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FOI request (FOIR-592136801)
Old Roar Gill landslip - Documents referred to in HBC updates
Requested Mon 04 March 2024
Responded Tue 26 March 2024HBC has released a number of updates concerning the landslip in Old Roar Gill.
https://www.hastings.gov.uk/news/latest/org-landslip/
Please provide under EIR the following documents(in any form including emails/correspondence)
1. The results of the 'immediate site visit' referred to in the Update - 23 February 2024.
2. The 'surveyor's assessment' referred to in the Update - 23 February 2024.
3. The 'further geotechnical assessment' referred to in the Update - 23 February 2024.
4. The 'Housing Team further assessments' referred to in the Update - 23 February 2024.
5. The 'monitoring results' referred to in the Update - 23 February 2024.
6. All reports/documents/emails/correspondence produced by the 'emergency response team' that have been meeting to 'monitor the incident and provide assistance' referred to in the update - 26 February 2024.
7. The documents concerning the 'continued review of the situation' referred to in the Update - 26 February 2024.
8. Any other documents held concerning the landslip.
Response
NOTICE OF REFUSAL
Under the Environmental Information Regulation, the information you have requested regarding Old Roar Gill landslip - Documents referred to in HBC updates is being refused under Exception 12(5)(b) 'The course of justice and inquiries'.
The course of justice has a wide meaning which includes material covered by Law enforcement, investigations and proceedings.
This exception is subject to a Public Interest Test.
This means that a public authority can refuse to disclose information under these exceptions if in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information.
Factors for disclosure:
a) Transparency and accountability.
Factors against disclosure:
a) The landslide at Old Road Gill is live and remains ongoing.
b) Protecting information that has been acquired, being assessed and reviewed during the ongoing investigations. If such information if released could prove prejudicial or misleading if released.
c) Allowing officers of the council to fully investigate the cause of the landslide and assist residents during a major incident, without the burden and distraction of requests for information.
d) Internal communication can also refer to correspondence which contains confidential and sensitive information.
e) Consideration of options and the exchange of views within a 'safe space'.
f) Maintaining the confidentiality of discussions in the interest of good governance and the perceived threat and/or risk to candour and boldness in the giving and exchanging of views or advice.
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