Homes England

The complainant has requested information from Homes England concerning the approval of a housing management agreement under section 27 of the Housing Act 1995. HE disclosed some information but withheld the remainder citing the following sections of the FOIA: 21 -information already available; 31 – law enforcement; 38 – health and safety; 40(2) – third party personal data and 42 – legal professional privilege. The complainant challenged the application of sections 31 and 40(2) only. The Commissioner’s decision is that Homes England has failed to demonstrate that section 31 is engaged, and that it is entitled to rely on section 40(2) for the withheld personal data. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the information withheld under section 31 of the FOIA in the document entitled RFI2414-IR-Annex A.pdf.