Empty Homes

 

Using the Freedom of Information Act

The Freedom of Information Act 2000 has made it easier for individuals to make requests for information from public authorities, and companies owned by these public authorities. It also means that public authorities have a responsibility to reply to reasonable requests for information. A full list of authorities can be found in Section 1 of the legislation (link).

You have the right to request any information held by public authorities. For example, you might be interested in purchasing and renovating an empty home. A first step in this process is to find out which properties are empty.  A Freedom of Information Request can be used to find out where empty properties can be found within councils. This may not include privately owned properties, as a court ruling pertaining to a request made for properties in Bexley Council determined that to give out private properties may violate the Data Protection Act, and public bodies are thus not required to do so.

 

There are certain details which must be used in making a Freedom of Information Request:

• All requests must be made in writing, not by telephone. However, you may wish to call and simply ask for the information before making a formal request.
• All requests should be written legibly, typed letters or emails are best.
• You must always include your full name and address.
• You should also clearly state that you are requesting the information under The Freedom Of Information Act 2000.

You aren’t obliged to say why you want the information, but you can do so if you feel it will be helpful. You might for example say that you are looking to buy a house, if the local authority has particular concerns about information being made more widely available. You may wish to allay those fears by for example saying that you will not pass the information on to anybody else (unless of course that is what you intend to do).

If you have a preference you can request the format of the information. (For example electronic spreadsheet or paper print out) The local authority should try and meet your request if they can.

If you have a preference you can request the format of the information. (For example: electronic spreadsheet or paper print out). You can also request a response via email or post. The public body should try and meet your request if they can.

The public body must respond to your request within 20 working days, even if their response comes in the form a refusal. Your request may be denied or refused if  it violates the Data Protection Act, if the body does not hold the information, or if the public body  estimates that it will cost them in excess of the appropriate cost limit to fulfil your request. The limit is £600 for central government and Parliament and £450 for other public authorities.

Where the limit is not exceeded, the only charges that can be passed to you are those associated with providing the information, for example photocopying and postage. These are collectively known as disbursements.

An authority may be willing to provide the information even where the cost exceeds the limit if you are willing to pay the full costs in dealing with the request. They can also decide to provide the information free of charge, despite the application of the appropriate limit if they wish.

You can also view previously made requests, get more help, or make a new request at http://www.whatdotheyknow.com/

General advice about use of the Freedom of Infomation Act can be found on the Information Commissioner’s website.

 

Further Resources

Submitting a Freedom Of Information Request

You can submit your FOI requests to any council in the country regarding empty properties via this website: http://www.whatdotheyknow.com/

You choose the public authority that you would like information from, then write a brief note describing what you want to know. We then send your request to the public authority. Any response they make is automatically published on the website for you and anyone else to find and read.

London Borough of Bexley – latest development

The tribunal has ruled that information on ownership of homes not owned by individuals can be released. Read David Ireland’s blogspot article above for more information.
To read more click here > >

Freedom of Information – London Borough of Bexley

The freedom to see council’s lists of empty homes: Those of you who have followed the issue will know that earlier this year the Information commissioner ruled on a case form Bexley. He ruled that the council’s reasoning for refusing the request – it might lead to increased crime, was not persuasive and ordered the council to disclose the information.
To read more click here >>

Public Interest – Inside Housing -29th September 2006

Many councils have been shy of disclosing lists of their empty homes, but freedom of information powers are slowly changing things. David Ireland reports.
To read more click here > >

How to make a Freedom Of Information Request

David Ireland shares some tips on how the Freedom of Information Act 2000 can help in the fight against empty homes, including How to Make a Request using the Act.