Tuesday 8 April 2008

Migrant workers: The FoIA request and reply

I have now received Penwith's response, which I now post here, to my FoIA request for information about the eviction of Polish migrant workers from premises in Penzance earlier this year. Comment will follow.

The Freedom of Information Request

The Chief Executive
Penzance District Council
St Clare
Penzance
Cornwall
TR18 3QW

1 March 2008

Dear Mr McKenna

I write with a request for information under the Freedom of Information Act regarding the eviction in February this year of migrant workers from premises in Penzance by Council officers and others.

(1) Please tell me under what legislation (Sections, etc) the Council acted.
(2) Please tell me the precise circumstances (i.e. the nature of the overcrowding and risks to life or injury) at the raided premises; and why those circumstances required the immediate ejection of the tenants into the street.
(3) Please tell me what enquiries the Council made prior to the raid to contact the landlord and/or tenants to establish the facts; and what notices were given.
(4) Please tell me the precise nature of the advice given by the eviction team to the evicted tenants, how many were subsequently accommodated by the Council, and for how long.
(5) Please tell me the addresses raided.

I very much welcome public statements by Council officers that they are concerned with others in the county for the welfare of migrants.

I look forward to hearing from you soon.

The Reply:



Your Ref :
My Ref: btu
Ask For: Mr B Turnbull
Direct Dial: 01736 336634
Email: barry.turnbull@penwith.gov.uk
Date: 07 March 2008


Dear Mr Bland

Freedom of Information Act 2000

I write in response to your letter received 03 March 2008.

1. Council officers acted under sections 4 and 239 of the Housing Act 2004

2. Two properties were visited and inspected under warrant. Conditions of risk to life or injury relating to fire safety were enforced by the Fire Safety Authority, so therefore I cannot comment on this under this request. Conditions of overcrowding were found at both premises inspected, however as Fire Safety Officers were serving formal notice to prohibit the use of the premises for occupation, no action under the Housing Health and Safety Rating System was deemed necessary.

3. Council were made aware of the possibility of overcrowding and unsafe conditions within the properties through information gathered from Environmental Protection (from complaints from members of the public in respect of noise nuisance and refuse accumulations), Devon and Cornwall Police and support organisations who were approached by the occupants of the houses directly.

4. All occupiers were interviewed by a Polish translator working for the support organisation mentions in 3. above, who then liaised with the Councils Housing Advice team; the advice given was under Outcome 2 of the Councils 2025 Vision, which is published on the Council website www.penwith.gov.uk., which applies to all residing in Penwith. The outcome of the interviews was that one person was placed into temporary accommodation by the Council for one night; all others were either
accommodated by the landlord or by the employment agency from whom the property was rented.

5. The addresses of the properties inspected under Operation Westport are and will remain confidential to Penwith District Council.

I trust that this answers your request.


Yours sincerely



B Turnbull
Environmental Health Co-ordinator (Housing)