Dear Ms Corderoy

Request for Information RFI-4200-22

Thank you for your request for information relating to Exempt
accommodation which was received on 10 February 2022.

In accordance with the provisions of the Freedom of Information Act 2000
the council will respond to your request within 20 working days, saying
whether we have the information that you want, and if there will be any
charges. 

If, for any reason, we cannot provide you with the information, we will
tell you why.

If we need to clarify your request, we will contact you again.

Update – Your Information Rights Requests and Coronavirus:

Walsall Council is working extremely hard to ensure the safety and
wellbeing of all residents of the borough during this difficult period. As
part of this working practices and priorities within the council may need
to change in line with advice from the Government and our own Public
Health Service.

This may mean that our usual processes for responding to requests for
information will need to change, and unfortunately you may experience
delays in receiving the information you have requested.

We apologise in advance if we cannot respond within the statutory
timeframe of your request - however should your request be effected we
will let you know and will endeavour to keep you updated on our progress.

We ask that show understanding and patience as we work through this
difficult time and we assure that we will do our upmost to ensure you
receive a response to your request as soon as possible

In the meantime, if you need to contact me about your request, please do
so quoting the above reference number.

Yours sincerely,

Fakhara Qanwal

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Email: [Walsall Council request email]

Service area: [1]walsall.gov.uk/ Information Governance and Assurance

Website:  [2]www.walsall.gov.uk

[3]http://int.walsall.gov.uk/portals/0/Comm...

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
RESPECT CONFIDENTIALITY AND DO NOT SHARE OR FORWARD IT TO ANYONE ELSE
WITHOUT THE EXPRESS CONSENT OF THE AUTHOR. The information in this message
should be regarded as confidential 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 Walsall MBC unless
explicitly stated.  E-mails sent or received from Walsall MBC 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 detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

E-mail Security: Communication by internet email is not secure as
messages can be intercepted and read by someone else. Therefore we
strongly advise you not to email any information, which if disclosed to
unrelated third parties would be likely to cause harm or distress. If you
have an enquiry of this nature please provide a postal address to allow us
to communicate with you in a more secure way. If you want us to respond by
email you must realise that there can be no guarantee of privacy.

References

Visible links
1. https://eur01.safelinks.protection.outlo...
2. https://eur01.safelinks.protection.outlo...

Dear Ms Corderoy

Request for Information RFI-4200-22

Further to your request for information Exempt accommodation , received
on 10 February 2022, I am writing to ask for some further clarification of
some aspects of your request.

In order for us to process your request as fully as possible could you
please provide the following information:

We require further clarity on the point below.  Please would you provide a
link or document  for the two ICO rulings referenced.  Thank you.

I would like to highlight how the Information Commissioner’s Office has
previously ruled that this type of information should be disclosed. For
example, in 2015, the ICO held that Torbay Council was not entitled to
withhold the names of landlords who have directly received the largest
amounts of housing benefit. In 2014, the ICO also ruled that Halton
Borough Council was wrong to withhold similar information.

The Freedom of information Act 2000 allows the council 20 working days in
which to respond to requests.  However, this “clock” stops should we need
to seek clarification in order to locate or identify relevant
information. 

As such, your request is now on hold until we receive the clarification
requested.

If you wish to proceed with this request please send your clarification to
us, quoting the above reference number.

Please note that if we have not received your clarification within 15
working days we will close your request.

If you have any questions, please do not hesitate to contact us.

Yours sincerely

Yours sincerely,

Denise Gold

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Email: [Walsall Council request email]

Service area: [1]walsall.gov.uk/ Information Governance and Assurance

Website:  [2]www.walsall.gov.uk

[3]http://int.walsall.gov.uk/portals/0/Comm...

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
RESPECT CONFIDENTIALITY AND DO NOT SHARE OR FORWARD IT TO ANYONE ELSE
WITHOUT THE EXPRESS CONSENT OF THE AUTHOR. The information in this message
should be regarded as confidential 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 Walsall MBC unless
explicitly stated.  E-mails sent or received from Walsall MBC 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 detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

E-mail Security: Communication by internet email is not secure as
messages can be intercepted and read by someone else. Therefore we
strongly advise you not to email any information, which if disclosed to
unrelated third parties would be likely to cause harm or distress. If you
have an enquiry of this nature please provide a postal address to allow us
to communicate with you in a more secure way. If you want us to respond by
email you must realise that there can be no guarantee of privacy.

References

Visible links
1. https://eur01.safelinks.protection.outlo...
2. https://eur01.safelinks.protection.outlo...

Good Afternoon

Request for Information RFI-4200-22

Thank you for providing the requested clarification for your request for
information relating to Exempt accommodation which was received on 5 May
2022.

In accordance with the provisions of the Freedom of Information Act 2000
the council will respond to your request within 20 working days, saying
whether we have the information that you want, and if there will be any
charges. 

If, for any reason, we cannot provide you with the information, we will
tell you why.

If we need to clarify your request, we will contact you again.

Update – Your Information Rights Requests and Coronavirus:

Walsall Council is working extremely hard to ensure the safety and
wellbeing of all residents of the borough during this difficult period. As
part of this working practices and priorities within the council may need
to change in line with advice from the Government and our own Public
Health Service.

This may mean that our usual processes for responding to requests for
information will need to change, and unfortunately you may experience
delays in receiving the information you have requested.

We apologise in advance if we cannot respond within the statutory
timeframe of your request - however should your request be effected we
will let you know and will endeavour to keep you updated on our progress.

We ask that show understanding and patience as we work through this
difficult time and we assure that we will do our upmost to ensure you
receive a response to your request as soon as possible

In the meantime, if you need to contact me about your request, please do
so quoting the above reference number.

Yours sincerely,

James Sparrock

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Email: [Walsall Council request email]

Service area: [1]walsall.gov.uk/ Information Governance and Assurance

Website:  [2]www.walsall.gov.uk

[3]http://int.walsall.gov.uk/portals/0/Comm...

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
RESPECT CONFIDENTIALITY AND DO NOT SHARE OR FORWARD IT TO ANYONE ELSE
WITHOUT THE EXPRESS CONSENT OF THE AUTHOR. The information in this message
should be regarded as confidential 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 Walsall MBC unless
explicitly stated.  E-mails sent or received from Walsall MBC 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 detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

E-mail Security: Communication by internet email is not secure as
messages can be intercepted and read by someone else. Therefore we
strongly advise you not to email any information, which if disclosed to
unrelated third parties would be likely to cause harm or distress. If you
have an enquiry of this nature please provide a postal address to allow us
to communicate with you in a more secure way. If you want us to respond by
email you must realise that there can be no guarantee of privacy.

From: Jenna Corderoy
Sent: Thursday, May 5, 2022 3:10 PM
To: InformationRights
Subject: Re: RFI-4200-22 Exempt accommodation

CAUTION: STOP and THINK - This email originated from outside of the
council. If it looks suspicious it probably is and you should NEVER enter
your council username and password into an external link or open
attachments.

Good afternoon,

Here are the ICO Decision Notices:

https://eur01.safelinks.protection.outlo...

https://eur01.safelinks.protection.outlo...

Yours faithfully,

Jenna Corderoy

show quoted sections

Dear Ms Corderoy,

Freedom of Information Request RFI-4200-22

Further to your request for information about Exempt accommodation, 

This is a request for information under the Freedom of Information Act.

This request concerns “exempt accommodation”. The UK Parliament defines
this as: “Supported housing which is exempt from certain Housing Benefit
provisions. It is a sector which houses more marginalised groups with
support needs, such as recent prison leavers; care leavers; those fleeing
domestic violence; and homeless people with substance dependence or mental
health issues.”

I understand that housing benefit for people in “exempt accommodation” is
paid by the council directly to landlords.

I would like to request the following information:

(1) Please state how much housing benefit has been paid by the council
directly to landlords to provide “exempt accommodation” for those in
receipt of the benefits. Please provide the figures for each of the past
three financial years (2018/19, 2019/20, 2020/21), as well as any
available data for 2021/22.   

Please see attached spreadsheet. 

(2) Please provide a list of the 20 landlords that have received the
highest amount in housing benefit from the council for providing “exempt
accommodation” for those in receipt of the benefits. Again, please provide
this information for each of the past three financial years (2018/19,
2019/20, 2020/21) as well as any available data for 2021/22. For each
year, please (a) provide the landlord’s full name or company name, (b)
state the total amount they received from the council in each year.

I would like to highlight how the Information Commissioner’s Office has
previously ruled that this type of information should be disclosed. For
example, in 2015, the ICO held that Torbay Council was not entitled to
withhold the names of landlords who have directly received the largest
amounts of housing benefit. In 2014, the ICO also ruled that Halton
Borough Council was wrong to withhold similar information.

I would like to receive the data in an Excel format.

In regard to Q2, we are unable to provide this information as it is exempt
under S43 (2) of the Freedom of Information Act.

Section 43(2) of the Act sets out an exemption from the right to know if
release of the information is likely to prejudice the commercial interests
of any person (a person may be an individual, a company, the public
authority itself or any other legal entity). 

In this case, release of the information would be likely to prejudice the
commercial interests of the local authority.

Section 43 is a qualified exemption, it is therefore subject to the public
interest. That means we are also obliged to consider whether the ‘public
interest’ in withholding the information outweighs the ‘public interest’
in disclosing it.

Consideration of Public Interest Test

Arguments in favour of disclosure of a list of the 20 landlords that have
received the highest amount in housing benefit from the council for
providing “exempt accommodation” for those in receipt of the benefits:

Release of any financial information regarding exempt accommodation would
be of public interest in terms of financial openness.

It would correspond with a policy of accountability
and transparency in giving insight into the public’s
interest in how the council operates and how it allocates public monies. 

Arguments in favour of withholding the information:

Exempt Accommodation allows providers to charge higher rents to the
council because of the specific nature of the accommodation, the
tenants(s) and their additional requirements. These rents and benefits are
negotiated on an individual basis with providers. 

There is a public interest in allowing public authorities to withhold
information relating to monies paid to a provider following negotiations,
which if disclosed, would reduce its ability to negotiate in such an
environment and potentially contribute to higher costs to the public purse
in the future in terms of rents paid and benefits.

Publication of this information would be likely to put the local authority
at a disadvantage in its negotiations with providers of Exempt Supported
Accommodation – both in terms of existing providers and any potential new
providers.

The negotiation process under this scheme requires providers to make
applications for an appropriate rent payment and if they had prior
knowledge of current payment levels, this would be likely to strengthen
their position to seek higher rates in the knowledge of the highest rents
that providers are receiving. This would then be likely to have a knock on
effect in terms of benefits paid to eligible tenants. 

Taking into account the considerations set out above, it is
my view that, on balance, the public interest in maintaining the exemption for releasing
the information about the  20 landlords that have received the highest
amount in housing benefit from the council for providing “exempt
accommodation” for those in receipt of the
benefits, outweighs the public interest in disclosure.  

Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection.  In
most cases the copyright will be owned by Walsall Council. The copyright
in respect of other information may be owned by another person or
organisation, as indicated.

You are free to use any information supplied to you in response to this
request for your own non-commercial research or private study purposes.
The information may also be used for any other purpose allowed by a
limitation or exception in copyright law, such as news
reporting.  However, any other type of re-use, for example by publishing
the information in analogue or digital form, including on the internet,
will require the permission of the copyright owner.

I hope that the information provided is useful to you. However, if you are
dissatisfied, you should set out in writing your grounds for complaint and
send to: Corporate Assurance Manager, Resources & Transformation, Civic
Centre, Darwall Street, Walsall, WS1 1TP.

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner’s Office (ICO) for a decision.
Please remember that, generally, the ICO cannot make a decision unless you
have first exhausted the complaints procedure provided by the council. The
Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF. [1]https://ico.org.uk/global/contact-us/

Yours sincerely,

Denise Gold

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Email: [Walsall Council request email]

Service area: [2]walsall.gov.uk/ Information Governance and Assurance

Website:  [3]www.walsall.gov.uk

[4]http://int.walsall.gov.uk/portals/0/Comm...

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
RESPECT CONFIDENTIALITY AND DO NOT SHARE OR FORWARD IT TO ANYONE ELSE
WITHOUT THE EXPRESS CONSENT OF THE AUTHOR. The information in this message
should be regarded as confidential 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 Walsall MBC unless
explicitly stated.  E-mails sent or received from Walsall MBC 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 detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

E-mail Security: Communication by internet email is not secure as
messages can be intercepted and read by someone else. Therefore we
strongly advise you not to email any information, which if disclosed to
unrelated third parties would be likely to cause harm or distress. If you
have an enquiry of this nature please provide a postal address to allow us
to communicate with you in a more secure way. If you want us to respond by
email you must realise that there can be no guarantee of privacy.

References

Visible links
1. https://ico.org.uk/global/contact-us/
2. https://eur01.safelinks.protection.outlo...
3. https://eur01.safelinks.protection.outlo...