Property and Assets and Buildings
Dear Organisation,
I would like to know a full list of Vacant Properties held by your organisation and any of its subsidiaries.
If possible their market value for sale or to let, whether they would be considered for a community asset transfer, if not then whether they are for sale or to let. In a clear and easy to read format. It would be supportive if the property is for sale or to let that it is listed on here too: https://e-pims.cabinetoffice.gov.uk/gove... and that you inform us of this intention or such listing in the request.
In the previous case in Voyias v IC and LB Camden (EA/201v1/0007), the requesters asked for substantially similar information, and the judge favoured disclosure. I appreciate the circumstances here are quite different, but the same principles should apply.
I understand there is a risk that your empty properties would be targeted by squatters should this the list of empty properties be public, but this is a very slim risk. The prejudice to law enforcement should be real, likely and substantial, as per Hogan v the ICO and Oxford City Council. I can assure you that my request is not sent in order to cause trouble for the authority, it is predominantly for my own research, with publication as part of campaigning materials. I am concerned at the sale of public assets, not a not an advocate for their illegal occupation. I would also say that I cannot imagine the disclosure of this list of properties to significantly affect a squatting problem that pre-existed my interest in the organisation. Overall the prejudice to law enforcement is very slim, and not severe. Since 12 months will be the time that this information will be released onto this site, unless others request this information separately. The requester is not liable for any issues that may arise in between or after.
It is in the public interest and transparency that this information is made publicly available under the public sector duty under the equality act allowing people to know of this information and make use of it under the Community Asset Transfer scheme and under the Human Rights Act Article 11 enabling the community to gather and make decisions on the allocation of such assets.
Yours faithfully,
Viran Patel
Dear Viran Patel
Acknowledgement of Information Request
I acknowledge receipt of your request for information received on 6^th
August 2018. Your email is being considered and you will receive a
response to your request as soon as possible.
The Freedom of Information Act 2000 and Environmental Information
Regulations 2004 allow authorities 20 working days, following date of
receipt, in which to respond to requests. You may be aware the
legislation defines a number of exemptions which may prevent release of
the information you have requested. If any of the exemption categories
apply then the information will not be released. In these cases, we will
inform you of any exemptions we have applied together with our reasons for
withholding the information and your rights of appeal.
Please bear in mind the legislation allows access to information 'held' by
the Council and not for the creation of new information or opinion.
Therefore, we may only be able to supply documents or data that contain
the information we hold in response to your request.
There may be a fee payable for the supply of information. This will be
calculated and you will be informed if a charge applies. In this event,
the fee must be paid before the information is released.
If you have any queries or concerns, please do not hesitate to contact me.
Further information regarding Access to Information is also available
from:
Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[1]www.ico.org.uk
Yours sincerely
Access to Information
London Borough of Havering
Town Hall, Main Road, Romford, RM1 3BB
t 01708 432119
e [2][Havering Borough Council request email]
w [3]www.havering.gov.uk
text relay 18001 01708 432119
[4]cid:image001.jpg@01D3F1D3.70BD6450
Sign up for [5]email updates for local news and information
This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
Havering anti-virus services and on leaving the Authority was found to be
virus free. Please note: Incoming and outgoing e-mail messages are
routinely monitored for compliance with our policy on the use of
electronic communications.
Havering Council’s Privacy Notice can be found on our website Data
Protection,
https://www.havering.gov.uk/info/20044/c...,
which outlines your rights and how we collect, use, store, delete and
protect your personal data.
References
Visible links
1. http://www.ico.gov.uk/
2. mailto:[Havering Borough Council request email]
3. http://www.havering.gov.uk/
5. http://www.havering.gov.uk/Pages/Service...
Dear Viran Patel
Access to Information Request - Notice of Exemption
Your request for information made under the Freedom of Information Act
2000 (the Act) regarding property and assets and buildings has now been
considered.
In accordance with the Act, this email acts as a Refusal Notice and
details of the exemption applied is as follows:
Exemption under section
31 –Law Enforcement
Information the exemption applied to
Requested information
Reason for applying the exemption
While there is no reason to doubt that the requester wants the information
for legitimate purposes, the information sought would also be of use to
those with less honest intentions. It would particularly be of use to
people wishing to occupy property unlawfully – there are reports of that
happening in an adjoining borough. Pursuant to section – Law Enforcement -
31(1)(a) of the Act, public authorities are not obliged to release
information that would be likely to prejudice the functions of law
enforcement - namely the prevention and detection of crime
Public Interest Test
Given there is an increased danger of criminal damage to properties or use
of properties by squatters if the addresses were to be put in the public
domain. In particular, websites aimed at squatters advise on empty
properties which might be accessible. Individuals are less likely to be
able to protect their properties against criminal damage or other invasive
activity. Therefore, the public interest weighs in favour of withholding
the information, thus enabling better protection and security for these
properties
I apologise that your request cannot be met on this occasion.
You have the right of appeal against our decision. If you wish to appeal
please set out in writing your grounds of appeal and send to this email
address. Please ensure that you quote our reference on any correspondence
to us.
If you are dissatisfied with the way in which your request has been
handled you have the right to make a complaint. Please put the details in
writing to this email address. You also have the right to complain to the
Information Commissioner at the following address:
Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[1]www.ico.org.uk
Yours sincerely
Access to Information
London Borough of Havering
Town Hall, Main Road, Romford, RM1 3BD
t 01708 432119
e [2][Havering Borough Council request email]
w [3]www.havering.gov.uk
text relay 18001 01708 432119
Sign up for [4]email updates for local news and information
This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
Havering anti-virus services and on leaving the Authority was found to be
virus free. Please note: Incoming and outgoing e-mail messages are
routinely monitored for compliance with our policy on the use of
electronic communications.
Havering Council’s Privacy Notice can be found on our website Data
Protection,
https://www.havering.gov.uk/info/20044/c...,
which outlines your rights and how we collect, use, store, delete and
protect your personal data.
References
Visible links
1. http://www.ico.org.uk/
2. mailto:[Havering Borough Council request email]
3. http://www.havering.gov.uk/
4. http://www.havering.gov.uk/Pages/Service...
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