FOI request (FOIR-672891357)

Prosecutions and Civil Penalties

Requested Tue 24 December 2024
Responded Tue 28 January 2025

I am writing to request the following information under the Freedom of Information act 2000:

All prosecutions of, and civil penalties issued to, companies by Hastings Council under the Housing Act 2004 since 2010, including name of the company, date of prosecution/penalty, size of monetary penalty including costs awarded, and a brief description of the offence.

Response

Please see attached, a document containing the requested information regarding prosecutions.

NOTICE OF REFUSAL

Your request for information relating to Fixed Penalty Notices falls under Section 30(2) of the Freedom of Information Act - 'Investigations and Proceedings conducted by Public Authorities' - Information obtained for specific investigations and proceedings which relates to obtaining information from confidential sources. Examples of information falling under this exemption include trading standards and environmental health prosecutions, prosecutions for failure to comply with licenses, bye-laws, enforcement measures and abatements notices (in relation to nuisances).

The exemption afforded by S30 is subject to what is known as the 'public interest test'. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.

Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a. General arguments in favour of promoting transparency, accountability and participation.

We consider these factors to be of limited or no relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions:

a. The specific circumstances of the case and the content of the information requested in relation to those circumstances.

b. The likelihood and severity of any harm or prejudice that disclosure could cause.

c. The impact (beneficial or otherwise) of disclosure upon individuals and/or the wider public.

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.

For the reasons given above we will not be communicating to you the information you have requested.

Attachments

• FOIR-672891357_FOIR-672891357_1-FOI672891357.xlsx