Key information
Request reference number: MGLA010223-8887
Date of response:
Summary of request
Your request
Affordable Homes Programme 2016 - 2023
- Provide a breakdown of how much was allocated to every London council in each of the years it has been operational.
- Provide how much (if any) of their allocation each council has given back to the GLA over the same period.
Right to Buy Ringfence Offer
- Can you confirm how much the GLA currently holds on behalf of each local authority?
- How much has each local authority has claimed to date in Right to Buy receipts and the value of any agreed projects under the programme?
Our response
We do hold information within the scope of your request.
Unfortunately, we have estimated that the cost of complying with your request for subsequent allocations in full, would exceed the 'appropriate limit' specified in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulation 2004. These are known as the ‘Fees Regulations’ for brevity.
Section 12 of the Act provides that a public authority is not obliged to comply with a request if the cost of determining whether we hold the information, locating and retrieving it and
extracting it from other information would exceed the appropriate limit. The aforementioned
Fees Regulations stipulate that this limit is £450; calculated at £25 per hour for every hour
spent on the activities described and equates to 18 hours of work.
We have estimated that it would take at least 18 hours of work to comply with your request as a significant amount of time would be needed to retrieve and extract the specific information you have requested from our records, including separating it from other information which is not directly related to your request.
The data records are contained within various Excel spreadsheets that have been administered by various individuals across these years and consolidating the data into a single data source would take a considerable amount of time. We would also need to factor in data validations and accuracy checks.
We have therefore refused this request under the cost limit provisions of section 12 of the
Freedom of Information Act 2000 and this letter therefore constitutes a refusal notice under section 17(1) of the Act.
Please note that we do not hold the information to establish our current allocation position. Due to the Covid-19 pandemic the AH 16-21 programme received a 2 year extension to deliver starts by March 2023. For allocations it is still a moving picture with providers asking for additional funding.
We have discussed ways you could bring your request within the cost threshold (for example by reducing the scope of your request to a smaller time frame), however, we believe that disclosure of subsequent allocations would be exempt from disclosure by virtue of section 43(2) Commercial interests of the Act.
The AH 16-21/23 programme is an active programme that is still being delivered and the delivery involves commercial negotiations which would be compromised should this information be in the public domain.
In relation to the second part of your request, we believe this information is exempt from
disclosure under Section 43(2) Commercial interests. Section 43(2) exempts information whose disclosure would, or would be likely to, prejudice the commercial interests of any legal person (an individual, a company, the public authority itself or any other legal entity).
The Right to Buy ringfence programme is also an active programme and at present we are in negotiations with the Department for Levelling Up, Housing and Communities (DLUHC) about changing the programme conditions.
As per the first part of your request, we are also in discussions with local authorities with the aim to review the grant funding sources on current projects to ensure the best value for money and outcomes for Londoners. Releasing the information requested will impact these commercial negotiations.
It is the GLA’s position that the third-party’s commercial interests would be prejudiced and/or would be likely to be prejudiced by the disclosure of the requested information. The exemption at section 43(2) is qualified, and therefore subject to a public interest test.
Even where a qualified exemption is engaged it can only be applied where the public interest in withholding information outweighs that in favour of releasing it.
In applying the public interest test the GLA have given careful consideration to the arguments for and against disclosure.
Arguments in Favour of Disclosure
- Promote accountability and transparency in relation to commercial transactions – there is a clear public interest in ensuring that commercial transactions are undertaken on a competitive commercial basis.
- Promoting understanding of GLA’s decisions – disclosure may promote understanding of the process and decision reached by the GLA.
- Generating confidence in integrity – disclosure may promote public confidence in the integrity of the procedures followed.
Arguments Against Disclosure
- There is a public interest in allowing public authorities to withhold information which if disclosed, would be prejudicial to individual negotiations. Disclosing information in relation to a funding allocation to one local authority would be likely to influence ongoing negotiations with other public authorities. This in turn would affect the GLA in being able to secure best value for money. Releasing the information requested will impact these commercial negotiations.
- It is not in the public interests for the GLA to place information into the public domain which would be prejudicial to the safeguarding for ‘live’ strategic projects.
If you have any further questions relating to this matter, please contact us, quoting
reference MGLA010223-8887.