Rough sleeping EEA nationals

Liam Sheehan made this Freedom of Information request to Lambeth Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Lambeth Borough Council,

This request is concerning the work the council has been conducting with Immigration Compliance and Enforcement (ICE) teams and the Home Office in relation to rough sleepers.
For the last year can I know:
1) How many visits to rough sleepers have you conducted with ICE/Home office officials?
2) What are the locations of the visits in Q1?
3) How many people have the council helped voluntarily return through these visits? And what were the nationalities of these individuals?
4) How many people have the council helped the ICE/Home Office detain through these visits? And what were the nationalities of these individuals?
Generally can I have:
1) The guidance the council’s team working with ICE/Home Office follow when investigating the immigration status of rough sleepers? And when facilitating voluntary return of rough sleepers?
2) The amount of funding from central government (DCLG or Home Office) the council has received in the last 4 years to aid the Home Office with immigration enforcement of rough sleepers?
3) Any reports that evaluate previous work with the Home Office/ICE in aiding with immigration enforcement of rough sleepers?
4) Any proposals submitted in the last 12 months to gain future funding for aiding the Home Office/ICE with immigration enforcement of rough sleepers?

Yours faithfully,

Liam Sheehan

Jane Shields, Lambeth Borough Council

 
Information request
Our reference: IR183008

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Thank you for your request for information that was received on 13
December 2016.
 
Request details:  ROUGH SLEEPERS EEA NATIONALS .
 
We are dealing with your request and aim to respond within 20 working
days, by 13 January 2017.
 
 
We will advise you if we cannot provide you with the information requested
we will explain the reason why in our response.
 
 
Thank you for your interest in Lambeth Council.
 
 
Yours sincerely
 
Sophie Thompson 
Freedom of Information Team
London Borough of Lambeth
E-mail: [Lambeth Borough Council request email]
website: www.lambeth.gov.uk
 
Lambeth - the co-operative council
 
Lambeth council has set out plans for the latest budget savings - find out
more at http://lambeth.gov.uk/toughchoices Disclaimers apply - full
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Dear Jane Shields,

Your response has now exceeded the 20 day legal time limit for answering an FOI. If I do not receive a response by the end of the week I will report this to the ICO.

Yours sincerely,

Liam Sheehan

centralteam, Lambeth Borough Council

Dear Mr Sheehan

 

Thank you for your request for information received on 17 January 2017. 
This request is being handled under the Freedom of Information Act 2000. 
 Please find below, and attached, our response to the information you
requested, which was:

 

Dear Lambeth Borough Council,

 

This request is concerning the work the council has been conducting with
Immigration Compliance and Enforcement (ICE) teams and the Home Office in
relation to rough sleepers.

For the last year can I know:

1)How many visits to rough sleepers have you conducted with ICE/Home
office officials?

2)What are the locations of the visits in Q1?

3)How many people have the council helped voluntarily return through these
visits? And what were the nationalities of these individuals?

4)How many people have the council helped the ICE/Home Office detain
through these visits? And what were the nationalities of these
individuals?

Generally can I have:

1)The guidance the council’s team working with ICE/Home Office follow when
investigating the immigration status of rough sleepers? And when
facilitating voluntary return of rough sleepers?

2)The amount of funding from central government (DCLG or Home Office) the
council has received in the last 4 years to aid the Home Office with
immigration enforcement of rough sleepers?

3)Any reports that evaluate previous work with the Home Office/ICE in
aiding with immigration enforcement of rough sleepers?

4)Any proposals submitted in the last 12 months to gain future funding for
aiding the Home Office/ICE with immigration enforcement of rough sleepers?

 

Our Response

 

1)How many visits to rough sleepers have you conducted with ICE/Home
office officials? There were 17 shifts conducted within the last year.

 

2)What are the locations of the visits in Q1.

I can confirm that Lambeth Council holds the information you requested. 
Your request for information has now been considered and unfortunately, it
is not possible to meet this element of your request.  The information is
being withheld because the following exemption applies: Section 38 (Health
and Safety).

 

Section 38 of the Freedom of Information Act 2000 applies to information
where disclosure would or world be likely to

- (1)(a) endanger any individual’s physical or mental health

- (1)(b) endanger any individual’s safety

 

This is a qualified exemption under the Freedom of Information Act 2000
which means that consideration must also be given to whether in all the
circumstances of the case the public interest favouring disclosure is
greater than the public interest in maintaining the exemption.  The public
interest means what is in the best interests of the public not what is of
interest to the public.

 

Public interest test considerations

 

In applying this exemption, we have had to balance the public interest in
withholding the information against the interest in favour of disclosure.

 

Factors in favour of disclosure

 

·         furthering the understanding, and participation in the public
debate of issues

·         facilitate the accountability and transparency of public
authorities for decisions taken facilitate accountability and transparency
in the spending of public money

·         bring to light information affecting public safety

·         Allowing individuals to understand decisions made by public
authorities affecting their lives and, in some cases, assist individuals
in challenging those decisions

 

 Factors in favour of withholding

 

·         the degree of risk to the health and safety of individuals

·         the actual harm they will suffer

·         the impact of disclosure on others

 

Disclosure of information relating to the locations in the borough where
rough sleepers are known to frequent could endanger the safety of these
vulnerable groups and individuals.  In all the circumstances of the case,
the public interest in maintaining the exemption outweighs the public
interest in disclosing the information. Therefore, the information has not
been provided to you.   

 

3)How many people have the council helped voluntarily return through these
visits? And what were the nationalities of these individuals?  Fewer than
5.  Please see note below*

 

4)How many people have the council helped the ICE/Home Office detain
through these visits? And what were the nationalities of these
individuals? 19 people having been detained.

*  I can confirm that the Lambeth Council holds the information you
requested on the number of people we have helped voluntarily return
through these visits; and also the nationalities of the individuals that
have been detained.   We have not provided the exact numbers as the low
level data within each category could lead to the identification of
specific individuals.  We have therefore concluded that the precise
information you requested is exempt from disclosure in accordance with
S40(2) of the Freedom of Information Act - Personal Data.

 

Section 40 Personal Data of the FOIA sets out an exemption from the right
to know if the information requested is personal information protected by
the Data Protection Act 1998 (DPA).  The personal data about third parties
are exempt under section 40(2), by virtue of the condition in subsection
40(3)(b) being satisfied, as disclosure to a member of the public
otherwise than under the FOIA would breach the first, second and possibly
the fourth data protection principles.  

 

Personal data is defined in Section 1(1) of the DPA as:

o “personal data” means data which relates to a living individual who
can be identified from those data; or
o from those data and other information which is in the possession of,
or is likely to come into the possession of, the data controller.

 

The Council has concluded that, in this instance, the information
requested contains third party personal data.  Under Section 40(2) of the
FOI Act, personal data is exempt from release if disclosure would breach
one of the data protection principles.  We consider the principle being
most relevant in this instance as being the first. This exemption is
absolute and is not subject to the public interest test.

 

In reaching this conclusion what we have borne in mind is that disclosure
of information under the Freedom of Information Act in effect entails
disclosure not only to the person requesting the information but also to
the public at large.

 

 

Generally can I have:

 

1)The guidance the council’s team working with ICE/Home Office follow when
investigating the immigration status of rough sleepers? And when
facilitating voluntary return of rough sleepers?

The outreach service attempt to engage with every rough sleeper in the
borough and provide advice and support based on their individual
circumstances. The service will assess an individual’s eligibility to
welfare support and housing provision and where eligible refer to
appropriate services. If an EEA national is not eligible to welfare
support or housing, the service will explain what they can offer in terms
of support. These options will usually include; employment support (where
appropriate) or information about voluntary reconnection and where they
can be accommodated while this is organised.

 

If an individual requests help with returning to their home country our
service will work with specialist agencies to help with the reconnection. 
The service will exhaust all options of support but if an individual is
not exercising their treaty rights, does not engage with support and
continues to sleep rough they would be listed as a target for ICE.

 

2)The amount of funding from central government (DCLG or Home Office) the
council has received in the last 4 years to aid the Home Office with
immigration enforcement of rough sleepers? None.

 

3)Any reports that evaluate previous work with the Home Office/ICE in
aiding with immigration enforcement of rough sleepers?  No.

 

4) Any proposals submitted in the last 12 months to gain future funding
for aiding the Home Office/ICE with immigration enforcement of rough
sleepers?  None.

 

 

In accordance with Section 17 of the Freedom of Information Act 2000, this
letter acts as a Partial Refusal Notice.

 

 

Right to Review

 

If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review.  Tell us
why you are unhappy with our response within 40 working days, and it will
be looked at afresh. We will aim to provide you with our review response
within 20 working days.

 

By email: [1][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

 

Freedom of Information
Olive Morris House Brixton Hill
London
SW2 1RD

 

 

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act.  The Commissioner can be
contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Enquiry line: 0303 123 1113

 

Thank you for your interest in Lambeth Council.

 

 

Corporate Complaints Unit

London Borough of Lambeth

Finance and Resources Department

Team Tel:  020 7926 0547

Website: [2]www.lambeth.gov.uk

 

If you have received this in error please delete all content and notify
the sender immediately.

 

 

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Some of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Lambeth Council.

 

Applications for permission to reproduce extracts in published works,
should be made to the Freedom of Information Co-ordinator, Olive Morris
House, 18 Brixton Hill, London, SW2 1RL. Email: [3][Lambeth Borough Council request email]

 

You are free to use any information supplied for your own non-commercial
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If an organisation intends to use personal names and addresses from what
has been supplied to you for direct marketing, the organisation needs to
be registered with the Information Commissioner to process Personal Data
for this purpose. Organisations must also check that the individual (whom
you wish to contact for direct marketing purposes) is not registered with
one of the Preference Services to prevent Direct Marketing, if they are
you must adhere to this Preference. Follow this Link
[https://ico.org.uk/]  for more information. 

 

 

 

 

Lambeth council has set out plans for the latest budget savings - find out
more at http://lambeth.gov.uk/toughchoices Disclaimers apply - full
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References

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mailto:[Lambeth Borough Council request email]
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3. mailto:[Lambeth Borough Council request email]

Dear Lambeth Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Lambeth Borough Council's handling of my FOI request 'Rough sleeping EEA nationals'.

You did not give me the nationalities for Q's 3 &4, or the exact number of people who took voluntary return in Q3. The exemption you used was because the numbers were so low it would make the people involved identifiable and therefore come under the Section 40 exemption due to personal data. However it is not clear what possible link between saying, for example, '3 people who were rough sleeping took voluntary return in the last 12 months somewhere in Lambeth and 2 were Portuguese and 1 was Italian' could identify anyone. As there is no path to identification by combining this information with other accessible information, the information requested in Q3 and Q4 cannot be considered as personal information, and therefore the exemption does not apply.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Liam Sheehan

Internal review team, Lambeth Borough Council

Information request
Our reference: IR183008

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Dear Mr Sheehan
 
I write in connection with your request for a review received on 30
January 2017.
Please quote your case reference number, IR183008, in any further
correspondence about to this Internal Review request. 

The Council anticipates responding within a period of 20 working days
following the date of receipt; in this case that date is 27 February 2017.

 

Please send Freedom of Information requests / Internal Review Requests to
[1][Lambeth Borough Council request email]

 

Yours sincerely

 

Jane Shields LLB LLM
Policy & Communications Manager
Freedom of Information Team
London Borough of Lambeth
 
Tel. 020 7926 0547
E-mail: [2][Lambeth Borough Council request email]
website: [3]www.lambeth.gov.uk
 
2nd Floor
Olive Morris House
18 Brixton Hill
London
SW2 1RL
 
 
Lambeth - the co-operative council
Lambeth council has set out plans for the latest budget savings - find out
more at http://lambeth.gov.uk/toughchoices Disclaimers apply - full
details at https://www.lambeth.gov.uk/email-disclai...

References

Visible links
1. mailto:[Lambeth Borough Council request email]
2. mailto:[email address]
3. http://www.lambeth.gov.uk/

Internal review team, Lambeth Borough Council

1 Attachment

Information request
Our reference: IR183008

--------------------------------------------------------------------------

Dear Mr Sheehan
 
Please see our response to your request for an Internal Review attached

 

 

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Enquiry line: 0303 123 1113

 

Thank you for your interest in Lambeth Council.

 

Jane Shields LLB LLM

Policy & Communications Manager

 

 

Freedom of Information Team
London Borough of Lambeth
 
Tel: 020 7926 0547
E-mail: [1][Lambeth Borough Council request email]
website: [2]www.lambeth.gov.uk
 
2nd Floor
Olive Morris House
18 Brixton Hill
London
SW2 1RL
 
Lambeth - the co-operative council

 

Lambeth council has set out plans for the latest budget savings - find out
more at http://lambeth.gov.uk/toughchoices Disclaimers apply - full
details at https://www.lambeth.gov.uk/email-disclai...

References

Visible links
1. mailto:[email address]
2. http://www.lambeth.gov.uk/