Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (The "Bedroom Tax")

The request was partially successful.

Dear Brighton and Hove City Council,

On 24 March 2017 the DWP issued a revised Housing Benefit Circular A3/2017 with regard to the Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 that cover important information concerning Local Authority implementation of the “Bedroom Tax”
This circular was unusual in that it contained an apology for issuing misleading original guidance that had been identified as such by the Supreme Court.
An “Urgent Bulletin” (HB U3/2016) was sent to Local Authorities on 9 November 2016 warning of this previous error by the DWP and that guidance would be issued in due course.
The main result of the Supreme Court Ruling is that a number of households who were judged not to meet the Qualifying conditions for an extra bedroom were discriminated against. This includes cases that were decided upon by “Decision Makers” of Brighton and Hove City Council.

Could you please inform me of what action B&HCC has taken to rectify the results of this initial incorrect guidance from the DWP to ensure that the Council meets the requirements of the Supreme Court Ruling?
Have those residents who have been incorrectly subject to the “Bedroom Tax” been contacted including those refused Discretionary Housing Payments and those forced to move home?
What arrangements have been made to recompense those affected?
If nothing has yet been done what action is proposed?
Have Members of the Housing and New Homes Committee been informed of the effect of the Supreme Court Ruling?

Yours truly,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

Thank you for submitting your Freedom of Information (FOI) request to
Brighton & Hove City Council.

 

We will respond to your request within 20 working days as stipulated under
the Freedom of Information Act (2000).

 

Regards,

 

Information Governance Team

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Dear Freedom Of Information,

By law I should have received a response to my request regarding 'Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (The "Bedroom Tax").'

Could you please provide an indication of when I can expect a response to this urgent and important issue.

Yours truly

Steve Parry

Freedom Of Information, Brighton and Hove City Council

Thank you for your email. This mailbox is managed during the working hours
of 8:00am to 4:00pm on Monday to Friday (excluding Bank Holidays). Emails
received outside of these hours will usually be processed during the next
available working day.

 

If you are submitting a Freedom of Information Request (FOI) then the
Council has a legal obligation to respond no later than 20 working days
following the date of receipt.

 

You can find more information about the FOI process on the Council’s
website through this link;

 

[1]Freedom of Information – Brighton & Hove City Council  

 

Regards,

 

Information Governance Team | 01273 295959 | [2]Brighton & Hove City
Council

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
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that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [3]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
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Freedom Of Information, Brighton and Hove City Council

 

Please find set out below the information in response to the above request
FOI 7908:

 

Could you please inform me of what action B&HCC has taken to rectify the
results of this initial incorrect guidance from the DWP to ensure that the
Council meets the requirements of the Supreme Court Ruling?

 

Have those residents who have been incorrectly subject to the “Bedroom
Tax” been contacted including those refused Discretionary Housing Payments
and those forced to move home?

 

What arrangements have been made to recompense those affected?

 

If nothing has yet been done what action is proposed?

 

Response:

 

This information requested is currently in the process of being drafted
and the Councils position finalised.  Therefore the Council believes that
this information is exempt under section 22 of the Act – future
publication.

 

Public interest Test

 

Section 22 is subject to a public interest test. The public interest test
starts from a positon of expectation to disclose the information. In this
case the Council balanced the request to see whether it would be in the
public interest to disclose or withhold the information. 

 

We do not believe that early release of the information as requested would
inform the public debate and in fact may well have a negative effect, in
that incomplete information would be released into the public domain.

 

 

Have Members of the Housing and New Homes Committee been informed of the
effect of the Supreme Court Ruling?

 

This information is exempt under section 21 – information  reasonably
accessible by other means.  All minutes of the  are available here
[1]https://present.brighton-hove.gov.uk/mgC...

 

 

 

Should you have any further queries about this request, please contact us
via email to [2][Brighton and Hove City Council request email] quoting the
reference number given above.

 

If you are not satisfied with the handling of your request, you can appeal
(Internal Review) within 2 months of the completed FOI. Write to:

 

Freedom of Information Appeals

Brighton & Hove City Council

ICT 4th Floor

Bartholomew House

Bartholomew Square

Hove BN1 1JE

[3][Brighton and Hove City Council request email]

 

If you are still not satisfied after your Internal Review has been
investigated, you can escalate your complaint to the Information
Commissioners Office. The contact details are:

 

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Helpline: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

e-mail: [4][email address]

Website: [5]www.ico.org.uk

 

 

Re-use of Public Sector Information and Copyright Statement

Where information has been supplied, you are advised that the copyright in
that material is owned by Brighton & Hove City Council and/or its
contractor(s) unless otherwise stated. The supply of documents under the
Freedom of Information Act does not give the recipient an automatic right
to re-use those documents in a way that would infringe copyright, for
example, by making multiple copies, publishing and issuing copies to the
public. Brief extracts of the material can be reproduced under the “fair
dealing” provisions of the Copyright Design and Patents Act 1998 (S.29 and
S.30) for the purposes of research for non-commercial purposes, private
study, criticism, review and news reporting. Authorisation to re-use
copyright material not owned by Brighton & Hove City Council and/or its
contractor(s) should be sought from the copyright holders concerned. If
you are considering re-using the information disclosed to you through this
request, for any purpose outside of what could be considered for personal
use, then you are required under the Public Sector Re-use of Information
Regulations 2005 to make an Application for Re-use to the organisation
from which you have requested the information. Applications for Re-use
should be directed to the Data Protection Manager at the address above.

 

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [6]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

References

Visible links
1. https://present.brighton-hove.gov.uk/mgC...
2. mailto:[Brighton and Hove City Council request email]
3. mailto:[Brighton and Hove City Council request email]
4. mailto:[email address]
5. http://www.ico.org.uk/
6. http://www.brighton-hove.gov.uk/

Dear Freedom Of Information,

I am requesting an urgent internal review of the decision to refuse access to this information

Yours sincerely,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

Thank you for your email. This mailbox is managed during the working hours
of 8:00am to 4:00pm on Monday to Friday (excluding Bank Holidays). Emails
received outside of these hours will usually be processed during the next
available working day.

 

If you are submitting a Freedom of Information Request (FOI) then the
Council has a legal obligation to respond no later than 20 working days
following the date of receipt.

 

You can find more information about the FOI process on the Council’s
website through this link;

 

[1]Freedom of Information – Brighton & Hove City Council  

 

Regards,

 

Information Governance Team | 01273 295959 | [2]Brighton & Hove City
Council

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [3]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

References

Visible links
1. http://www.brighton-hove.gov.uk/content/...
2. http://www.brighton-hove.gov.uk/
3. http://www.brighton-hove.gov.uk/

Freedom Of Information, Brighton and Hove City Council

 

Please find set out below the information in response to the above
request:

 

Could you please inform me of what action B&HCC has taken to rectify the
results of this initial incorrect guidance from the DWP to ensure that the
Council meets the requirements of the Supreme Court Ruling?

Have those residents who have been incorrectly subject to the “Bedroom
Tax” been contacted including those refused Discretionary Housing Payments
and those forced to move home?

What arrangements have been made to recompense those affected?

If nothing has yet been done what action is proposed?

 

This information requested is currently in the process of being drafted
and the Councils position finalised.  Therefore the Council believes that
this information is exempt under section 22 of the Act – future
publication.

 

Public interest Test

Section 22 is subject to a public interest test. The public interest test
starts from a positon of expectation to disclose the information. In this
case the Council balanced the request to see whether it would be in the
public interest to disclose or withhold the information. 

We do not believe that early release of the information as requested would
inform the public debate and in fact may well have a negative effect, in
that incomplete information would be released into the public domain.

Have Members of the Housing and New Homes Committee been informed of the
effect of the Supreme Court Ruling?

 

This information is exempt under section 21 – information  reasonably
accessible by other means.  All minutes of the  are available here
[1]https://present.brighton-hove.gov.uk/mgC...

 

Should you have any further queries about this request, please contact us
via email to [2][Brighton and Hove City Council request email] quoting the
reference number given above.

 

If you are not satisfied with the handling of your request, you can appeal
(Internal Review) within 2 months of the completed FOI. Write to:

 

Freedom of Information Appeals

Brighton & Hove City Council

ICT 4th Floor

Bartholomew House

Bartholomew Square

Hove BN1 1JE

[3][Brighton and Hove City Council request email]

 

If you are still not satisfied after your Internal Review has been
investigated, you can escalate your complaint to the Information
Commissioners Office. The contact details are:

 

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Helpline: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

e-mail: [4][email address]

Website: [5]www.ico.org.uk

 

 

Re-use of Public Sector Information and Copyright Statement

Where information has been supplied, you are advised that the copyright in
that material is owned by Brighton & Hove City Council and/or its
contractor(s) unless otherwise stated. The supply of documents under the
Freedom of Information Act does not give the recipient an automatic right
to re-use those documents in a way that would infringe copyright, for
example, by making multiple copies, publishing and issuing copies to the
public. Brief extracts of the material can be reproduced under the “fair
dealing” provisions of the Copyright Design and Patents Act 1998 (S.29 and
S.30) for the purposes of research for non-commercial purposes, private
study, criticism, review and news reporting. Authorisation to re-use
copyright material not owned by Brighton & Hove City Council and/or its
contractor(s) should be sought from the copyright holders concerned. If
you are considering re-using the information disclosed to you through this
request, for any purpose outside of what could be considered for personal
use, then you are required under the Public Sector Re-use of Information
Regulations 2005 to make an Application for Re-use to the organisation
from which you have requested the information. Applications for Re-use
should be directed to the Data Protection Manager at the address above.

 

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [6]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

References

Visible links
1. https://present.brighton-hove.gov.uk/mgC...
2. mailto:[Brighton and Hove City Council request email]
3. mailto:[Brighton and Hove City Council request email]
4. mailto:[email address]
5. http://www.ico.org.uk/
6. http://www.brighton-hove.gov.uk/

Dear Freedom Of Information,

Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (The "Bedroom Tax").

This request for information was originally submitted on 6 April 2017. Could you please advise me when I am likely to receive a response in relation to a decision that the Council should have made as early as November 2016

Yours truly,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

Thank you for your email. This mailbox is managed during the working hours
of 8:00am to 4:00pm on Monday to Friday (excluding Bank Holidays). Emails
received outside of these hours will usually be processed during the next
available working day.

 

If you are submitting a Freedom of Information Request (FOI) then the
Council has a legal obligation to respond no later than 20 working days
following the date of receipt.

 

You can find more information about the FOI process on the Council’s
website through this link;

 

[1]Freedom of Information – Brighton & Hove City Council  

 

Regards,

 

Information Governance Team | 01273 295959 | [2]Brighton & Hove City
Council

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [3]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

References

Visible links
1. http://www.brighton-hove.gov.uk/content/...
2. http://www.brighton-hove.gov.uk/
3. http://www.brighton-hove.gov.uk/

Freedom Of Information, Brighton and Hove City Council

1 Attachment

  • Attachment

    Unclassified RESPONSE TO FREEDOM OF INFORMATION REQUEST FOI 7908.html

    18K Download

Dear Mr Parry,

Our records show that we responded to this request on 15th May 2017 as per the attached.

If you are not satisfied with the handling of your request, you can appeal (Internal Review) within 2 months of the completed FOI.

Yours sincerely,

Information Governance Team I IT & Digital

01273 295959 I Monday-Friday 8am-4pm
[Brighton and Hove City Council request email]

show quoted sections

Dear Freedom Of Information,
The response you refer to was originally sent to me on 11 May to which I responded by return with the following;

"I am requesting an urgent internal review of the decision to refuse access to this information"

For some reason your email of 11 May was repeated on 15 May

Yours sincerely,

Steve Parry

Freedom Of Information, Brighton and Hove City Council

Thank you for your email. This mailbox is managed during the working hours
of 8:00am to 4:00pm on Monday to Friday (excluding Bank Holidays). Emails
received outside of these hours will usually be processed during the next
available working day.

 

If you are submitting a Freedom of Information Request (FOI) then the
Council has a legal obligation to respond no later than 20 working days
following the date of receipt.

 

You can find more information about the FOI process on the Council’s
website through this link;

 

[1]Freedom of Information – Brighton & Hove City Council  

 

Regards,

 

Information Governance Team | 01273 295959 | [2]Brighton & Hove City
Council

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [3]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

References

Visible links
1. http://www.brighton-hove.gov.uk/content/...
2. http://www.brighton-hove.gov.uk/
3. http://www.brighton-hove.gov.uk/

Katie Rees,

3 Attachments

Good Afternoon Mr Parry,

 

I hope this email finds you well.

 

Thank you for your recent request for Internal Review of FOI7908.

Please find our response attached, if you remain dissatisfied, please
contact the ICO.

 

Many thanks,

 

Katie Rees

Data Protection & GDPR I Information Governance Team I IT&D

Brighton & Hove City Council I 01273 291415 

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Working in partnership

Please find our new suite of Information Governance policies [3]here.

 

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [4]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

References

Visible links
3. http://wave.brighton-hove.gov.uk/SUPPORT...
4. http://www.brighton-hove.gov.uk/

Freedom Of Information, Brighton and Hove City Council

2 Attachments

Good Afternoon Mr Parry,

 

As you may remember, your recent Freedom of Information Request was exempt
under Exemption 22 – Future Publication.

 

We are now in a position to provide you with this information, please find
our response below:

 

1.    Could you please inform me of what action B&HCC has taken to rectify
the results of this initial incorrect guidance from the DWP to ensure that
the Council meets the requirements of the Supreme Court Ruling?

 

The Council has undertaken a process to identify tenants on Housing
Benefit who may be affected by this change. They are being contacted so it
can be determined whether this change will affect them. Letters are being
sent in June and will be staggered over a period of time.

 

2.    Have those residents who have been incorrectly subject to the
“Bedroom Tax” been contacted including those refused Discretionary Housing
Payments and those forced to move home?

 

See answers to question 1

 

3.    What arrangements have been made to recompense those affected?

 

Any cases identified will have their Housing Benefit reassessed in line
with the revised guidance.

 

4.    If nothing has yet been done what action is proposed?

 

Not applicable

 

Kindest Regards,

 

 

Freedom of  Information Team

Brighton & Hove City Council I 01273 295959

[1]Orbis_email signature_100px [2]partners_email signature_35px
Working in partnership

Please find our new suite of Information Governance policies [3]here.

 

 

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [4]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

References

Visible links
3. http://wave.brighton-hove.gov.uk/SUPPORT...
4. http://www.brighton-hove.gov.uk/

STEVE PARRY left an annotation ()

This is now being investigated by the ICO

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