Tenancy eea family member

Meliana Pearsall made this Freedom of Information request to Barnet Homes

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 partially successful.

Meliana Pearsall

Dear Barnet Homes,

Please can you provide me with a copy of information you store
which outlines the elegibility of a person who's status in the UK
stands as "Family Member of an EEA National" within the meaning of
the Immigration (European Economic Area) Regulations 2006 to
receive housing assistance.

Please note I am interested in family members of EEA Nationals who
hold the status of "Worker" / "Self Employed" and not "Self
Sufficient" or "Job Seeker".

Please provide the following information:

Elegibility to apply for housing in their own right.

Elegibility to be named on tenancy agreements

Elegibility to receive homeless assistance

Yours faithfully,

Meliana Pearsall

Talk To Us, Barnet Homes

This is an automated message. Please do not respond to this.

Thank you for your email, this has been successfully received.  We aim to
provide a full response within 10 working days.  Where this is not
possible we will keep you informed of progress.

If your email is of an emergency nature please call the Barnet Homes
Customer Contact Centre on 0800 389 5225. Should you choose to telephone
us, and we subsequently log a repair call, we will not need to respond to
your email.

For information on council housing, please contact the Housing Advice line
on 020 8359 4797, or by email on [1][email address]

For free practical help and advice on keeping warm and saving money on
your energy bills please contact the Barnet Homes Energy Advice line on
0300 555 0195, or by email on [2][email address]

Thank you.

Barnet Homes

Benefit changes are coming..... Use our online calculator to discover the
impact on you - [3]www.barnethomes.org

 

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References

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file:///tmp/blocked::mailto:[email address]
2. mailto:[email address]
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3. http://www.barnethomes.org/
blocked::http://www.barnethomes.org/
http://www.barnethomes.org/

Ajayi, Niyi (Barnet Homes), Barnet Homes

Good morning Ms Pearsall 

Thank you for your request for information below.

Please can you provide me with a copy of information you store which
outlines the elegibility of a person who's status in the UK stands as
"Family Member of an EEA National" within the meaning of the Immigration
(European Economic Area) Regulations 2006 to receive housing assistance.
Please note I am interested in family members of EEA Nationals who hold
the status of "Worker" / "Self Employed" and not "Self Sufficient" or "Job
Seeker".
Please provide the following information:
Elegibility to apply for housing in their own right.
Elegibility to be named on tenancy agreements
Elegibility to receive homeless assistanceYour request is being considered
and 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.

Please note that 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 advised if this is the case, including your rights of appeal.

Kind regards
'Niyi Ajayi
Business Intelligence Team
The Barnet Group – inc Barnet Homes and Your Choice Barnet
9th Floor, Barnet House, 1255 High Road , Whetstone N20 0EJ
Tel: 020 8359 5218
Fax: 020 8359 5205
Email: [1][email address]
[2]www.thebarnetgroup.org
[3]www.barnethomes.org
[4]www.yourchoicebarnet.org
All change for benefits …. Take a look at our video to see how you might
be affected – [5]www.barnethomes.org

[6]Tell us what you think of Barnet Homes services - click here to take
the survey and have your say
P please consider the environment - do you really need to print this
email?

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Meliana Pearsall

Dear Ajayi, Niyi (Barnet Homes),

Thanks for the confirmation. Further to
https://www.whatdotheyknow.com/request/t... please understand that any refusal must be in lone with the foi act. If an exemption is subject to a PIT I expect that it is conducted and assessed accordingly. You cannot simply refuse release of Information. Also. I look forward to your PROMPT response.

Yours sincerely,

Meliana Pearsall

Ajayi, Niyi (Barnet Homes), Barnet Homes

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

Good morning Ms Pearsall

 

Thank you for your request for information received on 24 June 2014, under
the Freedom of Information Act 2000 (“the Act”). I set out your
request and Barnet Homes’ response as follows:

 

Please can you provide me with a copy of information you store which
outlines the elegibility of a person who's status in the UK stands as
"Family Member of an EEA National" within the meaning of the Immigration
(European Economic Area) Regulations 2006 to receive housing assistance.
Please note I am interested in family members of EEA Nationals who hold
the status of "Worker" / "Self Employed" and not "Self Sufficient" or "Job
Seeker".
Please provide the following information:
Elegibility to apply for housing in their own right.
Elegibility to be named on tenancy agreements
Elegibility to receive homeless assistance

 

I can confirm that Barnet Homes does not hold data on the eligibility of
EEA nationals as eligibility status is determined by statute and
caselaw. However I can provide the following guidance that the relevant
housing legislation to consider regarding eligibility is Section 185 of
the Housing Act 1996 Part VII as well as the regulations you mentioned in
your request.

 

Policies and procedures regarding Barnet’s tenancies can be found in the
Local Tenancy Strategy 2014. This is available on the London Borough of
Barnet's website at:
[4]http://www.barnet.gov.uk/downloads/downl...

 

I can also advise that if the main homeless applicant is an EEA National
and is a worker, they are generally eligible for assistance. In some
circumstances, members of their household can also be eligible however we
do not hold specific data or guidance on this and these situations are
investigated and considered on a case by case basis. 

 

If you would like further information on what factors are taken into
account when carrying out homelessness enquiries, you may be able to
request this information from a housing advice agency such as Shelter.

 

I hope you find the information above useful.

 

Your Rights

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to David Thomas, Head of
Business Improvement, Barnet House, 1255 High Road, Whetstone N20 0EJ.

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at: The
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF (telephone: 08456 30 60 60 or 01625 54 57 45; website:
[5]www.ico.gov.uk).

 

There is no charge for making an appeal.

Kind regards

'Niyi Ajayi
Business Intelligence Team
Barnet Group – inc Barnet Homes and Your Choice Barnet
9th Floor, Barnet House, 1255 High Road , Whetstone N20 0EJ
Tel: 020 8359 5218
Fax: 020 8359 5205
Email: [6][email address]
[7]www.thebarnetgroup.org
[8]www.barnethomes.org
[9]www.yourchoicebarnet.org

Benefit Changes are coming..... Use our online calculator to discover the
impact on you - [10]www.barnethomes.org

[11]Tell us what you think of Barnet Homes services - click here to take
the survey and have your say
P please consider the environment - do you really need to print this
email?

 

From: Ajayi, Niyi (Barnet Homes)
Sent: 24 June 2014 06:56
To: '[FOI #217508 email]'
Subject: RE: Freedom of Information request - Tenancy eea family member
(FOI: 1323912)

 

Good morning Ms Pearsall 

Thank you for your request for information below.

Please can you provide me with a copy of information you store which
outlines the elegibility of a person who's status in the UK stands as
"Family Member of an EEA National" within the meaning of the Immigration
(European Economic Area) Regulations 2006 to receive housing assistance.
Please note I am interested in family members of EEA Nationals who hold
the status of "Worker" / "Self Employed" and not "Self Sufficient" or "Job
Seeker".
Please provide the following information:
Elegibility to apply for housing in their own right.
Elegibility to be named on tenancy agreements
Elegibility to receive homeless assistanceYour request is being considered
and 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.

Please note that 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 advised if this is the case, including your rights of appeal.

Kind regards
'Niyi Ajayi
Business Intelligence Team
The Barnet Group – inc Barnet Homes and Your Choice Barnet
9th Floor, Barnet House, 1255 High Road , Whetstone N20 0EJ
Tel: 020 8359 5218
Fax: 020 8359 5205
Email: [12][email address]
[13]www.thebarnetgroup.org
[14]www.barnethomes.org
[15]www.yourchoicebarnet.org
All change for benefits …. Take a look at our video to see how you might
be affected – [16]www.barnethomes.org

[17]Tell us what you think of Barnet Homes services - click here to take
the survey and have your say
P please consider the environment - do you really need to print this
email?

show quoted sections

Meliana Pearsall

Dear Barnet Homes,

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

I am writing to request an internal review of Barnet Homes's handling of my FOI request 'Tenancy eea family member'.

You hold some form of training material or other document. Perhaps emails.

I am not satisfied with your response.

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

Yours faithfully,

Meliana Pearsall

Talk To Us, Barnet Homes

This is an automated message. Please do not respond to this.

Thank you for your email, this has been successfully received.  We aim to
provide a full response within 10 working days.  Where this is not
possible we will keep you informed of progress.

If your email is of an emergency nature please call the Barnet Homes
Customer Contact Centre on 0800 389 5225. Should you choose to telephone
us, and we subsequently log a repair call, we will not need to respond to
your email.

For information on council housing, please contact the Housing Advice line
on 020 8359 4797, or by email on [1][email address]

For free practical help and advice on keeping warm and saving money on
your energy bills please contact the Barnet Homes Energy Advice line on
0300 555 0195, or by email on [2][email address]

Thank you.

Barnet Homes

Benefit changes are coming..... Use our online calculator to discover the
impact on you - [3]www.barnethomes.org

 

show quoted sections

References

Visible links
1. mailto:[email address]
file:///tmp/blocked::mailto:[email address]
2. mailto:[email address]
file:///tmp/blocked::mailto:[email address]
3. http://www.barnethomes.org/
blocked::http://www.barnethomes.org/
http://www.barnethomes.org/

Ajayi, Niyi (Barnet Homes), Barnet Homes

Good afternoon Ms Pearsall

 

Thank you for your email below.

 

We have noted your request to have an internal review of the handling of
your FOI request. This matter will be passed to David Thomas, Head of
Business Improvement. We will provide the outcome of the review as soon as
possible and in any event within 20 working days.

 

Please do not hesitate to contact us if you require any further assistance
in the meantime.

 

Kind regards

'Niyi Ajayi
Business Intelligence Team
Barnet Group – inc Barnet Homes and Your Choice Barnet
9th Floor, Barnet House, 1255 High Road , Whetstone N20 0EJ
Tel: 020 8359 5218
Fax: 020 8359 5205
Email: [1][email address]
[2]www.thebarnetgroup.org
[3]www.barnethomes.org
[4]www.yourchoicebarnet.org

Benefit Changes are coming..... Use our online calculator to discover the
impact on you - [5]www.barnethomes.org

[6]Tell us what you think of Barnet Homes services - click here to take
the survey and have your say
P please consider the environment - do you really need to print this
email?

 

show quoted sections

Meliana Pearsall

Dear Ajayi, Niyi (Barnet Homes),

Further to my request. Perhaps looking at the response from Birmingham City council will be useful.

My request https://www.whatdotheyknow.com/request/t...

Bcc response to query. https://www.whatdotheyknow.com/request/b...

Yours sincerely,

Meliana Pearsall

Ajayi, Niyi (Barnet Homes), Barnet Homes

I am out of the office until Wednesday, 23.07.2014. For urgent enquiries
please contact my colleagues Carly Williamson on 020 8359 6379, by email
at [email address] or Dee Sardi, on 020 8359 3684, by
email at [email address] or call our contact centre on 0800 389
5225. Thank you.

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Ajayi, Niyi (Barnet Homes), Barnet Homes

Dear Ms Pearsall

 

Thank you for the information provided below.

 

Kind regards

'Niyi Ajayi
Business Intelligence Team
Barnet Group – inc Barnet Homes and Your Choice Barnet
9th Floor, Barnet House, 1255 High Road , Whetstone N20 0EJ
Tel: 020 8359 5218
Fax: 020 8359 5205
Email: [1][email address]
[2]www.thebarnetgroup.org
[3]www.barnethomes.org
[4]www.yourchoicebarnet.org

Benefit Changes are coming..... Use our online calculator to discover the
impact on you - [5]www.barnethomes.org

[6]Tell us what you think of Barnet Homes services - click here to take
the survey and have your say
P please consider the environment - do you really need to print this
email?

show quoted sections

Thomas, David, Barnet Homes

5 Attachments

Dear Ms Pearsall

 

Thank you for your email below giving us the opportunity to review our
response to your recent Freedom of Information enquiry.

 

I have reviewed your initial enquiry and the response that was sent to
you. Based on the content of both I can confirm that I am happy with the
handling of the enquiry.

 

Your emails of 10 and 23 July provided further clarification of the
information that you were expecting. Following the clarification received,
please find attached the documents we hold on this matter. 

 

We received training from Shelter Training on this subject however they
are not willing to release their training materials because of the reasons
explained below:

 

Shelter Training (ST) considered the request with respect to their
copyright and the outcome of this was to decline permission to allow us to
provide their copyright training materials to the general public. The
decision has been reached on the following grounds.

 

The Immigration Status and Housing Rights document is the intellectual
property of Shelter Training. It is exempt from disclosure under sections
21 and 43(2) of the FOI Act.

 

Section 21 applies to Information which is reasonably accessible to the
applicant otherwise than under the FOI Act. Shelter Training make this
information available to anyone who takes the Immigration Status and
Housing Rights training course, which can be booked through their website
at
[1]http://shop.shelter.org.uk/immigration-s....
Section 21 applies even when a charge is made for the information and is
an absolute exemption meaning that no consideration of the public interest
is required.

 

Section 43(2) also applies to the information as disclosure would
prejudice the commercial interests of Shelter Training. A release under
FOI is a release to the world at large, and responses to FOI requests are
often published on sites such as [2]www.whatdotheyknow.com. This would
mean that some clients who would previously have paid Shelter Training to
access these training materials would access them without paying. Shelter
Training's commercial interests would also be prejudiced as they operate
in a competitive marketplace and disclosure of their materials to their
competitors would allow them to reuse the information without payment,
placing Shelter Training at a commercial disadvantage.

 

Section 43(2) is subject to a public interest test. Whilst we recognise
that there is public interest in transparency from public authorities, we
note that this information does not form part of the policies or
procedures of Barnet Homes, which may be requested under FOI. It has been
written and is owned by Shelter Training.  Shelter Training is the
training business operated by Shelter Trading Limited (STL). STL is a
company in its own right with its own Board of Directors. All the profits
generated by STL’s activities help to finance Shelter, the charity.
Disclosure would have a direct financial impact on the charity and may
also lead to legal action against Barnet Homes as it was supplied with a
clear copyright statement. For this reason and because the information is
available to the enquirers if they book on this Shelter Training course,
we consider that the public interest supports the exemption of the
Immigration and Housing Rights document.

 

The information in the course outline document (attached) is available on
the Shelter Training website and there is no objection to its disclosure.

 

I hope you find the attached documentation helpful. However please do not
hesitate to contact me if you require any further assistance.

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at: The
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF (telephone: 08456 30 60 60 or 01625 54 57 45; website:
[3]www.ico.gov.uk).

 

Kind regards

 

David Thomas

Head of Business Improvement

The Barnet Group, inc Barnet Homes and Your Choice Barnet

Barnet House

High Road, London, N20 OEJ

 

tel 0208 359 4949

mob 0776 848 6637

web [4]www.barnethomes.org; [5]www.yourchoicebarnet.org;
[6]www.thebarnetgroup.org

Twitter @barnethomes1; @yourchoicebrnt; @thebarnetgroup

Benefit changes are coming...use our online calculator to see how they
affect you - [7]www.barnethomes.org

 

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