
lots of useful council services, wherever you live in the District.
[10][IMG]
 
****Disclaimer****
The information in this message should be regarded as Private and is
intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the
sender
notified.
The views expressed in this message are personal and not necessarily
those of St Albans City and District Council unless explicitly stated.
Please be aware that emails sent to or received from St Albans City and
District Council may be intercepted and read by the council.
Interception will only occur to ensure compliance with council policies or
procedures or regulatory obligations, to prevent or deter crime, or for
the
purposes of essential maintenance or support of the email system.
Please note that the Council does not accept service by e-mail
The personal information you provide will be held in accordance with the
General Data Protection Regulation (GDPR) and the Council’s Data
Protection Policy.  You can find more information about how we will handle
your personal information in our privacy notice: [11]Privacy Notice

References

Visible links
1. mailto:[St Albans District Council request email]
2. mailto:[email address]
3. http://www.stalbans.gov.uk/council-and-d...
4. http://www.stalbans.gov.uk/Images/SADC%2...
5. mailto:[email address]
6. mailto:[St Albans District Council request email]
7. https://ico.org.uk/concerns/
8. mailto:[email address]
9. http://www.stalbans.gov.uk/mystalbansdis...
10. https://stalbans.force.com/mysadc/s/
11. http://www.stalbans.gov.uk/Images/Privac...

Eva Radkowska, St Albans District Council

1 Attachment

CORPORATE SERVICES
Head of Service - Simonne De Vall
 
Our Ref: 000003755
Please ask for: FOI Coordinator
Direct Dial:  (01727) 819209
e-mail address: [St Albans District Council request email]
Date:  23rd October 2019

 
 
Dear Mr Boyle
 
Freedom of Information Request Ref. No. 000003755
 
I write with regard to your request for information sent by email to St
Albans City & District Council.  Your email was received by the Council on
7th October 2019
 
Under the Freedom of Information Act 2000, we are required to confirm what
information we hold, and if we do hold the information, disclose the
information, subject to exemptions or other provisions applying.
 
You requested:
 
1. Over the past twelve months, how many people have been evicted from
local authority property?
2. Over the past twelve months, how many evicted people have been
licensees?
3. Over the past twelve months, how many evicted people have been tenants?
4. Over the past twelve months, how many evicted tenants have had their
personal property disposed of by the local authority?
5. Over the past twelve months, how many evicted tenants have had their
personal property stored by the local authority?
6. Over the past twelve months how many evicted ex-licensees have had
their personal property stored by the local authority?
7. Over the past twelve months how many evicted ex-Council licensees have
had their personal property stored by the local authority?
8. Please provide details of the average cost of storing an evicted
persons personal property?
9. Please provide details of the average length of time that evicted
persons have their personal property stored by the local authority over
the past twelve months?
10. Under what circumstances does the local authority protect the personal
property of evicted persons?
11. Under what circumstances do the local authority dispose of the
personal property of evicted persons?
12. Under what legal basis does the local authority dispose of the
personal property of evicted persons?
13. Please detail when the local authority started disposing of evicted
persons personal property seven days after eviction?
14. Please disclose any policy documents or guidance issued to housing
officers regarding disposing of personal property left behind by
ex-Council tenants in Council property?
15. Please disclose your evictions policy?
16. Please disclose any Equality Impact Assessments which were carried out
in respect of formulating your evictions policy ?
17. Please detail over the past three years, the number of complaints that
have been made by evicted persons because of the Council’s disposal of
their personal property?
 
Our response:
 
We can confirm that we do hold this information.  The answers are included
underneath each question in blue for ease of reference.
 
1. Over the past twelve months, how many people have been evicted from
local authority property?
11
2. Over the past twelve months, how many evicted people have been
licensees?
5
3. Over the past twelve months, how many evicted people have been tenants?
6
4. Over the past twelve months, how many evicted tenants have had their
personal property disposed of by the local authority?
1 tenant
For temporary accommodation 2 (1 gave permission at eviction)
5. Over the past twelve months, how many evicted tenants have had their
personal property stored by the local authority?
4
For temporary accommodation 0
6. Over the past twelve months how many evicted ex-licensees have had
their personal property stored by the local authority?
For temporary accommodation 0
7. Over the past twelve months how many evicted ex-Council licensees have
had their personal property stored by the local authority?
As Q.6 above
8. Please provide details of the average cost of storing an evicted
persons personal property?
Around £1000 per tenant
Please see attached policy for temp
9. Please provide details of the average length of time that evicted
persons have their personal property stored by the local authority over
the past twelve months?
6 months
None has been stored
10. Under what circumstances does the local authority protect the personal
property of evicted persons?
Where possessions of any value have been left behind
Please see attached policy for temp
11. Under what circumstances do the local authority dispose of the
personal property of evicted persons?
If they have not collected them by the end of the 6 month period
Please see attached policy
12. Under what legal basis does the local authority dispose of the
personal property of evicted persons?
Local Government (miscellaneous provisions) Act 1982 Section 41
Please see policy
13. Please detail when the local authority started disposing of evicted
persons personal property seven days after eviction?
This is not done for tenants of council properties.
In addition, temporary accommodation policy has been in force since July
2017 with amendments made when the removals and storage contract was
procured. 
14. Please disclose any policy documents or guidance issued to housing
officers regarding disposing of personal property left behind by
ex-Council tenants in Council property?
Please see attached Clearance of Effects Policy
Storage and removals policy is attached
15. Please disclose your evictions policy?
We do not currently have an Evictions Policy and seek legal advice on any
necessary points.
16. Please disclose any Equality Impact Assessments which were carried out
in respect of formulating your evictions policy ?
On the tenancy side there were no formal assessments carried out.
A proportionality assessment is carried out before all cases in temp are
referred to court for possession.
 
17. Please detail over the past three years, the number of complaints that
have been made by evicted persons because of the Council’s disposal of
their personal property?
None in respect of tenants.
None for temporary accommodation.
 
If you are dissatisfied with this response the Commissioner’s Office
recommends that you first refer the matter to the Council. You can do this
by writing to [1][St Albans District Council request email] asking for an internal review of my
decision. If you wish the Council to undertake an internal review, then
you must write to the Council within 40 working days of the date of this
letter. The Council will not consider any requests received after this
date unless there are exceptional circumstances for the delay. 
 
You have a right to appeal to the Information Commissioner's Office at the
following address: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
You must do this no later than two months after the Local Authority’s last
response to you.
 
Kind Regards
 
 
FOI Coordinator
Corporate Services
 
 
 
 
Do you have a ‘MyStAlbans’ District Account?
To register, just go to [2]www.stalbans.gov.uk/mystalbansdistrictaccount
to access a personalised online account that gives you instant access to
lots of useful council services, wherever you live in the District.
[3][IMG]
 
****Disclaimer****
The information in this message should be regarded as Private and is
intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the
sender
notified.
The views expressed in this message are personal and not necessarily
those of St Albans City and District Council unless explicitly stated.
Please be aware that emails sent to or received from St Albans City and
District Council may be intercepted and read by the council.
Interception will only occur to ensure compliance with council policies or
procedures or regulatory obligations, to prevent or deter crime, or for
the
purposes of essential maintenance or support of the email system.
Please note that the Council does not accept service by e-mail
The personal information you provide will be held in accordance with the
General Data Protection Regulation (GDPR) and the Council’s Data
Protection Policy.  You can find more information about how we will handle
your personal information in our privacy notice: [4]Privacy Notice

References

Visible links
1. mailto:[St Albans District Council request email]
2. http://www.stalbans.gov.uk/mystalbansdis...
3. https://stalbans.force.com/mysadc/s/
4. http://www.stalbans.gov.uk/Images/Privac...

We don't know whether the most recent response to this request contains information or not – if you are Jonathan Boyle please sign in and let everyone know.