12 July 2023
Your request
Under the Freedom of Information Act, I would like to request the following information from your Council Housing Department as I am writing a university dissertation on the various approaches to resilience and preparedness by councils and housing associations for their residents:
- Copy of your Business Continuity/Resilience Plan & Comms Templates, possibly included in a Manual or Playbook for unforeseen incidents affecting residents, including but not limited to the examples listed below.
I am particularly interested in operational checklists for the various types of incidents and templated/prepared communications notifications for residents.
I imagine that this information will be held either by your Council Housing Operations Team and/or your Council Business Continuity Team.
- Fire: A fire outbreak within the residential development can pose a significant threat to residents' safety and property. It may require immediate evacuation and firefighting efforts.
- Flooding/Water Damage: Severe weather conditions, burst pipes, or plumbing issues can result in flooding and water damage, causing structural damage, electrical hazards, and disruption of essential services.
- Power Outage: A complete loss of electrical power can disrupt daily activities, compromise security systems, and impact essential services such as lighting, elevators, and heating/cooling systems.
- Gas Leak: A gas leak can lead to a potential explosion or fire hazard, requiring immediate evacuation and the involvement of emergency services to address the situation safely.
- Structural Damage: Any significant damage to the building's structure, such as foundation issues, collapsing walls, or compromised load-bearing elements, poses a threat to residents' safety and requires immediate attention.
- Elevator/Lift Failure: Malfunctioning or out-of-service elevators can inconvenience residents, particularly those with mobility challenges. Prompt repair or alternative arrangements are necessary to ensure accessibility.
- Security Breach: Intrusions, unauthorised access, or security system failures can compromise the safety and well-being of residents. Swift action is needed to address the breach, strengthen security measures, and provide reassurance to residents.
- Major protest or mass demonstration in an onsite or nearby building
- HVAC System Failure: A breakdown in the heating, ventilation, and air conditioning (HVAC) system can lead to uncomfortable living conditions, especially during extreme weather conditions. Timely repairs or alternative solutions are required to restore comfort.
- Major Plumbing Failure: A significant plumbing issue, such as sewer backups or pipe bursts, can cause extensive water damage, health hazards, and disruption of water supply and sanitation services.
- Natural Disasters: Events like earthquakes, hurricanes, or severe storms can cause substantial damage to residential developments, leading to risks such as structural collapse, flooding, and power outages. Preparedness and response plans are crucial in such situations.
- Cybersecurity Breach: A cybersecurity breach can expose sensitive resident information, compromise digital systems, and disrupt essential services such as access control, communication systems, and automated processes. Prompt response, incident containment, and implementing enhanced security measures are vital in mitigating the impact and preventing future incidents.
- Pest Infestation: Infestations of pests such as rodents, termites, or bed bugs can lead to health hazards, property damage, and an overall decline in the living environment. Swift action, including pest control measures and preventive maintenance, is essential to address the infestation effectively.
- Chemical Spill/Contamination: Accidental or intentional chemical spills within the residential development can result in hazardous substances being released into the environment, endangering residents' health and requiring specialised cleanup and remediation procedures.
- Terrorism Threat/Security Incident: A terrorism threat or security incident, such as a bomb threat or an act of violence, can pose a significant risk to the safety and security of residents. Swift evacuation, cooperation with law enforcement authorities, and enhanced security measures are essential to ensure the well-being of residents and minimise the impact of such incidents.
- Onsite staff on strike
- Medical Emergency/Epidemic Outbreak/ Legionella outbreak in the water supply: A widespread medical emergency or epidemic outbreak, such as a contagious disease or a pandemic, can have a profound impact on a residential development. It may necessitate quarantine measures, health screenings, sanitation protocols, and coordination with public health authorities to ensure the safety and well-being of residents.
Our response
Fire: Fire safety in your home | Lambeth Council and please note that all are instructed to ensure they read the fire action notice on display in Council buildings as not all buildings are the same.
I am advised by my colleagues that Lambeth Council does not hold any such information. Consequently, the answer to Section 1(1)(a) is no and thus our further duty under 1(1)(b) does not arise on this occasion.
Power Outage There is no specific policy as UKPN would be expected to provide a suitable generator set in the event of a complete power outage.
Gas Leak: Please find attached.
Structural Damage: Our powers are given via this link: https://www.lambeth.gov.uk/planning-building-control/building-control-regulations/report-dangerous-structure.
When a dangerous structure is reported to the Building Control, we would use our powers as given in the link to assess the enquiry and either refer to the owner to carry out the works or take immediate action to remove the danger.
Elevator/Lift Failure: Under FOI Section 1(1) any person making a request for information to a public authority is entitled (a) to be informed in writing by the public authority whether it holds information of the description specified in the request (b) if that is the case, to have that information communicated to them. I am advised by my colleagues that the Housing department in Lambeth Council does not hold any such information. This is because there is no specific policy as UKPN would be expected to provide a suitable generator set in the event of a complete power outage
Consequently, the answer to Section 1(1)(a) is no and thus our further duty under 1(1)(b) does not arise on this occasion.
Security Breach: Under FOI Section 1(1) any person making a request for information to a public authority is entitled (a) to be informed in writing by the public authority whether it holds information of the description specified in the request (b) if that is the case, to have that information communicated to them. I am advised by my colleagues that the Housing department in Lambeth Council does not hold any such information. This is because this would be addressed as a priority emergency repair.
Consequently, the answer to Section 1(1)(a) is no and thus our further duty under 1(1)(b) does not arise on this occasion.
Major protest or mass demonstration in an onsite or nearby building:
Under FOI Section 1(1) any person making a request for information to a public authority is entitled (a) to be informed in writing by the public authority whether it holds information of the description specified in the request (b) if that is the case, to have that information communicated to them. I am advised by my colleagues that the Housing department in Lambeth Council does not hold any such information. Consequently, the answer to Section 1(1)(a) is no and thus our further duty under 1(1)(b) does not arise on this occasion. Please note that this is a Police-led activity, and the Council would have supportive role only; you may wish to lodge an information request with Police for this information
HVAC System Failure: Housing Under FOI Section 1(1) any person making a request for information to a public authority is entitled (a) to be informed in writing by the public authority whether it holds information of the description specified in the request (b) if that is the case, to have that information communicated to them.
I am advised by my colleagues that Lambeth Council does not hold any such information. Consequently, the answer to Section 1(1)(a) is no and thus our further duty under 1(1)(b) does not arise on this occasion
Major Plumbing Failure: TBC Under FOI Section 1(1) any person making a request for information to a public authority is entitled (a) to be informed in writing by the public authority whether it holds information of the description specified in the request (b) if that is the case, to have that information communicated to them.
I am advised by my colleagues that Lambeth Council does not hold any such information. Consequently, the answer to Section 1(1)(a) is no and thus our further duty under 1(1)(b) does not arise on this occasion
Housing Very Broad question. Lincoln Sampsons contractors help with some plumbing issues.
Natural Disasters: https://www.lambeth.gov.uk/sites/default/files/2022-07/Community_Risk_Register_June_2022.pdfCybersecurity Breach: Your request for information has now been considered and unfortunately, it is not possible to meet your request. In accordance with Section 17 of the Freedom of Information Act 2000, this letter acts as a Refusal Notice.
The information is being withheld because the following exemption applies.
s31 (1)(a) (Law enforcement)
Section 31(a), of the Freedom of Information Act 2000, applies to your request. This section provides that information is exempt from disclosure if such disclosure would prejudice the “prevention or detection of crime”. Putting the addresses of empty properties (commercial or domestic) within the Borough into the public domain would compromise the security of the buildings concerned and would prejudice anti-crime work and lead to an increase of crime.
There is a significant risk that releasing details of empty properties might lead to burglary, vandalism, arson or squatting. In relation to domestic and commercial empty properties, there is also known use of such empty properties to commit benefit fraud, identity fraud and money laundering.
The issue was considered by the First Tier Tribunal in Yiannis Voyias v ICO and LB Camden (EA/2001/0007 23 January 2013). They considered whether the council could withhold the addresses of empty houses under section 31(1)(a). The Tribunal’s decision was that withholding the information was correct.
Section 31 is a qualified exemption under the Freedom of Information Act 2000 which means that consideration must also be given to whether in all the circumstances of the case the public interest favouring disclosure is greater than the public interest in maintaining the exemption.
The public interest means what is in the best interests of the public not what is of interest to the public.
Public interest test considerations
A Tribunal case held against disclosure and it is not in the public test to act against the decided case.
A Tribunal case held against disclosure and it is not in the public test to act against the decided case
The Council has considered the public interest test in withholding the requested information outweighs the public interest test in disclosure of the requested information.
In accordance with Section 17 of the Freedom of Information Act 2000, this letter acts as a Refusal Notice for this element of your request.
However, as per S16 of the Freedom of Information Act (duty to provide advice and assistance), we suggest exploring https://www.ncsc.gov.uk/
Chemical Spill/Contamination: pnp-contaminated-land-strategy.pdf (lambeth.gov.uk) / you may also reference Environment Agency guidance
https://www.gov.uk/government/publications/contaminated-land-statutory-guidance
Terrorism Threat/Security Incident: As per Q8: you may also wish to reference section 4.6 Threats (page 32) here: https://www.london.gov.uk/sites/default/files/london_risk_register_version_11.pdf
Onsite staff on strike: Business continuity management | Lambeth Council Medical Emergency/Epidemic Outbreak/Legionella outbreak in the water supply: Please see the link which would provide an overview of how cases are notified and reviewed. Notification comes from our colleagues in UK Health Security Agency and we action accordingly. Legionnaires' disease: guidance, data and analysis - GOV.UK (www.gov.uk) please find attached policy for Legionella and note that names are redacted as we consider disclosure would breach the Data Protection Act 2018 and therefore engage Section 40(2): Personal Data to this request.
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-
(2)“Personal data” means any information relating to an identified or identifiable living individual
(3)“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a)an identifier such as a name, an identification number, location data or an online identifier, or
(b)one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this request asks for information which would allow an individual(s) to be identified. I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose officer names as it could cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to this policy I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
In accordance with Section 17 FOIA this letter represents a Refusal Notice for this aspect of the request.
Please also reference Public health advice | Lambeth Council
For general medical and epidemic, we would refer you to gov.uk as any centrally provide advice would apply to Lambeth Council