UPDATE: Migrant workers and FoIA - Penwith's response

Penwith District Council has now responded to my Freedom of Information Act (FoIA) requests for information about the eviction of migrant workers and my separate request for information about the Council's record on responding to FoIA questions.

The Council's response:

The Council is in receipt of three FOI requests from you dated 12 April 2008, asking :-
1 - "Please provide me with all information in the Council's possession relating to the eviction of migrant workers from premises in Penzance on 9 November 2007 and of any other evictions of migrant workers that year"

2- "Over the last 24 months, how many properties have been recorded by the Council where there was a possibility of overcrowding and unsafe conditions within the properties?

What action did the Council take? Please give kind of action and numbers. (For example, 'In 6 cases, a Warning'.)

Where evictions took place, how many of those properties were occupied by migrant workers?"

3 - "How many complaints relating to noise nuisance and litter accumulations have been received by the Council over the past 24 months?

What action did the Council take?

Did any evictions result and, if so, how many of those involved migrant workers?"
The Council is also in receipt of a letter from you dated 12 April 2008, addressed to Mr B Turnbull which was further to Mr Turnbull's answer to your FOI request of 1 March 2008.

In accordance with the Freedom of Information Act, in certain situations, the costs of answering more than one request can be added together or aggregated for the purposes of estimating whether the appropriate limit would be exceeded. It is the Council's opinion that your requests outlined above shall be treated as an aggregated request.

Under the freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, the Council considers that the cost of complying with your FOI request would be in the region of £1425.00 (estimated at 37 hours to deal with noise nuisance and litter element of request and 20 hours to deal with housing element of request = 57 hours x £25.00 per hour = £1425.00) therefore exceeding the appropriate limit.

You should be advised that a modified request will be given due consideration provided the work involved does not, again exceed the appropriate limit.

Please do not hesitate to contact this office or Barry Turnbull direct if you require any further assistance on this matter or if you wish to discuss what information might be available within a time scale, which does not exceed the appropriate limit.

Please find attached a copy of the Council's FOI complaints procedure and details regarding charging.

Regards

Clare James



I post below the text of the letter sent to Mr Barry Turnbull on April 12.


Mr B Turnbull
Penwith District Council
St Clare
Penzance
Cornwall
TR18 3QW
Your Ref: btu

12 April 2008

Dear Mr Turnbull

Freedom of Information Act 2000 / Environmental Information Regulations 2004

Thank you for your letter dated March 7 2008 in response to my FoIA request of March 1 2008, emailed to me (outside the Act’s 20-business day requirement) on April 8 2008. Please note that the original letter has not been received here.

1) Please provide me with a copy of the authorisation for entry and of the 24 hours notice of intention to enter; if Sec 72, 95 or 233(3) of the Act applied, please supply details.
2) Please tell me the legal reasons why you have not disclosed the Fire Safety Authority’s Report to me. It is clearly in the public interest that such reports are published to help avoid future risk to life or injury relating to fire. Indeed, it would appear irresponsible not to disclose. You will also be aware of your duty under section 16 of the Act.
3) Was there actual overcrowding at the properties and if so by what legal/statutory criteria, if those criteria had been applied? How many occupants were there at each property and how many rooms did the properties have?
4) What were the circumstances of the person accommodated for one night and what happened to him/her subsequently?
5) Please give me the legal reasoning for your refusal to tell me the addresses raided. If it is a public interest reason, tell me the criteria used. The addresses are known to the occupants of the premises, witnesses, and support groups and to others in the community. In those circumstances, your claim that the addresses are confidential to the Council appears irrational. It is difficult for members of the public to exercise their right to scrutinise the actions of public officials when those officials keep essential information secret.


I am happy to receive the requested information in hard copy or electronic format and to inspect documents on site.

If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the Act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive fees.

I understand that it is your responsibility to provide the information I require and that I do not have to specify particular files or documents.

Please respond within the 20 business days as outlined in the Act.