10 February 2023
Your request
I am writing to you under the Freedom of Information Act 2000 to request the following information from the Council. Please could you provide me with:
1. Does the Council deliver on-the-ground enforcement functions such as issuing fixed penalty notices for anti-social behaviour, littering and flytipping, and if so, how (directly, contracted out, etc.)?
2. Does the Council deal with abandoned and/or untaxed vehicles, if so, how?
3. Does the Council deal with unlawful encampments and traveller incursions, if so, how?
4. If yes to either 1, 2 or 3, does an enforcement strategy exist, and can this be provided?
5. In the last 5 financial years, how much has your authority recovered through Fixed Penalty Notices, fines and other actions as a result of enforcement action for these activities?
6. In the last 5 financial years, how much has been spent on delivering these enforcement activities (for ease, if these form the substantive part of a department or team's responsibilities, please provide its combined net revenue budget)?
7. Please provide any internal email correspondence and documents (including service reviews and committee reports) which relate to any consideration of reviewing expenditure on the aforementioned enforcement functions within the last 2 years.
Our response
ASB
1 - Please be advised that the only FPNs Lambeth Council issues for ASB are for breach of Public Space Protection Orders, however police officers and police community support officers are also empowered.
2/3 - NA
4 - Guidance on PSPOs can be found in the statutory guidance for the Anti-social behavior, Crime and Policing Act 2014.
5 - The below information only relates to Flytipping penalties issued by the team in Environmental Services; note this relates to income received and not penalties issued.
18/19 £59k
19/20 £74k
20/21 £50k
21/22 £123k
22/23 £76k To Dec
6 - Staff costs – we can only provide this information from 19/20. This is because we did not identify Enforcement Officers on the payroll prior to 2019/20 so we cannot separate out their costs.
19/20 £51k
20/21 £92k
21/22 £123k
22/23 £76k To Dec
7 We cannot comply with the request for internal email correspondence and documents (including service reviews and committee reports) which relate to any consideration of reviewing expenditure on the aforementioned enforcement functions within the last 2 years for flytipping, as we consider that it is manifestly unreasonable in accordance with Regulation 12 (4) (b) EIR.
We consider that this Regulation applies due to the amount of time it would take us to collate information to respond to the request and the burden the request places on our authority.
We note the Commissioner’s position, as explained by the East Devon District Council case at paragraph 17:-
The EIR differ from the FOIA in that no specific limit is set on the amount of work required by an authority to respond to a request as provided by section 12 of the FOIA. The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (the fees regulations) which apply in relation to section 12 of the FOIA are not directly relevant to the EIR - the cost limit and hourly rate set by the fees regulations do not apply in relation to environmental information. However, the Commissioner accepts that the fees regulations provide a useful starting point where the reason for citing regulation 12(4)(b) is the time and cost of a request but they are not a determining factor in assessing whether the exception applies.
The Fees Regulations used by FOIA explains that the Council can refuse to comply with a request if the cost of compliance will exceed the Appropriate Limit under section 12. The limit is currently set at £450 which is the equivalent to 18 hours at £25 per hour.
We can also consider the time it would take our team to review the information and apply any relevant exceptions, and note personal data would also have to be redacted as per below definition:
Regulation 13: Personal Data
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-
(2)“Personal data” means any information relating to an identified or identifiable living individual
(3)“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a)an identifier such as a name, an identification number, location data or an online identifier, or
(b)one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this request asks for information which would allow an individual(s) to be identified.
I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose information about their personal data including names and contact details as it could cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to various Council enforcement activities; I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
It is estimated that to search, retrieve and redact the information for this request would exceed the 18 hour limit.
Littering & Abandoned Vehicles
Yes. We have Lambeth Council Officers who issue Fixed Penalty Notices ( FPNs) and we also have a contract with APCOA to enforcement environmental offences. These Officers also issue FPNs.
Yes we deal with Abandoned Vehicles (ABVs). We have a dedicated ABV Officer who responds to reports from members of the public but also conducts proactive patrols to identify ABVs. There is a process for identifying and warning vehicles that are classed as abandoned. If vehicles remain after a warning, then we remove them to our Pound. We write to the registered keeper (if there is one) and if there is no reply we either destroy or auction the vehicle. Our processes are in line with Govt guidelines for Local Authorities on dealing with ABVs.
Abandoned vehicles: local authority responsibilities - GOV.UK (www.gov.uk)
Strategy is based on targeting hotspot locations of where most littering offences take place. It is also intelligence led and based on taskings when new localized issues arise
For littering Offences alone (Section 87 Environmental Protection Act 1990) in the last 5 years Lambeth Council has issued 42,436 FPNs, which has generated £4,463,950.
6. In the last 5 financial years, how much has been spent on delivering these enforcement activities (for ease, if these form the substantive part of a department or team's responsibilities, please provide its combined net revenue budget)?
£2,546.591.91 spent In the last 5 financial years on delivering these littering enforcement activities
There are no committee reports or service review documents. Environmental enforcement is a provision within the original contract and therefore anything included would be deemed operational and not requiring any committee reports.
Flytipping
Within the Waste enforcement (Environment Service) yes, we issue fixed penalty notice for fly tipping, and our enforcement officers are in-house.
With regards to this request for flytipping strategy, we confirm that we consider the information should be withheld as it is unfinished under Regulation 12(4)(d): Unfinished Documents as per below definition:
Regulation 12 (4)(d): Unfinished Documents
Regulation 12(4)(d) provides an exception to the duty to make environmental information available when the request relates to material which is still in the course of completion, unfinished documents or incomplete data.
As your request relates to a published strategy, we, we are still currently in the process of reviewing the relevant documentation. We consider it could be harmful to disclose information as to do so may undermine ongoing discussions and prevent the Council from being able to make a decision in a safe space. Disclosure could also have chilling effect on any future discussion about enforcement of flytipping strategy.
As this request relates to Environmental Information; we have also considered the public interest in disclosure/maintaining the exception.
Public Interest in Disclosure
We note Regulation 12(2) EIR has a presumption of disclosure.
We also consider that disclosure would increase the public’s understanding of this issue and we note the general benefit in transparency where possible.
Public Interest in maintaining the exception
It is important that we protect our decision-making process and premature disclosure may undermine the ongoing decisions we are making about flytipping enforcement strategy
It is in the public interest that the Council can make effective decisions and we consider that disclosure may undermine our ability to do so in this instance.
Also, we consider that disclosure at this stage may be confusing or misleading for the public which would not be in the public interest.
This response therefore acts as a refusal notice under regulation 14 of the Environmental Information Regulations.
In the last 5 financial years, how much has your authority recovered through Fixed Penalty Notices, fines and other actions as a result of enforcement action for these activities?
Within the Waste enforcement (Environment Service)
18/19 £59k
19/20 £74k
20/21 £50k
21/22 £123k
22/23 £76k To Dec
In the last 5 financial years, how much has been spent on delivering these enforcement activities (for ease, if these form the substantive part of a department or team's responsibilities, please provide its combined net revenue budget)?
Within the Waste enforcement (Environment Service)
19/20 £51k
20/21 £92k
21/22 £123k
22/23 £76k To Dec
We cannot comply with the request for internal email correspondence and documents (including service reviews and committee reports) which relate to any consideration of reviewing expenditure on the aforementioned enforcement functions within the last 2 years for flytipping, as we consider that it is manifestly unreasonable in accordance with Regulation 12 (4) (b) EIR.
We consider that this Regulation applies due to the amount of time it would take us to collate information to respond to the request and the burden the request places on our authority.
We note the Commissioner’s position, as explained by the East Devon District Council case at paragraph 17:-
The EIR differ from the FOIA in that no specific limit is set on the amount of work required by an authority to respond to a request as provided by section 12 of the FOIA. The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (the fees regulations) which apply in relation to section 12 of the FOIA are not directly relevant to the EIR - the cost limit and hourly rate set by the fees regulations do not apply in relation to environmental information. However, the Commissioner accepts that the fees regulations provide a useful starting point where the reason for citing regulation 12(4)(b) is the time and cost of a request but they are not a determining factor in assessing whether the exception applies.
The Fees Regulations used by FOIA explains that the Council can refuse to comply with a request if the cost of compliance will exceed the Appropriate Limit under section 12. The limit is currently set at £450 which is the equivalent to 18 hours at £25 per hour.
We can also consider the time it would take our team to review the information and apply any relevant exceptions, and note personal data would also have to be redacted as per below definition:
Regulation 13: Personal Data
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-
(2)“Personal data” means any information relating to an identified or identifiable living individual
(3)“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a)an identifier such as a name, an identification number, location data or an online identifier, or
(b)one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this request asks for information which would allow an individual(s) to be identified.
I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose information about their personal data including names and contact details as it could cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to various Council enforcement activities; I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
The service have searched for emails relating to their business as usual expenditure reviews. These would amount to a minimum of 480 emails covering the whole service area. Each would require review in order to ensure relevant information is provided and sensitive personal information redacted.
In addition to this, as part of the Council’s overall service review a search of emails between the Head of Service and HR has found that there is a minimum of 295 emails exchanged on the matter. These emails cover a wide range of services including Environmental Enforcement. Again, it would be time consuming to review all of the emails and attachments to ensure personal sensitive information is redacted. These include information on pay and shift allowances, revised job descriptions, job evaluations, applications for positions, interview notes etc.
It is estimated that to retrieve and redact the information for this request would take at least 3-5 minutes per record and there a minimum of 775 emails to examine and redact, giving a total of approximately at least 38.75 hours which exceeds the 18 hour limit.
Public Interest in Disclosure
We note that Regulation 12 (2) has a presumption of disclosure.
We also note that this matter is likely to be of interest to the local community.
Public Interest in maintaining the exception
We consider that compiling a response to this request would be a significant diversion of resources which would not be in the public interest as it may disrupt other decision-making or other workloads. It is not in the public interest to divert officer’s attention from their core work in order that we respond to a request made by one individual which may have limited wider public interest.
We consider overall that the public interest in maintaining the exception outweighs the public interest in disclosure.
Should you wish to redefine or shorten your request then please resubmit another request to us and we will consider if we can respond. For example, you may wish to limit your request to a certain document, or date. Please note this suggestion is provided as advice as per S16 of the Freedom of Information Act (duty to provide advice and assistance) and does not guarantee your requested information can be provided.
Unlawful encampments
- Does the Council deal with unlawful encampments and traveller incursions, if so, how?
Yes see attached and note personal data has been removed as we consider disclosure would breach the Data Protection Act 2018 and therefore engage Section 40(2): Personal Data to this part of the document.
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:
(2) “Personal data” means any information relating to an identified or identifiable living individual
(3) “Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a) an identifier such as a name, an identification number, location data or an online identifier, or
(b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this request asks for information which would allow an individual(s) to be identified.
I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose information about their contact details, as it could cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to this information request; I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
In accordance with Section 17 FOIA this letter represents a Refusal Notice for this request.
- If yes to either 1, 2 or 3, does an enforcement strategy exist, and can this be provided?
As above
- In the last 5 financial years, how much has your authority recovered through Fixed Penalty Notices, fines and other actions as a result of enforcement action for these activities?
None for the Parks Service
- In the last 5 financial years, how much has been spent on delivering these enforcement activities (for ease, if these form the substantive part of a department or team's responsibilities, please provide its combined net revenue budget)?
Zero
- Please provide any internal email correspondence and documents (including service reviews and committee reports) which relate to any consideration of reviewing expenditure on the aforementioned enforcement functions within the last 2 years.
None for the Parks Service.