Evidence submitted by Mr C P England
I wish to give evidence for the consideration
of the Committee as follows.
I made application to Bexley Council for information
about empty homes on the 5 February 2005. After being refused
and using the Council's internal appeals and complaints procedures
I applied to the Information Commissioner for a Decision on 18
April 2005. It was not until 25 July 2006 that the IC issued a
Decision in the case—17 months after my request was made.
Bexley Council appealed on 18 August 2006 and the case was heard
before the Information Tribunal on 5 March 2007. I am waiting
for a decision from the IC some two years after first making my
FOI request.
It seems to me that this case dragged on because
the ICO is unduly bound by considerations of a legal nature and
because the ICO does not have any proper system of case management
to ensure that the matter is being progressed properly and with
all due expedition.
My case was dealt with by several officers at
the ICO and there were very large gaps between items of correspondence
without (or so it appeared) any action being taken to progress
the case.
Despite several complaints my case was not progressed
with any urgency.
My case was in the nature of a test case. For
some time the Government has been concerned about the number of
dwellings which stand empty and abandoned. I am concerned that
local authorities do not use their extensive powers to bring such
dwellings back into proper use. I consider that local authorities
are negligent, slothful and very unwilling to act on this matter.
The purpose of my application was to ascertain what action Bexley
Council had taken to bring empty dwellings into proper use. The
Decision of the IT will be watched with interest by other Councils
and other persons and organisations (such as the Empty Homes Unit)
and will be used as a precedent by them. As a precedent my case
should properly have been given some special attention and by
so doing the ICO would have saved itself and local councils a
great deal of time and effort in dealing with other FOI applications
which followed mine.
I ask that the Committee investigate the way
my FOI application was dealt with and make such comment or criticism
as the Committee Members may feel to be justified.
March 2007
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