Request

Response to this request is long overdue. By law, under all circumstances, Sutton Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Sutton Borough Council,

I am looking to for details on owners of vacant properties such as names and addresses. I’m also looking for the details of probates.

We buy houses quickly so we want to offer the vendors a solution to this and offer our service.

I know this is public data and it can be requested, so could you please supply us with this data? We look forward to hearing from you.

Yours faithfully,

Travis Morgan

LBS FOI, Sutton Borough Council

Dear Mr Morgan
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - REF NO
- F9573 (please quote in correspondence)
I acknowledge your request for information dated the 18 August 2016
relating to Details Of Vacant Properties And Probates.
Your request is being considered and, if it is held, you will receive the
information requested within the statutory timescale of 20 working days as
defined by the Freedom of Information Act 2000, subject to the information
not being exempt or containing a reference to a third party.
If appropriate, the information may be provided in paper copy, normal font
size.  If you require alternative formats, e.g. language, audio, large
print, etc. then please let us know.
For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested.  There will be an
assessment and if any of the exemption categories apply then the
information will not be released.  You will be informed if this is the
case, including your rights of appeal.
If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you.  You will be informed if this is the case.
A fee may be payable for this information.  This will be considered and
you will be informed if a fee is payable.  In this event the fee must be
paid before the information is processed and released.  The 20 working day
time limit is suspended until receipt of the payment.
Please be advised that in line with London Borough of Sutton's commitment
to transparency, in due course an anonymous copy of your request and our
response may be published on our website.
Yours sincerely
FOI Admin Officer
London Borough of Sutton

show quoted sections

Bernice Lobo, Sutton Borough Council

Dear Mr Morgan

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST – Ref No. F9573

I refer to your request for information received on 18 August 2016.

As your request is for information regarding probate and owners of vacant
properties, this response is based on the understanding that you are
requesting information about deceased owners of vacant properties for whom
the council performed public health funerals rather than living owners of
vacant properties in the borough.

 

I have addressed your queries as they appear in your email.

 

1) I am looking for details on owners of vacant properties such as names
and addresses.

We are not at liberty to release these details as disclosing the
information you have requested would be likely to prejudice the effective
conduct of public affairs under s31(1)(a) and s36(2)(c) of the Freedom of
Information Act 2000.

Section 31(1)a)

The local authority considers that the disclosure of the information would
or would be likely to prejudice the prevention or detection of crime.

Section 31 is a qualified, prejudice-based exemption which requires the
local authority to provide evidence of harm and a public interest test.

In terms of the evidence of harm, it is the Council’s view that if this
information was disclosed to the public this may lead to the commission of
offences and cause loss to unsecured estates which would also be
prejudicial to prevention or detection of crime. 

 

Public Interest Test

Considerations favouring disclosure

Where disclosure can assist individuals by raising awareness of issues,
which may be of relevance to them, it could encourage future contribution
to crime prevention and promote vigilance towards crime reductions. In
this instance disclosure would engage public knowledge and assist in the
promotion of future preventative measures with regards to law enforcement.

Considerations favouring non-disclosure 

The danger of releasing the details of the empty properties may lead to
the commission of offences and cause loss to unsecured estates which in
turn would prejudice the efficient use of police resources.

 

Balancing test

Public awareness and debate is a strong factor in disclosing this
information, as it would promote vigilance within the community,
encouraging effective participation to assist law enforcement.

 

However, on balance it cannot be justified that the public’s interest
would be best served in releasing this information due to the threat to
unsecured estates and the likely consequences on police resources and the
local community.  

 

Section 36(2)c)

Disclosing the information in question would be likely to prejudice the
effective conduct of public affairs under s36(2)(c) of the FOIA. For the
purposes of this section the ‘qualified person’ is the Council’s
Monitoring Officer and in their ‘reasonable opinion’ disclosure of the
information requested may lead to the commission of offences and cause
loss to unsecured estates may prejudice Treasury Solicitor’s Department
statutory function to collect bona vacantia which has vested in the Crown
as a result of people dying intestate with no known kin.

We also have concerns that the information may be used in such a way as to
impede the Treasury Solicitor’s Department’s investigations into estates
for example; the Treasury Solicitor’s Department and genealogists are
making parallel enquiries into estates. This may cause confusion as it
could give the impression that individuals are acting on the Treasury
Solicitor’s Department behalf as enquiry agents. Furthermore if, for
example, neighbours of the deceased are approached by numerous parties
seeking information relating to the deceased, they may become reluctant to
divulge information. This would hinder the Treasury Solicitor’s Department
investigations to establish whether an estate is bona vacantia and would
interfere with the operation of the Department.

On application of the public interest test it has been concluded that it
would not serve the interests of the public to disclose information. The
key conclusions reached include:

o The release of the information would be very likely to prejudice the
role of the Treasury Solicitors Department; and
o The release of the information would be very likely to lead to the
commission of criminal offences.

 

 

2) I’m also looking for the details of probates.

Probate is the word normally used to describe the legal and financial
processes involved in dealing with the property, money and other
possessions of an individual who has passed away in England or Wales. 

If a person dies within the borough’s boundaries and has no-one who is
willing or able to make their funeral arrangements, the local authority
has a legal obligation to arrange that person’s funeral under Section 46
The Public Health (Control of Disease) Act 1984.  After the funeral, one
of the following actions may be taken:

>If the deceased has no known assets, the case is closed.

> If the deceased has known next of kin and known assets, the case is
passed to the next of kin to deal with the subsequent administration of
the estate.

> If the deceased has no known next of kin and has known assets, the case
is passed to the Treasury Solicitor for them to manage.

To the best of my knowledge, the above describes the extent of the
council’s involvement in probate work.

 

If you are unhappy with the way in which your request has been handled you
have the right to ask for an internal review.  Please notify us in writing
as soon as possible with the grounds upon which you feel the appeal is
justified to : [1][Sutton Borough Council request email]  or by post to Customer Care and
Improvement Team, Civic Offices, St Nicholas Way, Sutton, Surrey, SM1 1EA.

 

We aim to respond to you within 20 working days of receiving your request.
If it is going to take longer we will let you know.

 

Should you still be dissatisfied with the outcome you have the right to
refer to the Information Commissioner: Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF [2]www.ico.org.uk

 

 

Yours sincerely

 

 

Bernice Lobo

Protection of Property Administrator

 

 

 

 

Bernice Lobo

Protection of Property Administrator  

Working days: Monday - Wednesday

Property and Client Affairs Team

Customers, Commissioning and Governance Division

London Borough of Sutton

Civic Offices

St. Nicholas Way

Sutton

Surrey SM1 1EA

 

Telephone: 020 8770 4598

[3]www.sutton.gov.uk
Follow us on[4] flickr
Follow us on twitter [5]@SuttonCouncil
Like us on [6]facebook/lovesutton

P Please consider the environment - do you really need to print this
email? 

 

Disclaimers apply, for full details see : 
(https://www.sutton.gov.uk/info/200436/cu...)

References

Visible links
1. mailto:[Sutton Borough Council request email]
2. http://www.ico.org.uk/
3. http://www.sutton.gov.uk/
4. https://www.flickr.com/photos/suttonnews...
5. https://twitter.com/SuttonCouncil?ref_sr...
6. https://www.facebook.com/LoveSutton?_rdr=p