Property query anti-social behaviour

  • Reference Number: 2560
  • Date released: 22 June 2010

Request

I am writing this message on the advice of Cheshire East anti-social behaviour officers advice. I have recently taken over the managing of a rental property XXXXXXXXXXXXXXXX where the tenant is a XXXX XXXX and family. XXXXX has lived at the address since 28/01/2005 and I understand from the Landlord and owner (XX XXXXX XXXXX) that there have been multiple instances of antisocial behaviour during the course of the tenancy.

I would appreciate it if you could enlighten me on any police incidents at this address during this time so that the tenants can be properly evaluated as to risk and appropriate managing actions implemented.

Response

In accordance with section 1(1) (a) of the Act our response is provided below;

I can confirm that the Cheshire Constabulary does hold information in relation to part of your request, the address and persons specified. I am unable to confirm that the information held relates to 'multiple instances of antisocial behaviour'.

Having now considered the information held I am not obliged to supply the information.

Section 17 of the Freedom of Information Act 2000 requires the Cheshire Constabulary, when refusing to provide such information (because the information is exempt) to provide you with a notice which a) states that fact, b) specifies the exemption in question and c) states (if that would not otherwise be apparent) why the exemption applies.

The information is exempt in accordance with:

Section 40(2) Personal data

The information you have requested is the personal data of third parties Section 40(2) refers to any information to which a request for information relates is also exempt information if

(a) it constitutes personal data which does not fall within subsection (1), and

(b) either the first or the second condition below is satisfied

(3) The first condition is:-

(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under this Act would contravene:-

(i) any of the data protection principles,

To disclose this information would breach principles one and two of the Data Protection Act 1998 and as such would be unlawful. This is an absolute exemption.

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