Housing associations are not subject to the FOI Act and can refuse to answer requests about fire risks, safety problems, eviction policies, waiting lists and other matters.
Examples of requests for information which housing authorities have refused include:
the cause of a fire in a housing association flat, requested by a neighbouring tenant [1]
whether potentially toxic lead pipes were used for the water supply to a property [2]
the amount of flytipped waste and litter collected from a housing association’s estates [3]
the number of repossession orders served since the ‘bedroom tax’ came into force, and the number of those tenants who had no arrears before that date [4]
the policy which permitted an association to pack up an evicted tenant’s possessions and confidential documents instead of allowing him to collect them [5]
the number of properties adapted for disabled persons (the requester said she wanted: ‘just the number, nothing else’) [6]
the number of asylum seekers housed [7]
the number of properties empty for more than 6 weeks [8]
the electricity bill which led a tenant to be charged £1,200 to cover the costs of 6 communal light bulbs [9]
the make and model of street lighting on an estate which the requester found ‘overpowering’ at night. He wanted to use the information to contact the manufacturer to see if they could suggest a remedy [10]
details of a contract for emptying septic tanks shared by a housing association and privately owned properties. The requester, a private owner, wanted to know the basis on which he was being charged [11]
the numbers of complaints about repairs [12]
the circumstances in which tenants have been given permission to sublet and action taken against those subletting without permission [13]
the policy on dealing with requests for an individual’s own personal information under the Data Protection Act and the relevant application form [14]
the job description of the housing association’s Head of Governance [15]
Such information is routinely disclosed by local authorities in response to FOI requests. Most of the above requests were made through the whatdotheyknow.com website and referred to the FOI Act. This prompted many housing associations to point out that the Act did not apply to them. This would not have prevented them releasing information voluntarily and the fact that they didn’t do so is revealing. Typical comments included: “We do not wish to reply to your enquiry as we are not subject to the FOIA legislation” (Midland Heart); “As Wirral Partnership Homes LTD does not fall under the Freedom of Information Act we are not obligated to respond to your enquiry”; “Great Places Housing Group is not a public body under the terms of the Freedom of Information Act and is not under any obligation to respond to requests made under this legislation”; “Our client is not subject to the Freedom of Information Act and is therefore not obliged to answer a request made under that Act” (solicitor for Genesis Housing Group to a person who had been evicted)