Information re the Curo Housing Group and the EIR

The request was partially successful.

Dear Information Commissioner’s Office,

A while ago, I spoke to a staff member on your telephone helpline, with regard to whether or not the Curo Housing Group would be subject to requests for information under the Environmental Information Regulations (EIR).

I was intrigued when he began to look Curo up on some kind of database at your end.

Please would you:

1) Release any information that you have on Curo's EIR status.
2) Release any internal guidance that you have on whether a particular housing association is subject to the EIR.
3) If you have it, provide a list of Housing Associations that you consider subject to EIR,
and those which aren't.

Many thanks for your time.

Yours faithfully,

Joe Scofield

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
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Information Commissioner’s Office

1 Attachment

15 December 2017

 

Case Reference Number IRQ0711412

Dear Mr Schofield

Thank you for your recent request for information. We received your
request on 16 November 2017.
 
We have considered your request under the Freedom of Information Act 2000.
 
 
Your request
 
In your email you asked for the following:
 
"A while ago, I spoke to a staff member on your telephone helpline, with
regard to whether or not the Curo Housing Group would be subject to
requests for information under the Environmental Information Regulations
(EIR). I was intrigued when he began to look Curo up on some kind of
database at your end. Please would you: 1) Release any information that
you have on Curo's EIR status. 2) Release any internal guidance that you
have on whether a particular housing association is subject to the EIR. 3)
If you have it, provide a list of Housing Associations that you consider
subject to EIR, and those which aren't."

Our response 
 
Information held
 
Point two
 
I can confirm that we do hold some information within the scope of your
request.  
 
The following link sets out the criteria to use when determining whether
an organisation is a public authority under the EIR. It is of particular
assistance when applying the definition under regulation 2(2)(c) or (d)
EIR and it is what the ICO itself would refer to: 
 
[1]https://ico.org.uk/media/for-organisatio...
 
The following decision notices concern the status of Northern Ireland
housing associations can be accessed via the links below:
 
[2]https://ico.org.uk/media/action-weve-tak...
 
[3]https://ico.org.uk/media/action-weve-tak...
 
We also hold some policy advice regarding the status of housing
associations under the EIR. Please see attached. This is the final
version, even though it states that it is a 'draft'.
 
Information not held 
 
The ICO does not hold information which falls within the scope of your
request at points one and three.

Point one

We do not hold information on Curo’s EIR status.

It might help to explain that the database you refer to would be our data
controller registration database for the purposes of the Data Protection
Act 1998 which you can download at the following link:
 
[4]https://ico.org.uk/about-the-ico/what-we...
 
This though has nothing to do with EIR status.

Point three

Under Directive 20034EC Article 3.5.b EIR it states:
For the purposes of this Article, Member States shall ensure that:
....
(b) lists of public authorities are publicly accessible;”
 
However, although the ICO regulates compliance with the FOIA in this
country, it is not responsible for implementing the directive into law. 
DEfRA is the Government Department responsible for the EIR in this
respect. The ICO does not hold such a list.
 
Next steps
 
I hope this response is clear. If you would like me to clarify anything
about the way your request has been handled please contact me.
 
You can ask us to review the way we have handled your request. Please see
our review procedure [5]here  .
 
Following our internal review, if you remain dissatisfied with the way we
have handled your request, there is a statutory complaints process and you
can report your concern to the regulator.
 
To make such an application, please write to our Customer Contact Team, at
the address given or visit the ‘Complaints’ section of our website to make
a Freedom of Information Act or Environmental Information Regulations
complaint online.
 
Yours sincerely 
 
Janine Gregory
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0303 123 1113  F. 01625 524510  [6]ico.org.uk  [7]twitter.com/iconews
Please consider the environment before printing this email
For information requests please use [8][ICO request email]
 
 
 
 
 
 
 
 
 

References

Visible links
1. https://ico.org.uk/media/for-organisatio...
2. https://ico.org.uk/media/action-weve-tak...
3. https://ico.org.uk/media/action-weve-tak...
4. https://ico.org.uk/about-the-ico/what-we...
5. https://ico.org.uk/media/about-the-ico/p...
6. http://ico.org.uk/
7. https://twitter.com/iconews
8. mailto:[ICO request email]

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