Dear Thomas Johnson,

Thank you for submitting a request for information. Your reference number
is 14164027.

Your request will be reviewed and we may send you questions to clarify
your request. We will respond within 20 working days for Freedom of
Information and Environmental Information Regulations requests, and within
1 calendar month for Data Protection and Subject Access requests

[1]Please click this link to view current status of your request

Yours sincerely,
Information Governance Team
Adur & Worthing Councils

For Freedom of Information (FOI) and Environmental Information Regulations
(EIR):
Email: [Adur District Council request email]

For Data Protection (DP) and General Data Protection Regulations (GDPR):
Email: [email address]

Website: [2]www.adur-worthing.gov.uk/about-the-councils/legal/foi/

This message was sent from an email address not monitored. Please do not
respond to this message. To reply, please
email [Adur District Council request email] quoting your reference
number, , in your message.

References

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1. https://adur-worthing-hr.onmats.com/w/we...
2. https://www.adur-worthing.gov.uk/about-t...

Dear Thomas Johnson,

Thank you for your request for information (ref 14164027) sent to Adur &
Worthing Councils on 13th May 2022.

Your request has been considered and our response is below. Alternatively,
view your request and response
at: [1]https://adur-worthing-hr.onmats.com/w/we...

Request:
Energy costs are rising and the Government has had helpful and mandatory
legislation in place since 2009. Whilst you do not currently appear to
comply, and may face a fine, there are other compelling cost saving
strategies to consider.

1.      Are you aware of the Energy Performance of Building Regulations in
respect of air conditioning?

2.      Do you intend to comply and obtain an Air Conditioning TM44
Certificate lodged on the government database?

3.      Are you aware that all Government buildings also require a Display
Energy Certificate, updated annually?

4.      Note the link below for the government Database to assist
 Find energy certificates and reports by postcode – Find an energy
certificate – GOV.UK (communities.gov.uk).

5.      Who is the Responsible Person for building compliance at your
Organisation?

Response:
1 - 4. The Freedom of Information Act 2000 (FOIA) gives a general right of
access to recorded information held by public authorities. We are not
required to create new information to respond to a request, or give a
judgement or opinion that is not already recorded. These questions contain
hypothetical or opinion-based questions for unrecorded information,
therefore the information is not held in accordance with section 1(1)(a)
FOIA.

Section 1 of the Act states: “Any person making a request for information
to a public authority is entitled (a) to be informed in writing by the
public authority whether it holds information of the description specified
in the request, and (b) if that is the case, to have that information
communicated to him.” 

Also, according to section 1(4) of the Act, information under section
1(1): “is the information in question held at the time when the request is
received…” 
Furthermore, the Information Commissioner (ICO) expressly states in their
guide to Freedom of Information that: 
“If a member of the public asks for information, you [referring to public
authorities] only have to provide information you already have in recorded
form. You do not have to create new information or find answers to a
question from staff who may happen to know”
([2]https://ico.org.uk/your-data-matters/off...).

A “hypothetical” question can be interpreted as a question based on an
imaginary or speculative set of facts. In theory, a public authority may
hold recorded information, which responds to a hypothetical scenario. If
this was the case, the public authority, subject to the exceptions, would
be required to disclose the recorded information requested in accordance
with section 1(1) FOIA.

5. Head of Housing is the Responsible Person as defined in Article 3 of
The Regulatory Reform (Fire Safety) Order 2005 for Adur Homes social
housing stock and the Councils' temporary accommodation stock

We hope this is sufficient for your purposes and apologies for the delay
in our reply.
 

Review procedure
If you are not satisfied with the response to your request for information
you have the right to an internal review. Details can be found on
[3]www.adur-worthing.gov.uk/foi

Your request for internal review should be submitted to us within three
(3) months of receipt by you of this response. Any such request received
after this time will only be considered at the discretion of the Council.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
to appeal to the Information commissioner’s Office (ICO), details of which
can be found here: [4]www.ico.org.uk/concerns

Yours sincerely
Information Governance Team
Adur & Worthing Councils

For Freedom of Information (FOI) and Environmental Information Regulations
(EIR):
Email: [Adur District Council request email]

For Data Protection (DP) and General Data Protection Regulations (GDPR):
Email: [email address]

Website: [5]www.adur-worthing.gov.uk/about-the-councils/legal/foi/ 

This message was sent from an email address not monitored. Please do not
respond to this message. To reply, please
email [Adur District Council request email] quoting your reference
number, 14164027, in your message.

References

Visible links
1. https://adur-worthing-hr.onmats.com/w/we...
2. https://ico.org.uk/your-data-matters/off...
3. https://www.adur-worthing.gov.uk/foi
4. https://www.ico.org.uk/concerns
5. https://www.adur-worthing.gov.uk/about-t...