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Disclosure log - January 2013

The requests received under the Freedom of Information Act and Environmental Information Regulations during the month, and the responses made are below. The request is shown in italics. Where a response includes a document this can be found in the downloadable documents at the bottom of the page.

Ref Topic Request and response
F13/001 Neighbour forums

(a) Please provide the names of any local community or business groups that have applied to your local authority to become a neighbourhood forum. Response: None (b) Please provide the names of any local community or business groups that have been designated neighbourhood forums by your local authority. Response: None (c) Please state which neighbourhood areas they will cover. Response: N/A (d) Please provide the names of any parish or town councils that have applied to your local authority to designate neighbourhood planning areas. Response: Cockermouth Town Council (e) Please provide the names of any parish or town councils whose applications to designate neighbourhood planning areas have been approved by your local authority. Response: Cockermouth Town Council. Further information and contact details can be found at: http://www.allerdale.gov.uk/planning-and-buildings/planning/planning-policy/neighbourhood-planning.aspx  

(f) Please provide the names of any neighbourhood plans that have been submitted for examination. Response: None

(g) Please provide the names of any neighbourhood plans that have been examined and a recommendation has been made by the examiner. Response: None

F13/005 Business Rates Information

This request is made under the Freedom of Information Act 2000 and further to a decision of the Information Tribunal in England and the London Borough of Bexley v Information Commissioner 2007. In accordance with the above, I hereby request a list of Business Rate accounts that meet the following criteria: Current overpayment/credit shown for any financial year if credit balance hasn't been carried forward Accounts where a 'write on' has been used since 1st April 2000 to cancel an overpayment which has not since been reversed I would request that the list contains the following information: Ratepayer name * Address of property concerned Amount of overpayment/write on If possible, the period/financial year relating to overpayment/credit/write on *Information is only requested where the ratepayer is a company and not an individual as I appreciate this is limited by the Data Protection Acts.

Response below.

F13/006 Cashless mobile parking payment

You asked (with responses from our parking services section): 'Cashless/Mobile Phone Parking Payments' 1.       Who is your current provider and when does their contract expire?

Response: Ringo - current agreed trial period until June 2013

2.       Are there any early termination possibilities?

Response: Current trial period to test use of system  We only operate this system in one town across the Borough with h view of gauging take up and usage before decision on expanding or tendering for project.

3.       Please provide details of the financial arrangements relating to the Mobile Phone Parking Payments (ie was there a set up fee, who provides and pays for the signage, are there any monthly fees, how much does the council keep out of the driver's service payment, who pays the credit/debit card fees, does the council retain any income from the SMS messages, etc). This list is not exhaustive, and therefore please include all payment information when responding.Response: " £15.56 per month per mobile enforcement phone (3 number)" We are charged 8.75% transaction fee" We incurred no set up fees"

No additional signage provided.  They have provided adhesive labels to be attached to the machines" We do not receive any income from the text service

4.       Who is the Parking Services Manager at your Council?

Response: Mr Mike Rollo

F13/007 Staffing numbers

You requested information on headcount and FTEs, as well as specific reference to climate change.

Our Human Resources section has advised the following:

Full-time - Female 109      Male 100
Part-time - Female 68        Male 12

Total = 289 (headcount), FTE 253.14

No FTE Employees in sustainability/climate change

Allerdale Borough Council is not responsible for education in our borough and therefore we do not hold this information. Education is the responsibility of Cumbria County Council and therefore they may hold some or all of the information requested. Their contact email is foi-dp@cumbria.gov.uk .

F13/008 Toilet facilities

1)      How many public toilets does the council currently run/maintain/own?

1. We presently operate 25 toilets

2)      How many public toilets did the council run/maintain/own on January 1, 2008?

2. We used to operate 31 toilets prior to Jan 1 2008

3)      Does the council have any current plans to close public toilets before January 1, 2014?

3. All toilets are under review - no decision made on whether any further toilets will be closed or transferred

4)      How much did the public toilets cost to maintain in 2008, 2009, 2010, 2011 and 2012? (please can you break this down by each year)

4. Maintenance costs are approx - 2008 - 2012 - max £10,000 p.a.

5)      Do you charge for people to use any public toilets? If so, can you say which ones and how much each visit costs?

5. No

F13/009 Staffing numbers and details

Under the terms of freedom of information, I would like to request the following information for the period 1st January 2012 - 31st December 2012 (or for the last complete reporting year if easier) and to exclude employees of schools in the local authority area.

- The total number of full time staff - 203 - The total number of part time staff - 98 - The full time equivalent number of staff - 257.29

- The number of compulsory and voluntary redundancies made by the local authority in the above stated period (please note, I only require a number, no information regarding positions made redundant or of settlements) - 7 Compulsory Redundancy and 8 Voluntary Redundancy

- Number of resignations accepted by the authority for the above stated period (please note, I only require a number, no data concerning the roles resigned, departments effected, etc.) - 11

- Number of newly recruited staff for the above stated period - 11

- Total number of sickness days taken by local authority staff for the above stated period (for the whole authority, not per person) 1,902.50

- Total number of FTE sickness days taken by local authority staff for the above stated period (for the whole authority, not per person) Not recorded and therefore not held

- Total number of grievances (Please note, for disciplinary data, I only require a number, no specific details of any action instigated) 3

Please note that full-time and part-time figures are average for the year.

F13/010 Council tax liability orders

Can you supply me with the following information.

1. The number of complaints you made to West Cumbria Magistrates court in lieu of non payment of council tax during the period January 2011 through to December 2011, please include all dates that complaints were made and number of requests made each month.
2. The number of liability orders granted to Allerdale District council by West Cumbria Magistrates court in lieu of non payment of council tax during the period Jan 2011 through to Dec 2011, supply dates each order/s was granted and numbers each month.
3. The number of complaints you made to West Cumbria Magistrates court in lieu of non payment of council tax during the period    January 2012 through to December 2012, please include all dates that complaints were made and number of requests made each month.
4. The number of liability orders granted to Allerdale District council by West Cumbria Magistrates court in lieu of non payment of    council tax during the period Jan 2012 through to Dec 2012, supply dates each order/s was granted and numbers each month.
5. State clearly what court costs were granted for each liability order/s during 2011 and 2012, month by month if they differ.
6. State in full what amount of those awarded court costs were collected in each of the years 2011 and 2012?

Response below

F13/011 Properties sold by the Council

I would like some information about property sold by the Council. Please would you provide me with a list of council owned properties sold by the council (to include but not exclusive to town halls, day centres, libraries etc).Could you please provide me a full list of buildings sold by the council for the years 2009, 2010, 2011, 2012. I would also like details of any buildings currently up for sale, or in the process of being sold. For each year, could you provide the name and type of the building, the date it was sold, the value it was sold for and, where possible, the name of the buyer and the purposes for which it was bought. For each year, could you please provide me with an overall figure that the council raised through the sale of council owned buildings.

Response below

F13/012 Allotments

As of January 2013, please could you tell me: 1) How many allotment sites are there in Allerdale for which the Council has access to waiting list data? 2) What is the total number of plots on these sites? 3) What is the total number of people on waiting lists for these sites? 4) Are any of these waiting lists closed to further applications? 5) How many new allotment sites on council land were brought into use in 2011 and 2012? Please give: a) number of new sites b) names of new sites c) total area of new land in hectares d) total number of new plots.

I am writing to inform you that Allerdale Borough Council does not have responsibility for allotments in our borough. These are all administered by local town and parish councils. Therefore the Council does not hold any information in response to your request.However, it is possible that the local town and parish councils may hold some or all of the information you require. Their contact details can be found at: http://democracy.allerdale.gov.uk/mgParishCouncilDetails.aspx?LS=11&SLS=1&bcr=1  . If you would like me to forward your request to them then do let me know.

F13/013 Investments

 1. Does your organisation, or an investment firm working on behalf of your organisation have any money invested in Tobacco firms? (For example, this could be in the form of pension investments or council reserve investments etc etc) 2. If so, how much?

Our finance department as advised that we are unaware of the investments in which our banks carry out. Details of current banks can be provided upon request.The staff pension fund is administered by Lancashire County Council, contact details are as follows. Any requests for information should be directed to them.Your Pension Service, PO Box 100, County Hall, Preston, PR1 0LD; www.yourpensionservice.org.uk ; Email: Connect2Pensions@oneconnectlimited.co.uk

F13/015 FOI requests, complaints; Ledear's allowances and Chief Executive's salary

 I would like to request under the Freedom of Information legislation the following information:1. Total no of FOI Requests received between a. 01 Jan 2010 - 31 Dec 2010 b. 01 Jan 2011 - 31 Dec 2011 c. 01 Jan 2012 - 31 Dec 2012.

This information is available on our website at: http://www.allerdale.gov.uk/council-and-democracy/data-protection-and-freedom-of/freedom-of-information-act-200.aspx  

2. Total no of complaints received between a. 01 Jan 2010 - 31 Dec 2010 b. 01 Jan 2011 - 31 Dec 2011 c. 01 Jan 2012 - 31 Dec 2012

2010 - 119 complaints recorded 2011 - 77 complaints recorded 2012 - 70 complaints recorded

3. Leader of the council's salary. This information can be found in the Members' Allowance Scheme which is on our website at: http://www.allerdale.gov.uk/council-and-democracy/councillors-democracy-election/councillor-allowances.aspx

4. Chief Executive's salary To find salary information look in our Statement of Accounts at: http://www.allerdale.gov.uk/downloads/Statement_of_Accounts_11_12_-_Submitted_to_Audit_Commission_29-6-12_-_FINAL.pdf

F13/016 Business rates

In accordance with the provisions specified within the above Act I hereby request the following information or an update of the information since the last request. All information requested relates to Business Rates. " Required Information;- A list of all live business rates accounts with a 2010 list Rateable Value greater than or equal to £25,000. " Property Reference Number (also known as Billing Authority Reference Number) of the property on which the charge is made. Please note that this is not the Rate Demand or Rate Account Number. " Current Rateable Value upon which the charge is based " The Business Name of the party liable for the charge " The hereditament address " The address(of the account holder) to which correspondence in respect of the property is sent including the contact telephone number and email address " The liability start date or date of first account " In addition to occupied business rated properties, where a property is currently subject to empty rates please provide the date it became empty " The date where a property became exempt or in receipt of business rates relief " A description of the property type (e.g. office/warehouse/retail) We do not require any personal information or sole traders.Our Revenues section has provided the attached information.

Response below

F13/017 Public funerals

My request is for information regarding persons who have died with no known next of kin since 01/08/2012 to the date of your reply. Please also include any 'pending' cases that have been/may shortly be referred to any public authority or Treasury Solicitor (or Duchy of Lancaster/Duchy of Cornwall within their jurisdictions) and any cases where the deceased died before 01/08/2012 but have only recently come to light, for whatever reason. Would you please include:1. full names2. dates of birth / ages at death3. marital status4. maiden surnames of married females5. dates of death6. last known addresses7. estimated value of estates8. date(s) when the information was passed (or information that is pending or about to be passed) to the Treasury Solicitor (or Duchy of Lancaster or Cornwall or QLTR in Scotland)9. name of any other public authority details have been referred to.

Response: Our Bereavement Services section has confirmed that they are not aware of any such cases as described and therefore we do not hold any relevant information to disclose. Please note that for future reference further information can be found on our website at: http://www.allerdale.gov.uk/community-and-living/deaths-funerals-and-cremation/council-funerals.aspx  .

F13/018 Business rates

Please accept this email as a formal request under The Freedom of Information Act 2000.Would you please provide me with the following information for commercial premises which are currently vacant and where the rateable value of the property exceeds £25,000;" The full address including postcode" The name of the account holder where it is not an individual (if it is, please leave blank)" The rateable value of the property" The date on which the premises first became vacant" The type of property (if such information is easily included).

Response below

F13/019 Apple devices purchased

 1) How many IOS devices has your Authority purchased (From herein when referring to an IOS device we are referring to an iPhone or an iPad) 11

2) Is there a work programme for this calendar year to purchase IOS devices? No

3) Do you intend on introducing apps to be used by employees of your Authority? No

4) If yes to Q3, how will you develop these apps, either using internal resource or external resource?

5) Have any of your Councillors been given access to use an IOS device? Yes

6) Which Function with the Authority would be responsible for the administration of Councillors? Democratic Services

F13/020 Dog fouling reports and penalty notices issued How many complaints/ reports about dog fouling have been received each year by the council between 01.01.2009 to 31.12.2012. Please give yearly figures.

How many Fixed Penalty Notices for dog fouling were issued each year by the council between 01.01.2009 to 31.12.2012. Again, please provide yearly figures.

How much did the council spend in 2009, 2010, 2011 and 2012 on cleaning up dog fouling?

How much did the council spend in 2009, 2010, 2011 and 2012 on signage warning against dog fouling?

Our Community Services section has advised that:

            2009: 218 complaints and 12 fixed penalties issued.

            2010: 320 complaints and 16 fixed penalties issued

            2011: 209 complaints and 17 fixed penalties issued

            2012: 411 complaints and 55 fixed penalties issued.

I understand that any costs relating to clean up and signage are merely part of larger budgets and we are unable to extrapolate the actual costs for these specific activities.

F13/021 Business rate information

This is a request for information, related to Business Rates, filed under the Freedom of Information Act 2000. Please provide the following information in respect of ratepayers that are currently in receipt of : (a) Mandatory rate relief (s.43, S.45 & S64 LGFA 1988), or (b) Discretionary rate relief : (s47 LGFA 1988), or (c) both In such circumstances please provide : (i) property address (including postcode) (ii) property reference number ratepayer name (iii) % of relief granted We will be grateful if you could provide this information within the statutory time limit of 20 working days. Our preferred format in which to receive this information is in an Excel spreadsheet and we would prefer to receive the information in an email but will also accept the information in a formatt of your choice via fax or by post. We have considered this request carefully, checking each request against the exemptions in the Freedom of Information Act 2000 and analyzing previous Decision Notices issued by the Office of Information Commissioner. We would also like to make it clear that we are not, at this stage, applying under the Re-Use of Public Sector Regulations (SI 2005 No. 1515).

Response below

F13/022 Trading standards

Please can you help with the following?How many counterfeit electrical items were seized by trading standards in 2012? How many counterfeit electrical items were seized by trading standards in 2008, 2009, 2010 and 2011? Please give figures by year. Can you provide a breakdown of the type of electrical items seized, i.e. televisions, computers, laptops, DVD players, tablets, mobile phones, music systems, headphones etc? Please provide figures by year for 2008, 2009, 2010, 2011 and 2012. Can you give a value/cost to the electrical items seized? Please provide figures by year for 2008, 2009, 2010, 2011 and 2012.

Response: Allerdale Borough Council is not responsible for trading standards in our area. Therefore we do not hold any relevant information to answer your request.However, it is possible that Cumbria County Council may hold some or all of the information you require. They can be contacted at Corporate Information Team, Lower Gaolyard, The Courts, Carlisle, CA3 8NA; Phone 01228 221234; Fax 01228 606706; Email foi-dp@cumbriacc.gov.uk . If you would like me to forward your request to them then do let me know.

F13/023 Public health funerals

A LIST OF ALL PUBLIC HEALTH FUNERALS IN THE LAST 8 WEEKSUnder the Freedom of Information Act 2000 I write to request the following:The names of all Public Health Funerals/ bona vacantia estates passed or in the process of being referred ie pending referral to The Treasury Solicitor ( BV ) Department or Duchy of Lancaster within the last 8 weeks. This is a request for fresh information.We request the following information only:1) The full name of the deceased2) The date of death3) Last known address4) Approximate value of estate ( if not exempt )

Response: Our Bereavement Services section has advised that they are not aware of any such cases as described in the period stated. Therefore we do not hold any relevant information to disclose. Please note that any further information will be made available on our website on the Council Funerals page.

F13/024 Zoo inspection information A copy of the zoo’s current stock list.

Copies of any correspondence between the zoo and the council, relating to zoo licensing and animal welfare, since January 2005.

A copy of all zoo licenses issued since January 2005 plus any attached conditions.

I would refer you to our previous responses which provided you with information held prior to August 2011.

Our response (below) includes a copy of the more recent relevant information which we hold. It also includes two emails and two species lists.

Note that some information has been redacted. This is largely where the information is irrelevant to your request.

However, we have also redacted information under Regulation 12(3) and 13 of the Environmental Information Regulations, where the information contains personal information about identifiable individuals. The information redacted is names and contacts of individuals which we believe to be personal information as defined by Section 1(1) of the Data Protection Act. Once established we have to consider whether any of the principles under the DPA are likely to be breached by disclosing this information. The most relevant principle is the first which relates to fairness and the expectation of individuals. We do not believe that these individuals would expect their information to be disclosed in this way and therefore by releasing this information we are at risk of being in breach of the first principle of the Data Protection Act. We therefore feel that the exception provided in Regulation 12(3) and 13 of the Environmental Information Regulations is engaged. As an absolute exemption we have not considered the public interest test.

F13/025 Complaints to social services

 You asked: Can you please provide me with answers to the following questions? 1. How many complaints have your social service's department received in the past 5 years. (Please provide a yearly breakdown). 2. What is the statistical outcome of the complaints i.e. founded, unfounded, malicious, etc. (Please provide a yearly breakdown). 3. Where the complaint originated from, was it from i.e. parents, children, internally or professional bodies such as NSPCC, police etc. 4. The total amount of children on the at risk register for the past 5 years. (Please provide a yearly breakdown). 5. The total amount of children deemed to be 'In need' for the past 5 years. (Please provide a yearly breakdown). 6. Your adoption targets for the past 5 years. (Please provide a yearly breakdown). 7. The amount of children adopted in the past 5 years. (Please provide a yearly breakdown). 8. The amount of money received from central government for reaching the target mentioned in Q6. 9. How many times have social worker miss-led professionals/courts/services users? 10. How many social workers have made vexatious/fictitious/fraudulent reports because of complaints being made against them or their colleagues by service users? 11. Who investigates to ensure that complaints made about reports mentioned in Q10 are not vexatious/fictitious/fraudulent? And what action is taken if it is found that the complaint holds merit.

Response: I am writing to inform you that Allerdale Borough Council does not have responsibility for social services in our borough and therefore we do not hold any relevant information to disclose. Social services is the responsibility of Cumbria County Council.Therefore, it is possible that Cumbria County Council may hold some or all of the information you require. They can be contacted at Corporate Information Team, Lower Gaolyard, The Courts, Carlisle, CA3 8NA; Phone 01228 221234; Fax 01228 606706; Email foi-dp@cumbriacc.gov.uk . If you would like me to forward your request to them then do let me know.

F13/026 Signature of council tax documents by mechanical means

CPR - Signature of Documents by mechanical means     PRACTICE DIRECTION 5A - COURT DOCUMENTS This Practice Direction supplements CPR Part 5     Signature of Documents by mechanical means     1 Where, under rule 5.3, a replica signature is printed electronically or by other mechanical means on any document, the name of the person whose signature is printed must also be printed so that the person may be identified. This paragraph does not apply to claim forms issued through the Claims Production Centre.          http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part05a          1) Under the FoIA I wish to know if the above CPR practice direction applies to the magistrates court when granting summonses for non payment of council tax to the council.          2) Under the FoIA I wish to know if the above CPR practice direction applies to the council who create and issue non payment of council tax summonses ( court documents) on behalf of the magistrates court who grants them.          3) Please provide all recorded information that confirms that when the council prints a replica signature (a facsimile signature) onto a magistrates court summonses for non payment of council tax on behalf of the court, that the council also prints the name of the person whose signature is printed so that the person may be identified.

In response we believe that as your request asks for a legal opinion then it is beyond the boundaries of the Freedom of Information Act which provides a right to recorded information. However, our Revenues section has advised that we have a signature and name on our summonses. They have also advised that the advice in Council Tax Law and Practice states that "a justice's clerk in empowered to consider a complaint and issue a summons, in the manner of a justice of the peace, by the Justices' Clerks Rules 1970. This is particularly referred to in the context of applications for liability orders (and appeals against distress) in reg 53(3) of the regulations. The task of signing a summons can be performed by the use of a facsimile signature of the justice of the peace or the justice's clerk on a rubber stamp."

F13/027 Average weekly council housing rent

Would you please provide me with the average weekly council housing rent in your local authority area for each of the last three years for (1) a one bedroom flat and (2) a two bedroom flat.

I am writing to inform you that Allerdale Borough Council does not own any council housing in our area. All housing provided by public funds is owned and administered by various housing associations. Therefore we do not hold the information requested.However, it is possible that the various housing associations may hold some or all of the information you require. Their contact details can be found at: http://www.allerdale.gov.uk/housing/finding-a-home/finding-a-home-to-rent/housing-associations/housing-associations-in-allerd.aspx  . If you would like me to forward your request to them then do let me know.

F13/028 Staff involved in benefit fraud investigations

 You asked (with responses provided by our Fraud section):1) Number of officers involved in benefit fraud investigation in each of the last three years. If you can quantify the administrative staff that support the work, please quantify this separately.

The number of investigators for each of the three years is on average less than three. We also have a fraud support officer (admin) who was full time for 09/10, then part-time from 10/11 and 11/12.

2) Number of prosecutions against individuals believed to have committed benefit fraud in each of the last three years. Number of prosecutions: 09/10 = 12 10/11 = 8 11/12 = 12

3) The value of fraud prosecuted in each of the last three years. Value of fraud prosecuted: 09/10 = £79,736.18 10/11 = £31,065.89 11/12 = £68,598.75

F13/029 Violent incidents against teachers

1a How many incidents of violence were recorded against primary school teachers or staff by pupils in your council area in each of the last three full academic years? 1b Of the incidents of violence please also specify how many involved a verbal attack, a physical attack, or sexual violence. 2a How many incidents of violence were recorded against secondary school teachers or staff by pupils in your council area in each of the last three full academic years? 2b Of the incidents of violence please also specify how many involved a verbal attack, a physical attack, or sexual violence. 3a How many incidents of violence were recorded against primary school teachers or staff by parents in your council area in each of the last three full academic years? 3b Of the incidents of violence please also specify how many involved a verbal attack, a physical attack, or sexual violence. 4a How many incidents of violence were recorded against secondary school teachers or staff by parents in your council area in each of the last three full academic years? 4b Of the incidents of violence please also specify how many involved a verbal attack, a physical attack, or sexual violence.

Response: Allerdale Borough Council is not responsible for schools in our borough and therefore we do not hold any relevant information to disclose in response to your request. Education is the responsibility of Cumbria County Council.

Therefore, it is possible that Cumbria County Council may hold some or all of the information you require. They can be contacted at Corporate Information Team, Lower Gaolyard, The Courts, Carlisle, CA3 8NA; Phone 01228 221234; Fax 01228 606706; Email foi-dp@cumbriacc.gov.uk . If you would like me to forward your request to them then do let me know.

F13/030 Section 106 agreements

Under the Freedom of Information Act 2000, please could you supply me with the number of Section 106 Agreements agreed by your authority and the total amount of revenue collected from those Section 106 Agreements for: 2007/08, 2008/09, 2009/10 2010/11, 2011/12. I would like a forecast for 2012/13 as well please.

The request is being handled under the Freedom of Information Act 2000.From our preliminary assessment, we estimate that compliance with your request would exceed the appropriate costs limit under section 12 of the Freedom of Information Act 2000. This is currently £450 based on 18 hours work at £25 an hour. This is because I understand that we do not centrally hold Section 106 agreements and therefore to provide information in response to your request would require a manual process.

F13/031 Debts to the Council

Please can you provide me with the following information:

1)      Total gross sundry debt arrears for 2011/12
2)      Total Bad Debt provision for 2011/12

Our Finance department has advised that details of our debts can be found on our website in the Statement of Accounts, particularly note 11. Our Statement of Accounts can be found at: http://www.allerdale.gov.uk/council-and-democracy/statement-of-accounts.aspx .

F13/032 Zoo licensing

Requests zoo information on the Gincase establishment.

Response: The premises has a 14(1)(a) exemption direction and therefore the Zoo Licensing Act 1981 does not apply to this premises.

F13/033 Housing waiting list

In each of the last four years (2009/10, 2010/11, 2011/12, 2012/13 to date) what was the average number of weeks it took to rehouse households on the council's waiting list.Would you also please break down this information by number of bedrooms required, i.e. 1, 2, 3, 4, 5 or more.I assume you are referring to the provision of council housing.

Response: Allerdale Borough Council does not own any housing which is provided through public funds. All such housing is owned and provided by a number of local housing associations. Therefore we do not hold information on waiting lists for housing as such.However, it is possible that the various housing associations may hold some or all of the information you require. They can be contacted via the addresses shown on our website at: http://www.allerdale.gov.uk/housing/finding-a-home/finding-a-home-to-rent/housing-associations/housing-associations-in-allerd.aspx  . If you would like me to forward your request to them then do let me know.

F13/034 Bill of Exchange Act 1882 and Council Tax

Under the FoIA I wish to know if the council tax bill produced and issued by the council conforms with the Bills of Exchange Act 1882 all recorded information you hold is required. If your council bill does not conform please give the reasons why.          The Act clearly defines a Bill of Exchange in Section 3 as:          "A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer."          Any "Bill" that fits this definition is then legally bound to act within the Bills of Exchange Act 1882 irrelevant of other legislation unless the said Statute repeals the Bill of Exchange Act in some way.          This is clearly not the case as the The Local Government Finance Act 1992 has not and does not repeal any part of the Bills of Exchange Act 1882.

As your request asks for a legal opinion we believe it is beyond the boundaries of a Freedom of Information Act request as defined by the Act. This states that it relates to recorded information held by the Authority. However, our Revenues section has advised that they believe their Council Tax procedures comply with all relevant legislation.

F13/035 Taxi licenses

Please can you provide contact details of all taxi, mini cab and private hire operators within your area.  Your licensing department should hold this information.

Looking for the following information:-

Business Name
Address Line 1
Address Line 2
Town/City
County
Postcode
Telephone Number
Email
Type of business (eg taxi, private hire etc)
Number of Drivers
Years Licence Held

F13/036 Public health funerals This letter is a request for information under the freedom of information act and I hope you can assist me. I appreciate you might not hold all of the information below, but would like to know as much as you can provide. I would like to know details of anyone who has died with no known next of kin from 1/9/2012 to the day of your reply. If there are any new cases where the person died prior to 1/9/2012, but that were only dealt with after this date, pleas also include detAIls, and to be more specific;

1.       their full names

2.       the date they died

3.       the approximate value of their estate

4.       their dates of birth or age at death

5.       whether or not they were married, divorced, single, or widowed

6.       the maiden surnames of married females or widows

7.       their  address at death

8.       the date when a referral was made of this estate to the Treasury Solicitor or Duchy of Lancaster or Cornwall

9.       If a referral to the Treasury Solicitor or Duchy has not yet been made and you think it will be made soon could you advise me of this too.

10.  If a case is still undecided or awaiting referral, please also advise of details.

Our Bereavement Services section has advised that they are not aware of any such cases as described. Therefore we do not hold any information to disclose.

F13/037 Size of the electorate

The individual electorates for the 31 wards of Allerdale Borough Council.

Response below

F13/038 New Homes Bonus

Have you used funds from the New Homes Bonus to fund or support housing development? No

How many homes (a) have been completed or (b) are under construction, have been funded in whole or part by the New Homes Bonus? None

Have you used funds from the New Homes Bonus to contribute towards the council's general fund? Yes

F13/039 Mileage rates and allowances Please provide the following information in relation to the 2010/11, 2011/12 & 2012/13 financial years.

Please provide details of all officers/employees/contractors/consultants/workers who received remuneration under the Essential Car User scheme. For each such person, please provide the following detail: 1) title of post; 2) contracted weekly hours; 3) gender; 4) amount paid under Essential Car User scheme during relevant financial year; 5) total mileage claimed during relevant financial year

Please also supply a copy of your Essential Car User policy and confirm who is responsible for reviewing recipients entitlement to Essential Car User payments.

Our payroll has confirmed the following amounts which were paid out under Essential Car User Payments:

2010/11 - Total Miles = 138,937

               Essential User allowance = £60,659.91

               Mileage = £74,339.57

2011/12 - Total Miles = 135,728

               Essential User Allowance = £60,624.85

               Mileage = £68,272.54

2011/12 up to the end of January 2013

               Total Miles = 111,539

               Essential User Allowance = £46,249.15

               Mileage = £56,327.36

The number of individuals who were able to claim essential car user payments for those years are:

            2010/11 - 66

            2011/12 - 51

            2012/13 (to date) – 49

Please note that these figures are for individuals and there are certain posts which had more than one individual within a particular year.

We feel that more detailed information about individual posts would be exempt from disclosure under Section 40(2) and (3) of the Freedom of Information Act, Personal Information. We feel that detail of the information requested is personal information as defined by Section 1(1) of the Data Protection Act as it relates to an identifiable individual who would be in a particular post. In coming to this conclusion we have also considered the fact that essential car user status impacts on the individual’s tax status.

We have therefore considered whether those individuals would expect their information to be made public in this way. Car user status is not included in job adverts or job descriptions and is therefore not already public information. Therefore it is considered that the individuals concerned would not necessarily expect their information to be disclosed publicly in response to a Freedom of Information Act request.

With this in mind we believe that disclosure of detailed information could result in the Council being in breach of the first principle of the Data Protection Act. Therefore the exemption provided by Section 40(2) and (3) of the Freedom of Information Act is engaged. As a absolute exemption we are not obliged to consider the public interest test.

F13/040 Credits on business rate accounts

I would be obliged if you could forward the information requested below:- for as many years as you can provide: 1. Details of all genuine credits that are held on your business rates system to include: credits written away to suspense/ control accounts 2. Amounts written off 3. Credits which are due to non individuals. Please exclude all non genuine credits that may have arisen as a result of internal accounting practices or system changes. Could you please provide the following details:- • Name of ratepayer • Amount (Value) • Date credit arose • Property Address Including Postcode • Billing Address Including Postcode • Account Number • Account status (open/closed/archive) • Property Reference Number • Reason for Credit

Response below

F13/041 Use of RADA

Has the council paid RADA in Business (Royal Academy of Dramatic Art) for local authority training classes during the past four years? 1 - Please list the dates when the workshops were held for 2009, 2010,2011 and 2012. 2 - Please list how much money was paid by the council to RADA in Business (Royal Academy of Dramatic Art) for each training workshop. 3 - Please state the name of the course/courses undertaken. 4 - How many councillors or council staff attended the classes.For your assistance and clarity in dealing with this query below is the link to the training courses I am referring to:http://www.radaenterprises.org/communication-skills-training/local-authority-training

Response: I understand that the Council has not used the services of RADA in any training workshop in the period stated.

F13/042 Benefits and under-occupancy of bedrooms

1. The number of households in the council area that are known or believed to be under-occupying their properties by one bedroom, under the terms of the 'bedroom tax' 2. The number of households in the council area that are known or believed to be under-occupying their properties by two or more bedrooms, under the terms of the 'bedroom tax' 3. The forecast average weekly loss in Housing Benefit for tenants who are under-occupying by one bed, due to the 'bedroom tax' 4. The forecast average weekly loss in Housing Benefit for tenants under-occupying by two or more bedrooms, due to the 'bedroom tax' 5. Any steps the council has taken, is taking or intends to take to assist affected tenants. 6. The number of housing tenants the council has transferred to smaller homes so far during 2012/13 7. Any data on the number of affected tenants who have informed the council that they plan to move home, or alternatively that they plan to remain in their current abode. 8. Any estimate of how many vacant one-bedroom properties currently exist (or are likely to exist in April 2013) (a) in the local council housing stock and (b) in the social and affordable housing stock of local housing associations9. Any demographic breakdown of the figures provided in response to questions 1) and 2) held by the council - i.e. number of households with a disabled occupant, number of pension-age households etc. The council should provide any demographic breakdown it holds with regard to the figures in question 1) and 2), regardless of the precise demographic parameters. If any of the requested information is held by an external housing provider or management service, please ask them for the information under the terms of the Freedom of Information Act. If the data for any part of this request is not collated by the council or by external housing providers, please respond with 'information not held' for that specific part of the request rather than applying the section 12 exemption for the hypothetical cost of collecting and collating that data from scratch.To clarify, 'bedroom tax' refers to the government's planned cut in Housing Benefit for council housing and housing association tenants who are deemed to be under-occupying their properties, due to come into force in April 2013.

Response: In answer to questions 1-4, the table below provides the information requested:

Total cases affected - 1741

Cases reduced by 14% - 1438

Cases reduced by 25% - 303

Total weekly shortfall - £23,886

Wkly Shortfall on 14% reduction cases - £17,313

Wkly Shortfall on 25% reduction cases - £6,573.33

In response to Question 5: we are issuing letters to the customers we believe will be affected by the under occupation regulations. We can offer tenants the option of applying for a Discretionary Housing Payment (commonly referred to as a DHP) but whilst the budget for this has been considerably increased from last year, it will not cover the amounts which will be lost by customers. In response to the other questions, we do not hold any relevant information. The Council does not own any housing stock as these have all been transferred to housing associations who work in the area. You may be able to get some information in answer to your request from them. Their contact details can be found on our website at: http://www.allerdale.gov.uk/housing/finding-a-home/finding-a-home-to-rent/housing-associations/housing-associations-in-allerd.aspx  .

F13/043 Contact details

Can you send me details for the following departments?Can you send me the details for the Events Manager?We do not have anyone with that title in our Council.Lottery funding, charity and voluntary. if different addresses please say which address for each department.

We do not have anyone with those titles in our Council. The closest you may come to anyone involving the voluntary sector would be our Economic Growth section. They can be contacted at the address shown below. All Addresses for procurement.This is the same address as below. A housing and tax benefit for to my address and a disabled bus form. Please find enclosed a copy of the forms used by the Authority for the administration of benefits. Allerdale Borough Council does not administer the disabled bus pass scheme. These are administered by Cumbria County Council. More information can be found on their website at: http://www.cumbria.gov.uk/roads-transport/public-transport-road-safety/transport/publictransport/busserv/encts/default.asp  . Their postal address is:  Cumbria County Council, The Courts, Carlisle, Cumbria, CA3 8NA.

F13/044 Payments to ISS for grounds maintenance and cemetery contract

 1. Details of payments made to ISS for year 2012 for maintenance of grounds and cemetery contract 2. Details of budget for 2013 in relation to the above.

In response the Community Services section has advised the following that our budgets work in financial years and therefore we can provide you with information for 2012/13 and 2013/14. If you want individual monthly payments, these can be found on our internet under the £500 spending page. In 2012/13 = £1,048,950. This includes payments already made and anticipated spending for the last few months of this year. In 2013/14 = £934,970. This is the proposed budget for 2013/14.

F13/045 Grit bins

 I would like to request a list of the locations of all of your grit bins (if any). I would also like a csv or other file with a list of all the roads you grit. If you use a priority system please include this with that data.I would also like to request an automated data report once a day (or more regularly) on which grit bins have been filled (again if applicable) and which routes have been gritted (and ideally at what time) this could be in the form of an automated email, a link to a CSV/XLS file updated daily or any other reasonable format.If you have a twitter or social media feed with updates on gritting please include a link to this. Also please include a link to your gritting page on your website.

Response: The information requested is not held by Allerdale Borough Council. We assume you mean grit bins for the use on roads and pavements. However, Allerdale Borough Council is not responsible for the gritting of these areas in our borough. This responsibility is held by Cumbria County Council.Therefore, it is possible that Cumbria County Council may hold some or all of the information you require. They can be contacted at Corporate Information Team, Lower Gaolyard, The Courts, Carlisle, CA3 8NA; Phone 01228 221234; Fax 01228 606706; Email foi-dp@cumbriacc.gov.uk  . If you would like me to forward your request to them then do let me know.

F13/046 Council tax metadata Council Tax Metadata - Electronic Evidence Local Government Finance Act 1992

     Please refer to section 1 (b)

     Admissibility of evidence14(1)Regulations under paragraph 1(1) above may include provision that, in any proceedings before a magistrates’ court under any provision included by virtue of the preceding provisions of this Schedule—(a)a statement contained in a document of record shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible; and (b)a certificate which is made with respect to a document of record produced by a computer and purports to be signed by a responsible person shall be admissible as evidence of anything which is stated in it to the best of his information and belief. (2)In this paragraph "document of record" means a document constituting or forming part of a record compiled by the authority concerned; "responsible person" means a person occupying a responsible position in relation to the operation of the computer; "statement" includes any representation of fact, whether made in words or otherwise.

http://www.legislation.gov.uk/ukpga/1992/14/schedule/4

I wish to know and request under the FoIA the following documented information and require all metadata between the Council and the Magistrates’ Court .

1) Encompassing council produced computer generated evidence that is presented to Magistrates’ Court in an application to the Magistrates’ Court for summonses to be granted for a non payment of council tax liability hearing.

2) Encompassing documented rules, procedure, legislation or policy you hold that requires the council to produce a signed IT Certificate that ensures that the council computers that print off the complaints, summonses and liability orders are working correctly at the time of printing, to confirm the electronic signature(s) are authentic.

3) Produce the Council IT certificate (with re-dacted signatures) but show the rank, name and printed name of the person signing.

4) Produce the rank and printed name(s) of all person(s) responsible for signing the Council IT Certificate that is presented as evidence to the Magistrates’ Court that confirms that the Council computers ( not Magistrates' computers ) were working correctly at the time they printed off the court documents.

Our Revenues section has advised that in answer to

(1) this information is held by the Court

(2) we do not hold any internal written procedures

(3) Please see the respone below

(4) The signatory is Theresa Carr, Senior Recovery Officer.

F13/047 Council tax benefit changes

 You asked:I am requesting the following information under the Freedom of Information Act: 1. Is the council planning to make any changes (other than non-financial changes, e.g. changes in terminology) to its Council Tax Benefit (CTB) system under Council Tax Support (CTS) from April 2013? If the answer to 1) is 'No', the council need not fulfil the remainder of this request. Otherwise, please continue. 2. What is the maximum percentage of a working age CTS claimant's council tax bill that will be funded under the chosen/preferred CTS scheme? For example, if the maximum CTS payment will be for 75% of a council tax bill, please give 75% as the answer. This excludes any exemptions for defined vulnerable groups (e.g. disability benefit claimants).3. What is the existing in-year non-collection rate for council tax across all households (i.e. including both CTB claimants and non-claimants)? Please give this as a percentage figure - so, if 98.75% of council tax payments are made without falling into arrears during the financial year, please give 1.25% as the response to this question. The council may use figures for the last completed financial year; please do not use figures that include 2012/13 council tax payments that have not yet fallen due within the definition of 'non-collection'.4. What is the (estimated or confirmed) forecast in-year non-collection rate for council tax charged to CTB claimants under the council's proposed CTS scheme for 2013/14? In other words, a non-collection rate specific to claimants under the CTS scheme, and excluding non-claimants - the preference would be for a figure specific to working age CTS claimants, but if that is not available, a figure for all CTS claimants will suffice (please specify which definition applies to the council's response). Please provide both a percentage figure (i.e. the percent of all council tax due from CTS claimants that the council forecasts will not be paid within the correct financial year), and a total financial value for non-paid council tax charged to CTS claimants (e.g. £750,000).If in doubt re 4), the council should take the amount of money it is seeking to save from the CTB system via changes to CTS (excluding any cross-subsidised savings from other measures, such as cutting second homes/empty properties council tax discounts), take the amount of money it is budgeting to receive from CTS claimants, and calculate the non-collection rate from there.If no CTS-specific figure is available for 4), please provide a response to 5) below [if a figure for 4) has been given, please ignore5)]:5. Please provide a forecast in-year non-collection rate for all council tax payments for 2013/14, including those by non-CTS claimants, giving both a percentage figure and financial value, and also provide a financial value for 3) in addition to the percentage figure already requested.

Our Benefits service has advised that there will be no changes to the council tax benefit system on 1 April 2013. Therefore all questions after (1) are not applicable.

F13/048 Building control prosecutions

I am currently conducting research into the number of builders prosecuted over the last few years and would like to submit the following questions under the Freedom of Information Act 2000. · How many builders/construction companies did the Council prosecute in 2012? - How many of these prosecutions were successful?- What was the individual name and/or company name of all those prosecuted?· How many builders/construction companies did the Council prosecute in 2011?- How many of these prosecutions were successful?- What was the individual name and/or company name of all those prosecuted?· How many builders/construction companies did the Council prosecute in 2010?- How many of these prosecutions were successful?- What was the individual name and/or company name of all those prosecuted?· How many builders/construction companies did the Council prosecute in 2009?- How many of these prosecutions were successful?- What was the individual name and/or company name of all those prosecuted?

Response: Our Building Control section has advised that they have not prosecuted any builders/construction companies in the period stated.

F13/049 Details on schools

 I am seeking information under the Freedom of Information Act 2000 that you may hold in relation to the most oversubscribed and undersubscribed state-maintained primary and secondary schools in your area.1) Please provide the names of the three most oversubscribed state primary and three most oversubscribed secondary schools in your local authority area. In relation to each school, please provide information on:i. The number of places available for pupils starting in Year 1 at the beginning of the academic year 2013/14.ii. The number of pupils who listed the school as one of their choices on admissions forms to start in September 2013. Note: If the authority only retains information relating to first preferences, please provide this data instead.iii. The type of school (ie. academy, voluntary-aided school, selective state school, community school etc).2) Please provide the names of the three most undersubscribed state primary schools and three most undersubscribed secondary schools in your local authority area. In relation to each school, please provide: i. The number of places available for Year 1 pupils at the start of the academic year 2013/14.ii. The number of pupils who listed the school as one of their choices on admissions forms to start in September 2013. Note: If the authority only retains information relating to first preferences, please provide this data instead.iii. The type of school (ie. academy, voluntary-aided school, community school etc).

Response: Allerdale Borough Council does not have responsibility for schools in our borough and therefore we do not hold any relevant information in relation to this request. Schools are the responsibility of Cumbria County Council.Therefore, it is possible that Cumbria County Council may hold some or all of the information you require. They can be contacted at Corporate Information Team, Lower Gaolyard, The Courts, Carlisle, CA3 8NA; Phone 01228 221234; Fax 01228 606706; Email foi-dp@cumbriacc.gov.uk  . If you would like me to forward your request to them then do let me know.

F13/050 Electoral registration

 You asked: Bearing in mind the forthcoming County Council Elections, I seek assurances on the following: 1. The Council are continuing to endeavour Electoral Registration occurs where householders appear not to have returned their Registration form or confirmed Registration Electronically. 2. In the case of home for the elderly of whatever description (care, residential...) returns are received or obtained and, by the nature of these establishments, Registration is reviewed more frequently than annually.3. Regarding newly built and occupied properties, registration is secured as soon as reasonably possible.

Response: Your request is outside of the boundaries of the Freedom of Information Act, as it requests comments rather than information held by the authority. However, our Democratic Services section has advised that the Electoral Registration Officer continues to undertake his statutory duties regarding maintaining a complete and accurate register of electors for the Borough.

F13/051 Pothole information

How many new potholes were reported on the roads for which your authority is responsible in each of the last three full financial years and in this financial year to date? How many potholes were repaired in each of the last three full financial years and in this financial year to date? What is your current backlog of potholes to be repaired as of the date of this request?How much have you paid out in road user compensation claims in each of the last three full financial years and in this financial year to date?

I am writing to inform you Allerdale Borough Council is not the Highways Authority in the borough and therefore we do not have responsibility for roads. We do not therefore hold the information requested. The Highways Authority is Cumbria County Council.Therefore, it is possible that Cumbria County Council may hold some or all of the information you require. They can be contacted at Corporate Information Team, Lower Gaolyard, The Courts, Carlisle, CA3 8NA; Phone 01228 221234; Fax 01228 606706; Email foi-dp@cumbriacc.gov.uk  . If you would like me to forward your request to them then do let me know.

F13/052 Land charge information

You asked about the provision of information for land charge enquiries. The request was:We are carrying out a review of data sources/formats available for LLC1/CON29R searches at each local authority and would be obliged if you could complete the attached proforma to confirm which information is accessible to the public. Could you also please confirm where this information is available on the Council website, for public access at the local authority, on request from the local authority free of charge or on request for a fee (confirming the fee), together with the relevant contact person/department.Finally, please can you confirm:1) if you envisage any changes to access arrangements in the coming year; 2) Council charges in 2013 for LLC1, CON29R, LLC1/CON29R and provision of Planning Histories.

Please find the respone below. This was provided in response to a similar request in 2012. We do not envisage any changes to access arrangements in the coming year.The fees and charges for the financial year 2013/14 have yet to be agreed. The charges for 2012/13 are available at: http://www.allerdale.gov.uk/council-and-democracy/fees-and-charges.aspx  .

F13/053 Road maintenance

 1. How many outstanding roadworks/road maintenance projects (i.e. ones that are not yet complete) are there in your council area? 2. What is the total distance (in miles) that these outstanding roadworks cover (e.g. 10 miles)? If possible, could you also provide the length of each outstanding roadworks/road maintenance project? 3. How long ago (please provide a month and year for the start date) was the current longest outstanding road maintenance project in your council area started? 4. What is the name of the road in your council area that has had the most roadworks in the past five years, and what is the total number of works completed and outstanding on this road? 5. How many roadworks projects IN TOTAL have been completed in your council area over the past five years (please provide a figure for each year: 2008, 2009, 2010, 2011 and 2012). 6. How many complaints have your council received regarding roadworks in your area in the past five years?

Response: Allerdale Borough Council is not responsible for roads in our area and therefore we do not hold any relevant information. Roads are the responsibility of Cumbria County Council as the Highways Authority.Therefore, it is possible that Cumbria County Council may hold some or all of the information you require. They can be contacted at Corporate Information Team, Lower Gaolyard, The Courts, Carlisle, CA3 8NA; Phone 01228 221234; Fax 01228 606706; Email foi-dp@cumbriacc.gov.uk . If you would like me to forward your request to them then do let me know.

F13/054 Public health funerals

 From February 2012 how many public health funerals has your organisation has performedThe names ( including maiden names), date of death, dates of birth and last known residence for the deceasedWhether next of kin have been locatedHas the estate, if any, been passed onto the Treasury Solicitor, Duchy of Cornwall/ Lancaster or in Scotland the QLTR and when was it has or will be sentThe estimated value of said estate

Our Bereavement Services section has advised that they are not aware of any such cases as described in the period stated. We therefore do not hold any relevant information to disclose in response to your request. Please note that further information on the disclosure of this information is available on our website at: http://www.allerdale.gov.uk/community-and-living/deaths-funerals-and-cremation/council-funerals.aspx  .

F13/055 Public health funerals

Can you please provide some information with regards to persons who have died with no known next of kin since 1 September 2012 to the date of your response.It would be greatly appreciated if you could include any cases that have been or will be sent to the Treasury Solicitor (or Duchy of Lancaster/Duchy of Cornwall, QLTR or National Ultimus Haeres) and any cases where the deceased died on or before 1 September 2012 but have recently come to attention for any reason. For each deceased persons please include the following information:1. First name & Surname2. Date of death and Date of birth3. Last known residence of the deceased4. Estimated value of estates5. Date on when the information was or will be sent to the Treasury Solicitor (or Duchy of Lancaster, Duchy of Cornwall, QLTR or National Ultimus Haeres)6. Name of persons responsible for sending this information to the Treasury Solicitor (or Duchy of Lancaster, Duchy of Cornwall, QLTR or National Ultimus Haeres)7. Who or which authority has reported this death to the council?8. Once a death has been reported, who is in charge of examining the estate of the deceased?9. What is the role of the Department of Work and Pensions if it is a pensioner who has died with no known next of kin?10. Who or which other authority do you send the details of the death?11. Apart from the council, Treasury Solicitor (or Duchy of Lancaster, Duchy of Cornwall, QLTR or National Ultimus Haeres) who else is notified of the death of the deceased with no known next of kin?12. Who is responsible for the deceased if he/she has died within the care of the NHS or a nursing home?

Our Bereavement Services section has advised that they are not aware of any such cases as described in the period stated. We therefore do not hold any relevant information to disclose in response to your request. Please note that further information on the disclosure of this information is available on our website at: http://www.allerdale.gov.uk/community-and-living/deaths-funerals-and-cremation/council-funerals.aspx  .

F13/056  

You asked:Under the Freedom of Information Act, please could you confirm:-1. The registration number of the Council's registered body with the Criminal Records Bureau or Disclosure and Barring Service as it is now called.2. The name of the registered body's Lead Countersignatory.3. The postal address for correspondence to the Lead Countersignatory.4. The email address for correspondence to the Lead Countersignatory.

Your request for information has now been considered and I am writing to advise you that the information you requested is being withheld under the Freedom of Information Act 2000. In accordance with The Act this letter acts as a Refusal Notice. It is considered that the public interest in withholding the information outweighs the public interest in disclosing it.

We can confirm that we are registered with the Disclosure and Barring Service and make CRB checks on individuals where appropriate to do so.However, we feel the specific information you have requested is exempt from disclosure under Section 31 (1)(a). This is where the disclosure of information is likely to prejudice the prevention or detection of crime. When we consider requests we take account of the principles of applicant and motive blind. Therefore, we have considered the implications of disclosing this information to the general public, rather than just you the specific requester - in short the implications of publishing this information on our website. With this in mind, we feel that disclosure of this information could result in fraudulent activity with serious consequences for the privacy of individuals. We therefore feel that this information is exempt under Section 31(1)(a) as it is possible that disclosure could prejudice the prevention of crime. As a qualified exemption we have considered the public interest test.On the one hand there is a public interest in the transparency of information held by the authority. However, there is also a public interest in the ability of the council being able to operate without risk of being the victim of fraudulent activity. There have been instances in the past whereby information disclosed as a result of the transparency agenda and Freedom of Information Act legislation, has been misused by fraudsters. Fake documents, for instance, have been sent from alleged suppliers notifying of a change of address for payments, leading to the fraudulent appropriation of funds. We feel that the information requested could be misused by individuals to attempt to fraudulently process CRB checks jeopardising our ability to work with the Vetting and Barring Scheme and potentially putting the privacy of individuals at risk. We therefore feel that in this instance the arguments which favour withholding the information outweigh those which favour disclosure.We can confirm that any enquiries on the vetting and barring scheme should be addressed to our legal department at Allerdale Borough Council, Allerdale House, Workington, Cumbria, CA14 3YJ.

F13/057 Benefits and under-occupancy of bedrooms

 1. How many households are under-occupying (or are believed to be under-occupying) their properties by one bedroom? Please exclude from the data any households that are exempt from the bedroom tax (e.g. pensioners).2. How many households are under-occupying (or are believed to be under-occupying) their properties by two or more bedrooms? Please exclude from the data any households that are exempt from the bedroom tax (e.g. pensioners).For both questions 1 and 2, please provide the data broken down as follows:a) under-occupying households in council housingb) under-occupying households in all social and affordable housing (including council housing) In this request, 'under-occupying' is defined as it is under the terms of the bedroom tax. The council may not have figures for both subsets (a and b) of each question. In this case, please provide what information you do hold.If any of the data is held by a housing association or similar external provider, please forward the relevant parts of this request on to them - Housing Benefit is administered by the local authority, so information on under-occupancy can be seen as being held by housing associations on behalf of the local authority for the purpose of ensuring the correct Housing Benefit is paid out by the local authority under the bedroom tax.

Our benefits section has advised the following information:

Total cases affected - 1,741

Cases reduced by 14% - 1,438

Cases reduced by 25% - 303

Total weekly shortfall - £23,886

Wkly Shortfall on 14% reduction cases - £17,313

Wkly Shortfall on 25% reduction cases - £6,573.33

In response to Questions (a) and (b): we do not hold any relevant information. The Council does not own any housing stock as these have all been transferred to housing associations who work in the area. You may be able to get some information in answer to your request from them. Their contact details can be found on our website at: http://www.allerdale.gov.uk/housing/finding-a-home/finding-a-home-to-rent/housing-associations/housing-associations-in-allerd.aspx  .

F13/058 Use of £500 spending data

I am currently preparing a paper on the impact of the publication of all local authority spending over £500 and am seeking background information on levels of use. I am seeking information on:The number of hits per month on the spending data since it was published until today. Any information on who is looking (e.g. are the hits internal or external?) and, if held, any information on the origin of the hits e.g. are viewers of the data members of the public, journalists, NGOs or business? How much it costs to publish the data Any other analysis or background data held by the authority e.g. reports on the costs, use or operation of the spending data initiative.

Response: Please find information in the response below. This is from our Google Analytics account for the number of pageviews on our website page: http://www.allerdale.gov.uk/council-and-democracy/council-budgets-and-spending/payments-over-%C2%A3500.aspx  . This goes back to October 2010 when we started providing the £500 spending. In recent months we have decided to provide details of all spending (subject to exemptions) so that people can be provided with more information.We do not hold any information on the type of person looking at the information. However, all the figures shown in the attachments represent external hits. I am aware of one enquiry as a result of the publication of this data, which came from a local individual. Also we do not hold any information on costs as we do not account for staff time. However, an estimate would be no more than a few hours a month.

F13/059 Foster care figures

You asked:1) I ask for a list of ALL authorised foster care companies who can place children into foster care/care.2) The amount paid to such companies for the placement of each child.3) How many children were placed into care during the last 6 years4) How much was paid to said companies5) Details of all and any relationships between foster care companies and council officials - ie relatives, friends, business associates.

I am writing to inform you Allerdale Borough Council does not have responsibility for foster care in our borough and therefore we do not hold the information requested. Foster care is the responsibility of Cumbria County Council.Therefore, it is possible that Cumbria County Council may hold some or all of the information you require. They can be contacted at Corporate Information Team, Lower Gaolyard, The Courts, Carlisle, CA3 8NA; Phone 01228 221234; Fax 01228 606706; Email foi-dp@cumbriacc.gov.uk . If you would like me to forward your request to them then do let me know.

F13/060 Criterion used in  Planning Policy

The National Planning Policy Framework, March 2012, states in Para. 47 that "Where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20% .... "Can you please say what criterion you use to identify "a record of persistent under delivery of housing."

Our planning policy section has advised that: "There is no clear criterion to define what constitutes 'a record of persistent under delivery of housing' as referred to in the National Planning Policy Framework (NPPF). Consequently, the issue has been the subject of intense debate. The prevailing consensus is that a where an LPA has failed to meet its housing target for more than two continuous years it would be a reasonable to assert that under delivery was persistent. In our view under delivery cannot be reasonably regarded as persistent unless there is at least two years worth of continuous evidence. A dip in the number of completions over a couple of years may be due to extraordinary factors - for example, a glut of outline applications at a particular point in time.Allerdale Borough Council has failed to meet its housing target, set out in the North West Regional Spatial Strategy (RSS), since 2003. Therefore it has demonstrated a persistent record of under delivery. As a result it is required to add a 20% buffer to its housing target, as required by Para 47 of the NPPF.

F13/061 Housing benefit

I would like to follow-up my previously submitted Freedom of Information request with the following additional questions.1. The number of weeks in a year that the council pays Housing Benefit to a full-year claimant (e.g. 52 weeks a year, 48 weeks a year etc) 2. The number of vacant one-bedroom properties that currently exist (or are likely to exist in April 2013) (a) in the local council housing stock and (b) in the social and affordable housing stock of local housing associations, excluding supported housing units 3. The number of one-bedroom properties (excluding void properties) that became vacant (a) in the local council housing stock and (b) in the social and affordable housing stock of local housing associations, during 2012 (or 2012/13 year-to-date, if a calendar year figure is unavailable). Where a property became vacant more than once during the year, please count each vacancy individually if possible 4. The figure for (3), but excluding supported housing units 5. A list of all ALMOs, Registered Social Landlords, Housing Associations and other social/affordable housing providers known to provide housing in the council areaI understand that we can only answer question one and five.

Response: I also understand that the amount paid to benefit claimants depends on the tenancy's terms and conditions. Where there are no free periods, we would pay over 52 weeks. Some housing associations provide free periods, where benefit is paid over lesser weeks.In answer to question five, a list of the housing associations in our area is available at: http://www.allerdale.gov.uk/housing/finding-a-home/finding-a-home-to-rent/housing-associations/housing-associations-in-allerd.aspx  .The Council does not own or administer any council housing. We therefore do not hold any information to respond to the other questions. You may like to contact the housing associations via the link shown who should be able to help you further.

F13/062 Public health funerals

Under the Freedom of Information Act 2000, I write to request the names of all Public Health Funerals carried out by your Authority between 1 March 2012 and the date of your response.Please supply the following information in relation to each such estate:-1) The full name of the deceased2) The date and place of the funeral or the date of death3) The approximate value of the estate4) Whether next-of-kin have been traced

Response: Our Bereavement Services section has advised that they are not aware of any such cases as described in the period stated. We therefore do not hold any relevant information to disclose in response to your request. Please note that further information on the disclosure of this information is available on our website at: http://www.allerdale.gov.uk/community-and-living/deaths-funerals-and-cremation/council-funerals.aspx  .

F13/063 Staff with powers of entry to private property

 Please provide me with the answers to the following questions: 1. The total number of people within the council who are granted the right to use powers of entry legislation to enter a private property as of the 1st January 2013 2. The number of people who have been disciplined for the misuse of these powers 3. Details of any disciplinary action taken in relation to Q2.I request that the period covered for questions 2 and 3 is 1st January 2009 to 31st December 2012.

Response to (1) 36

Response to (2) none

Response to (3) na

F13/064 Financial services systems

· For the complete suite of council financial services (transactional banking and investment), which *provider(s) does the Council currently use, and how many individual accounts are held with each listed financial services provider? (2010/11 and 2011/12 financial years). · How frequently are the various financial services procured, and when is the existing arrangement due to end (month/ year) - for each listed provider? · What was the average balance(s)/ cap on investment(s); of accounts held with each listed provider as at last audit? (for transactional & investment banking). · Please provide the specific procurement criteria and weighting that the council uses to assesses and procures financial services. · Detail if, and how, the procurement criteria, weighting, and assessment process has been reviewed and modified, to give effect to Best Value Guidance and the Public Services (Social Value) Act 2012 to maximize public socio-economic value via procurement.

Response below

F13/065 Information on Telecoms Contracts

Please can you provide contract, spend & product details on the telecom services.

Response below

F13/066 Information on telecoms contracts

A list of the models of the physical servers, storage devices, tape libraries, network switches and routers under support contracts; as well as the cost and duration of said contracts, with start and end dates and service level associated with the equipment. Could you also supply the names of the suppliers of aforementioned support services?

You asked about out telecoms contracts.

Our ICT service can confirm the following information.

The council uses:HP Servers Netcentrix 08/03/12 - 07/03/17 £33481.00 Legacy HP SAN Storage Included aboveHP Tape Libraries Included above NetApp SAN Storage Included aboveCisco Network Equipment Intrinsic 01/06/11 - 31/03/14 £8504.00 Servers are either supported internally, under manufacturers warranty (including extended carepack), or specific support contracts.

You also ask for the specific equipment models. However, we feel that this information is exempt from disclosure under Section 31(1), where disclosure of information would prejudice the prevention of crime. Our ICT service believes that disclosure of the specific server models could increase the risk to the security of the systems used by the council. When coming to this conclusion we have considered the impact of publishing this information on our website, not just giving it to the specific person who made the request. As a qualified exemption we have considered the public interest test. On the one there is an argument which favours the transparency of information to assess whether the Council is spending public money wisely. On the other hand, it is in the wider public interest for the integrity of the IT systems used by the Council to be upheld. As a result we feel, in this instance, that the arguments which favour disclosure are outweighed by those which favour withholding the information. Therefore the exemption provided by Section 31 (1) of the Freedom of Information Act is engaged.The person ultimately responsible for our ICT is Mr Michael Scott who can be contacted on michael.scott@allerdale.gov.uk  .

F13/067 Environmental Health inspection reports

Treats Cafe on Finkle Street in Workington.Please correspond with the following address: 26 Finkle St, Workington, CA14 2BB. I wish to request the previous Food Health & Hygiene inspections of Treats Cafe, including scores, inspector's notes and the suggestions that were made for improvement, from the last 5 inspections. Basically, as much information as you can give me from the last 5 inspections.

Response below

You will note that some information has been redacted. This has been done under the exemption provided by Section 40(2) and (3) of the Freedom of Information Act, Personal Information. Please see the attached document for more detail on the use of this exemption.

F13/068 Dog fouling fixed penalty notices

The amount of dog fouling at West Croft and Milburn Croft is absolutely appalling.I noticed in the Times and Star that, over the last few months, 10 fixed penalty notices were issued in Seaton.How many were issued in respect of West Croft and Milburn Croft?

Response: Our Community Services section has advised that no fixed penalties were issued in the areas of West Croft and Milburn Croft.

F13/069 Public health funerals

I would like information on people dying with no next of kin being known at the time of death from 1/11/12 to the day of your response to this request. If someone died before 1/11/12 but the case has only come to your attention since, could you please also include details, as follows: 1. Surnames and forenames or initials2. Dates of death3. Age at death or date of birth4. Place of birth5. Marital status6. Maiden surnames of married or widowed women7. Usual address at time of death8. Approx. value of their estate if known9. The date you sent information to the Treasury Solicitor (or, if in Lancashire, the Duchy of Lancaster, or, if in Cornwall, the Duchy of Cornwall), or confirmation that this action was not applicable.

Response: Our Bereavement Services section has advised that they are not aware of any such cases as described in the period stated. We therefore do not hold any relevant information to disclose in response to your request. Please note that further information on the disclosure of this information is available on our website at: http://www.allerdale.gov.uk/community-and-living/deaths-funerals-and-cremation/council-funerals.aspx  .

F13/070 NNDR credits on account

 1. Can you provide a list of remaining credits and also credits that have been written off by your Authority in respoect of Business Rates as at 01/01/2013 for companies as far back as your records allow.2. Can you provide a full list of commercial properties which are responsible for any Business Rates liability from December 2012 onwards.We appreciate that the information will not be provided where the Business Rates records are in the name of an individual.

Please find in the response below a list of credits in respect of business rates in response to the first question.In response to question two I understand that this information is available to you by other means. A list of the properties liable for business rates can be found on the Valuation Office website at www.voa.gov.uk . Use "Agent mode" to get to http://www.2010.voa.gov.uk/rli/en/advanced  where you can search by Billing Authority name.

F13/072 Benefits and under-occupancy of bedrooms

1. How many households has you local authority identified as being subject to the under-occupation housing benefit reduction? a) How many of these households have registered or requested for a transfer to smaller accommodation and how many are projected to have transferred before April, and during 2013/14? b) How many households will move to private sector accommodation, and what is the projected change in housing benefit expenditure as a result of these changes? c) What projections have been made of rent arrears arising from the under-occupation housing benefit reduction? d) What assessment has been made of the impact of Housing Association tenants in the area? 2. What assessment has been made of the availability and possible shortfall of suitable accommodation in the social sector for tenants requesting to downsize as a consequence of the under-occupation housing benefit reduction? 3. What assessment has been made of the impact of the projected rent arrears on your councils ability to build additional council homes?

Response: Our Benefits team has provided the table below which shows the estimated number of benefit claimants affected by the reduction in housing benefit and the total weekly shortfall of all these cases. Total

Total cases affected - 1,741

Cases reduced by 14% - 1,438

Cases reduced by 25% - 303

Total weekly shortfall - £23,886

Wkly Shortfall on 14% reduction cases - £17,313

Wkly Shortfall on 25% reduction cases - £6,573.33

As the Authority does not own any properties for council housing, we do not hold any information in relation to the other questions in your request. All housing provided through public funds is owned and administered by various housing associations, who may be able to help you. Their contact details can be found on our website at: http://www.allerdale.gov.uk/housing/finding-a-home/apply-for-housing/housing-associations-in-allerd.aspx  .

Downloadable Documents

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Microsoft Excel formatF13/005 - FOI response in Excel format33 Kb5 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/010 - FOI response in Excel format58 Kb8 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/011 - FOI response in Excel format25 Kb4 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/016 - FOI response in Excel format117 Kb17 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/018 - FOI response in Excel format34 Kb5 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/012 - FOI response in Excel format47 Kb7 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/021a - FOI response in Excel format78 Kb11 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/024 - FOI response in Excel format62 Kb9 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/024a - FOI response in Excel format62 Kb9 secs @ 56k, 0 secs @ 2mb
Adobe PDF format - download the viewerF13/024b - FOI response in PDF format121 Kb17 secs @ 56k, 0 secs @ 2mb
Microsoft Word formatF13/037 - FOI response in Word format45 Kb6 secs @ 56k, 0 secs @ 2mb
Microsoft Word formatF13/039 - FOI response in Word format809 Kb1 min 56 secs @ 56k, 3 secs @ 2mb
Microsoft Excel formatF13/040 - FOI response in Excel format33 Kb5 secs @ 56k, 0 secs @ 2mb
Adobe PDF format - download the viewerF13/046 - FOI response in PDF format16 Kb2 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/052 - FOI response in Excel format55 Kb8 secs @ 56k, 0 secs @ 2mb
Adobe PDF format - download the viewerF13/058 - FOI response in PDF format71 Kb10 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/058a - FOI response in Excel format21 Kb3 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/064 - FOI response in Excel format25 Kb4 secs @ 56k, 0 secs @ 2mb
Adobe PDF format - download the viewerF13/067 - FOI response in PDF format3696 Kb8 mins 48 secs @ 56k, 15 secs @ 2mb
Adobe PDF format - download the viewerF13/067a - FOI response in PDF format12 Kb2 secs @ 56k, 0 secs @ 2mb
Microsoft Excel formatF13/070 - FOI response in Excel format33 Kb5 secs @ 56k, 0 secs @ 2mb

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Allerdale Borough Council
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