A solicitor acting for is client requests reports relating to the
condition of a specific property and all correspondence with a named
individual who is landlord of the property.
Purpose of his request is to claim damages against the landlord in
relation to defective premises. No action is intended against the
Council by the Solicitor.
The Council is not taking any formal action against the landlord.
The solicitors cites the Freedom of Information Act but states that "we
enclose our client's authority enabling you to share this information
with us."
The solicitor is claiming that the public interest outweighs any
exemption as it involves a breach of statute intended for the protection
of tenants. He states "the statute is in place to ensure all tenants are
afford housing of an appropriate standard and so that offending
landlords are brought to the attention of the Courts. The Council's
actions here is invoking the exemption run contrary to that aim".
I disagree.
1. I don't see the relevance of this statement as any information
relating to the property or correspondence with the landlord regarding
the property is not their clients personal data. Anyone disagree?
2. If it were their clients PD it would be treat as a SAR not an
FOI/EIR request
3. I intend to process the request under EIRs as the information
request relates to the state of a building. Anyone disagree?
4. There are no reports held in relation to the property however there
is a schedule of work. There is also correspondence between ourselves
and the landlord.
Here is where I'm confusing myself. The schedule of works is not PD.
Anyone disagree? Could it be that that information combined with other
information held could lead to the identity of the individual?
In relation to the correspondence, this is PD? It is correspondence
between a private landlord and the Council discussing his property and
what actions his should take. Regulation 12(3) & 13 applies.
In my opinion the information cannot be redacted in a way that would
prevent the identity of the landlord being revealed. It doesn't matter
that their client already knows who he is. The wider world may not.
Thoughts etc very welcome because I'm tying myself up in knots with this
one.
Many thanks
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
Barrow Borough Council - Enhancing the economic and social future
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