Freedom of information act question
Discussion
A while ago I had some some dealings with the council about running a business from my home. I am, but not in breach of council rules as the meeting we had concluded (the company is mail order custom car parts that mainly go direct from supplier to customer).
I asked in the meeting who had complained as I have also had fire brigade turn up for a bonfire (the firemen were here for ages looking at my cars before they left) in the garden as I thought it was getting tedious having the council/environmental people around for tea and biscuits but was brushed off with confidential etc when I pushed the harassment aspect they made a quick exit and I have not seen them again.
Anyway does the freedom of information act apply here to see who has been complaining?
Cheers
Dan
I asked in the meeting who had complained as I have also had fire brigade turn up for a bonfire (the firemen were here for ages looking at my cars before they left) in the garden as I thought it was getting tedious having the council/environmental people around for tea and biscuits but was brushed off with confidential etc when I pushed the harassment aspect they made a quick exit and I have not seen them again.
Anyway does the freedom of information act apply here to see who has been complaining?
Cheers
Dan
I'm not sure there's any expectation of or legislative anonymity for complainants to a local authority. Depending on the area concerned, there may be if there is a good reason to withhold the information.
If you are serious in that you believe you are being harassed, there are both criminal and civil remedies under the Harassment Act. In either case, my understanding is this would exempt the data from the Data Protection Act and would allow the LA to share it with you (or more likely the Police or your lawyer).
If you are serious in that you believe you are being harassed, there are both criminal and civil remedies under the Harassment Act. In either case, my understanding is this would exempt the data from the Data Protection Act and would allow the LA to share it with you (or more likely the Police or your lawyer).
Thanks for the reply 
I thought it might have been a bit easier than involving my legal team as they are on more pressing matters!! (Joke btw was gonna nudge the mrs to write a letter)
I'm not going to worry about seeking legal advice etc as tbh it's akin to hammering sausages - just meant to piss me off!!
I only thought about it because I've got a tree that I cut down and was going to burn it.
Cheers
I thought it might have been a bit easier than involving my legal team as they are on more pressing matters!! (Joke btw was gonna nudge the mrs to write a letter)I'm not going to worry about seeking legal advice etc as tbh it's akin to hammering sausages - just meant to piss me off!!
I only thought about it because I've got a tree that I cut down and was going to burn it.
Cheers
I've received another council letter yesterday arranging another visit due to "the material change of use of the land from dwelling to use as a breakers yard"
Having spoken to the person that sent the letter he has confirmed in his opinion that it is vexatious claim and has said that they have to follow up with a visit, but if I want I could send him a picture to save him a visit. I have asked him to make the visit to have a chat about the situation as he has lied at least twice before already.
Are there any options for me to follow this up and actually get anywhere with it as it has been going on for 8years and I have had enough of entertaining the accusations.
Cheers
Dan
Having spoken to the person that sent the letter he has confirmed in his opinion that it is vexatious claim and has said that they have to follow up with a visit, but if I want I could send him a picture to save him a visit. I have asked him to make the visit to have a chat about the situation as he has lied at least twice before already.
Are there any options for me to follow this up and actually get anywhere with it as it has been going on for 8years and I have had enough of entertaining the accusations.
Cheers
Dan
DanSaff said:
I've received another council letter yesterday arranging another visit due to "the material change of use of the land from dwelling to use as a breakers yard"
Having spoken to the person that sent the letter he has confirmed in his opinion that it is vexatious claim and has said that they have to follow up with a visit, but if I want I could send him a picture to save him a visit. I have asked him to make the visit to have a chat about the situation as he has lied at least twice before already.
Are there any options for me to follow this up and actually get anywhere with it as it has been going on for 8years and I have had enough of entertaining the accusations.
Cheers
Dan
Who lied? The council employee? You need to deal with the council, they need to deal with the complainant.Having spoken to the person that sent the letter he has confirmed in his opinion that it is vexatious claim and has said that they have to follow up with a visit, but if I want I could send him a picture to save him a visit. I have asked him to make the visit to have a chat about the situation as he has lied at least twice before already.
Are there any options for me to follow this up and actually get anywhere with it as it has been going on for 8years and I have had enough of entertaining the accusations.
Cheers
Dan
The ward counciller is useless - one morning the council dropped 4 big bins blocking off a road to through traffic, loads of people complained that there wasn't a reason for doing it etc and we should have been consulted but weren't so the removed the bin and there was a Proposal sent through to residents about some blocking and making some local roads one way which there was a 60% vote to leave the roads alone (there were 5 options to choose) and they still did what they wanted.
I know who is complaining, I want the 2 faced f
ker to get a some legal paper work to put him in his place and stop him bothering me.
He's actually worse than me with his dogs barking and snarling all day or loud music at night. I could complain but Tbh I've got better things to do and would rather just get on with my own stuff than spying on neighbours.
I know who is complaining, I want the 2 faced f
ker to get a some legal paper work to put him in his place and stop him bothering me. He's actually worse than me with his dogs barking and snarling all day or loud music at night. I could complain but Tbh I've got better things to do and would rather just get on with my own stuff than spying on neighbours.
!No the neighbour has lied, I have not got any info of what has been said to get them to visit me but each time the council visit they take no further action as I'm not doing anything wrong.
I'm concerened that if he fabricates a diary of noise etc I'm not going to have an "alibi" or proof to disprove claims.
From the moment I moved in he has been a good idiot! As I was unpacking the van and he decided to let me listen to his loud music he only lasted 10mins before he had to turn it down.
He realised he wasn't going to win when I brought my escort cosworth to its new home ?? and he has tried and tired to cause problems. His latest is putting speakers on the party wall.
To add - I've explained the situation to the council people and all they say is they have to investigate the complaint and when they have nothing seems to happen until the next one comes through the letter box
I'm concerened that if he fabricates a diary of noise etc I'm not going to have an "alibi" or proof to disprove claims.
From the moment I moved in he has been a good idiot! As I was unpacking the van and he decided to let me listen to his loud music he only lasted 10mins before he had to turn it down.
He realised he wasn't going to win when I brought my escort cosworth to its new home ?? and he has tried and tired to cause problems. His latest is putting speakers on the party wall.
To add - I've explained the situation to the council people and all they say is they have to investigate the complaint and when they have nothing seems to happen until the next one comes through the letter box
Edited by DanSaff on Thursday 5th February 10:34
Under the FOI act, any identifying information has to be redacted, before being sent to the person requesting it.
This means that members of staff who have received emails are able to have their names removed, the complainant is able to have their names removed, the people dealing with the case are able to have their names removed.
The exception to this, is where you already know this information, for instance, if you already know the name of the person dealing with your case, it can be allowed through the redaction process. If you know that someone more senior has reviewed the case, and know that persons name and contact details, then that too cannot be redacted.
However, if the person making the complaint has not already been made clear to you, then any FOI request will mean that their name and identifying information (address, phone number, email addresses etc) will be removed.
How do I know this? I have had to carry out this process for a serial complainer at the organisation I work for. We supplied 8 box files of documents showing everything we had on file about this person, and had to manually go through, and remove names, and identifying information. All within the 20 days specified in the act, and all for the princely sum of £10. It certainly cost more than that, as there were about 10 people working on it more or less full time, plus the cost of printing everything out, and in some cases, rephotocopying, so that they could not see the names through the paper where we had blacked or tipex'd out details.
This means that members of staff who have received emails are able to have their names removed, the complainant is able to have their names removed, the people dealing with the case are able to have their names removed.
The exception to this, is where you already know this information, for instance, if you already know the name of the person dealing with your case, it can be allowed through the redaction process. If you know that someone more senior has reviewed the case, and know that persons name and contact details, then that too cannot be redacted.
However, if the person making the complaint has not already been made clear to you, then any FOI request will mean that their name and identifying information (address, phone number, email addresses etc) will be removed.
How do I know this? I have had to carry out this process for a serial complainer at the organisation I work for. We supplied 8 box files of documents showing everything we had on file about this person, and had to manually go through, and remove names, and identifying information. All within the 20 days specified in the act, and all for the princely sum of £10. It certainly cost more than that, as there were about 10 people working on it more or less full time, plus the cost of printing everything out, and in some cases, rephotocopying, so that they could not see the names through the paper where we had blacked or tipex'd out details.
AndyNetwork said:
Under the FOI act, any identifying information has to be redacted, before being sent to the person requesting it.
Snip
details.
Thanks this info will definitely help Snip
details.
jesta1865 said:
start your own diary, if he is playing music loudly and leaving his dogs to bark all the time.
you could video or record it as well.
that way when the council turn up you will have something to show that it's all part of the harassment.
Thing is everybody makes noise, I don't mind if it works both ways but it's not I just want this person to be told to stop it as it's not getting him anywhere. you could video or record it as well.
that way when the council turn up you will have something to show that it's all part of the harassment.
Speaking from experience, I would tread very carefully with you local council. My local council got very childish with me last year and made false allegations that I had assaulted their housing officer all because I forced them to get their drug dealing tenants out of the house next to mine and made the lazy &""! wits do some work.
From experience, it's unusual for council departments to do any more than file a complaint that's made from one source. One neighbour and I ,individually, had years of a couple of neighbours from hell and their teenage kids causing problems. We both complained separately. I was a regular at local councillors surgeries, and even pursued it via a solicitor. It was the word of individuals against individuals. Then we joined forces and started to get action . We started to set up diary sheets and submitted them.
Noise is best pursued with a diary ,and lots of complaints. Even better if you can get someone to corroborate .pointless using your own recording equipment, as only calibrated council stuff is legal evidence, although if you can get a decent noise enforcement person ,and noise is present for a decent period, during the day , you might get a visit for evidence of your complaint.
Noise is best pursued with a diary ,and lots of complaints. Even better if you can get someone to corroborate .pointless using your own recording equipment, as only calibrated council stuff is legal evidence, although if you can get a decent noise enforcement person ,and noise is present for a decent period, during the day , you might get a visit for evidence of your complaint.
This seems the opposite of the thread about a guy complaining that his neighbour was pushing the planning permission regulations.
OP are you really squeaky clean here as mail order from supplier to customer and all you do us sit at a computer would hardly give any indication or cause for complaint.
And as others have said, what would you do if you knew? Intimidate them? Have a friendly conversation? You could have a friendly conversation with your neighbours anyway.
OP are you really squeaky clean here as mail order from supplier to customer and all you do us sit at a computer would hardly give any indication or cause for complaint.
And as others have said, what would you do if you knew? Intimidate them? Have a friendly conversation? You could have a friendly conversation with your neighbours anyway.
Jon1967x said:
This seems the opposite of the thread about a guy complaining that his neighbour was pushing the planning permission regulations.
OP are you really squeaky clean here as mail order from supplier to customer and all you do us sit at a computer would hardly give any indication or cause for complaint.
And as others have said, what would you do if you knew? Intimidate them? Have a friendly conversation? You could have a friendly conversation with your neighbours anyway.
To all the accusations I am, as all the previous visits have concluded to nfa. OP are you really squeaky clean here as mail order from supplier to customer and all you do us sit at a computer would hardly give any indication or cause for complaint.
And as others have said, what would you do if you knew? Intimidate them? Have a friendly conversation? You could have a friendly conversation with your neighbours anyway.
I don't sit in front of the comp I work on my 2 cars. I don't work on customers cars, I only do stuff on cars I'm obligated ie wife, brother and occasionally my dads. I'm not saying I'm perfect but I am respectful of the times I do stuff, I always stop at 5. My garden is a bit untidy which may piss people off but such is life.
If I wanted to fight him or I was that way inclined, I have had more than enough reasons to do the deed but it would make it worse.
No, what I would do is see if it's an excessive amount of unreasonable letters and pursue it legally. What if he complains to child services? And they open cases on my normal children because of claims made and they have to?
Anyway I have just had the visit from the council person, he has said doing nothing wrong, didn't even mention the stuff in the garden. Said he's happy to close the case. He also suggested the local councillor avenue so will look it to it.
He also said that it's reasonable to make noise uptil 8pm, which tbh I find disturbing, but if you have day job I what are you supposed to do. He also said that I'm allowed to work on mates cars!!! I said shame I don't have any mates lol!
Edited by DanSaff on Friday 6th February 11:17
DanSaff said:
Jon1967x said:
This seems the opposite of the thread about a guy complaining that his neighbour was pushing the planning permission regulations.
OP are you really squeaky clean here as mail order from supplier to customer and all you do us sit at a computer would hardly give any indication or cause for complaint.
And as others have said, what would you do if you knew? Intimidate them? Have a friendly conversation? You could have a friendly conversation with your neighbours anyway.
To all the accusations I am, as all the previous visits have concluded to nfa. OP are you really squeaky clean here as mail order from supplier to customer and all you do us sit at a computer would hardly give any indication or cause for complaint.
And as others have said, what would you do if you knew? Intimidate them? Have a friendly conversation? You could have a friendly conversation with your neighbours anyway.
I don't sit in front of the comp I work on my 2 cars. I don't work on customers cars, I only do stuff on cars I'm obligated ie wife, brother and occasionally my dads. I'm not saying I'm perfect but I am respectful of the times I do stuff, I always stop at 5. My garden is a bit untidy which may piss people off but such is life.
If I wanted to fight him or I was that way inclined, I have had more than enough reasons to do the deed but it would make it worse.
No, what I would do is see if it's an excessive amount of unreasonable letters and pursue it legally. What if he complains to child services? And they open cases on my normal children because of claims made and they have to?
Anyway I have just had the visit from the council person, he has said doing nothing wrong, didn't even mention the stuff in the garden. Said he's happy to close the case. He also suggested the local councillor avenue so will look it to it.
He also said that it's reasonable to make noise uptil 8pm, which tbh I find disturbing, but if you have day job I what are you supposed to do. He also said that I'm allowed to work on mates cars!!! I said shame I don't have any mates lol!
Edited by DanSaff on Friday 6th February 11:17
I would worry less about the children, it will be health and safety, VAT, and HMRC they get involved next. If you're going to run a business from home and you have neighbours who have an issue with that or with you, for whatever reason, threatening to sue will not help you one jot.
Jon1967x said:
I know what neighbours who are narrow minded and cocks are like - one called the fire brigade out because we were burning some garden waste in a 2 acre paddock while they on a one day strike (so emergency calls only). They stood, warmed their hands on the fire and had a cup of tea with us before heading back, I suspect if they hadn't been on strike they may have left more quickly.
I would worry less about the children, it will be health and safety, VAT, and HMRC they get involved next. If you're going to run a business from home and you have neighbours who have an issue with that or with you, for whatever reason, threatening to sue will not help you one jot.
I can do better than that - fire brigade in the evening then environmental health the next morning both didn't have issue with what I had done. I would worry less about the children, it will be health and safety, VAT, and HMRC they get involved next. If you're going to run a business from home and you have neighbours who have an issue with that or with you, for whatever reason, threatening to sue will not help you one jot.
Or digging up my own driveway and had environmental health come and threaten me with fly tipping fine if I didn't get a disposal notice.
Or planning coming around because it was reported I was building on the house and not the garage I had submitted and was part way through building.
This was all before I started running the business!!!! And there are other visits that I passed off as "normal" at the start.
If I shut the company down tomorrow, I would still have the cars and would continue what I'm doing.
Still I suppose it keeps things interesting.
Thanks for the info, I'll update the thread if anything exciting happens other than that..........
It's been emotional.
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