Freedom of info requests - empty lists
Hello
With regards to requests for lists of empty homes under freedom of infomation requests, what are members current opinions on their release.
I have found some cases (on this site) which discuss evidence for with holding information namely:
Tower Hamlet - exemption 31 (a) 'prejudice to the prevention of crime' was upheld.
Bexley - exemption 40 (1), that the list constitues personal info, was up held.
Has there been any futher developments that members are aware of?
We have recieved conflicting advice.
Thank you
- Forums
FOIAct
Hi Luke
That's the two references we use.
We also say that we don't give lists because we have such an active empty property strategy and releasing information would undermine owners confidence in working with us which is always our starting point. We also got the police and fire service to confirm, through a community safety group, that they would not be happy with property addresses being released - but that's partly because it's Brighton and there were a lot of illegal raves taking place in abandoned buildings! Different areas will have different pressures.
We keep our Investors List for those looking to develop and also provide a factsheet on 'Finding an empty property to buy in Brighton & Hove' - so really try to keep a positive outlook for everyone involved. So far nobody has challenged the decsision not to provide a list beyond the first refusal!
What conflicting advice have you been give?
Emma Kumar
Empty Property Officer
Brighton & Hove
FOI - Empty Homes Lists
Luke,
We use the Bexley/ICO decision. We provide the full addresses of empty homes along with the names and contact details of owners who are "non-individuals".
We do ask our FOI customers to state why they want the info ... developer, researcher, house-hunter, fraudster, etc.
The Tower Hamlets/ICO decision did not change our lawyers opinion. We stick to the Bexley ruling until such time as it is proven locally that disclosure of 'Bexley' style data was leading to or likely to lead to an increase in crime.
Nick P-G
Reading BC
01189373091
Empty Property Lists
Hello from sunny Brighton...
I'm currently reviewing the council's policy regarding releasing empty property addresses including a risk appraisal .
As part of this I'm trying to get a fuller picture of which authorities have released lists, and which haven't , - and any comments they may have in the light of their decision.
Does anyone know if there is any central information anywhere regarding this - I have looked on the 'What do they know?' website - where a lot of these listings are advertised - but it will involve me trawling through each authorities response. Obviously I will do that if I need to - but just thought I'd see if anyone in the EHN community has any ideas / tips on this.
Maybe if everyone here let me know there policy / view (I can see some in the forum responses) then I can strart to build the picture up from there.
I will share the info once I have it as I think it will usefully inform the debate on this matter.
All the best
Emma Kumar
Empty Property Officer
Brighton & Hove
Empty Property Lists
Hi Emma
Here at Croydon we've just agreed to try a scheme with the Information Team. Hopefully it will save everybody's time.
Some of the FOIA responses previously released by Croydon contained up to 3,500 addresses (a large percentage of which were transactional voids). It didn't make sense that I would answer a phone call and not give any information due to Data Protection considerations and then the same person would make an FOIA application and would get a huge list or properties.
So, since January we have actively cleansed the data and now will be publishing a list on a microsite. This list will contain only properties that we (a) believe to be empty and (b) believe to be owned by Non-Individuals. It will be updated quarterly and all FOIA enquirers will be given a link to the 'publicly available information'.
Every property that appears on it will have had at least three oppportunities to correct the data and thus be removed from the list.
Letter 1 - friendly,
Letter 2 - more assertive - 35 days later
Letter 3 - with S16 notice enclosed - 42 days later
The data cleansing and mailing exercise on those intially identifiable as 'Non-Individually owned' has proved invaluable.
It's also worth noting that 'whatdotheyknow.com' now includes Camden's latest response to an FOIA request on 18th April 2012. There's was a blanket refusal after an Internal Review requested by the enquirer. They cited 'organized stripping' as one of the reasons for refusal to release the information. The letter makes for good reading.
Hope this helps
Francis