Campaigners win ruling in battle for council homes
CAMPAIGNERS opposed to the transfer of Neath Port Talbot and Swansea Valley council homes to a new landlord have welcomed a ruling that the authority incorrectly withheld information from them.
As the Post has previously reported, members of the local Defend Council Housing (DCH) campaign requested the addresses — but not the names — of council tenants so they could send them information ahead of the historic ballot on the future of council homes.
But the request was refused by the council on the grounds that, to release addresses for its tenants would breach data protection and human rights.
Following a complaint made to the Information Commissioner's Office, the body has ruled "that the public authority did not deal with the request for information in accordance with the Act".
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It also found "a number of procedural breaches" in the way the council handled the request.
Huw Pudner, of the DCH campaign, said: "The legal ruling by the Information Commissioner has revealed serious shortcomings in Neath Port Talbot Council."
He said that, "time and time again the council delayed and prevaricated" when it refused to provide the information that had been lawfully requested.
Last March 6,366 tenants voted in the ballot to decide the future of more than 9,000 council homes.
The council claimed transferring them to a social landlord was the best way of ensuring they were brought up to standards set by the Assembly.
A total of 3,600 tenants supported the transfer to not-for-profit landlord NPT Homes and 2,758 were against it.
Mr Pudner claimed the issue of the campaigners being denied information "undoubtedly had a bearing on the result".
He added: "The council was warned that it was abusing the democratic process but chose to carry on.
"It is now time for the council to halt its discredited stock transfer plan."
The Information Commissioner has given the council 35 days from the date of the decision notice to release the information requested to campaigners.
It said that failure to comply might result in the Commissioner writing to the High Court and might be dealt with as a contempt of court.
However, either party has the right to appeal against the decision notice.
A council spokeswoman said: "The council confirms that it has received a letter from the Information Commissioner and will respond within the deadlines stipulated."
emma.denholm@swwmedia,co.uk




Comments
by Anon., Neath
Thursday, January 27 2011, 9:14PM
“Democracy is not a watch word within this council as their latest attack on certain trade union members within the authority `who had a majority No vote against its workforce strategy shows. When the council could not get own way its councillors decided to pass a last minute proposal to introduce a bias voting system to discount these workers vote. As for Stock Transfer Staff were promised a much greater security on terms and jobs and here we are 2 weeks before the proposed transfer and several long service manual staff have already been told they would have to accept new terms and conditions or be made redundant at point of day 1 of Transfer(so much for T.U.P.E and Staff pledges) and up to 100 staff put at Risk because of the Organisational changes left behind with the council. Staff and Tennants alike were to told a pack of lies by this council. The only ones who will benefit from Transfer are the scores of Managment on Fat Cat wages who have just been employed to run the show.”
by Observer, Neath
Monday, January 24 2011, 11:13AM
“Not an expert but - given that it seems that the 'no transfer' campiagn had to fight without access to the tenants database - the ballot was unfairly skewed.
Can't see NPTC voluntarily re-running it but I reckon a High Court challenge (judicial review) on procedures (OK, expensive but you have to jump through the legal hoops) could well result in a rerun order from the court.
Its a larger version of the occasional election rerun where a candidate wins but there are issues of e.g. bogus voting etc.
Anyone who is a tenant could also apply to the Welsh Public Services Ombudsman as the council seem to have messed up big time by its refusal to give access to data it used for its own ends. You've got to show you've 'suffered a loss' but shouldn't be too difficult.
Bet the lawyers at NPTC are sweating today...”
by Paul Lynch, (Defend Council Housing)
Sunday, January 23 2011, 5:51PM
“SRJ, wales - you're obviously not aware that NPT Homes are promised MILLIONS in Public Subsidy...
I strongly suggest you take time to read the House of Commons Report before taking the stock transfer propaganda at face value:
http://www.support4councilhousing.org.uk/report/resources/HOCCHG_TimeToInvest.pdf”
by chris, Neath
Sunday, January 23 2011, 11:51AM
“There should be a re-ballot, which is very unlikely!
I would suspect that if there was to be a re-ballot the voting would now have a completely different outcome. Especially since NPT homes are now requesting that new contracts are to be issued from a secure tenancy contract to an assured tenancy contract.”
by Linda, Neath
Sunday, January 23 2011, 9:31AM
“SRJ Wales threats is all the Council have used since day 1 of this issue. So it is fine to give away in excess of 1 billion pounds of public assets according to you. The only alternative, which was promoted by NPT CBC and its highly paid consultants rather forcibly, is living in slum conditions. This is the very reason the addresses should have been forthcoming, so that a viable alternative could have been debated. It is a bit like the Yes vote isn't it, all those who seek to oppose do not know what they are doing and all those who promote have a vested interest. The scare stories promoted by NPT CBC and their employees and consultants were nothing short of blackmail and they seek to protect the vulnerability of their tenants, a joke.”
by SRJ, wales
Saturday, January 22 2011, 8:57PM
“I wonder whether if the vote had gone against the stock transfer would DCH have still persued this?? I think not.
Do DCH actually know the implications to residents throughout NPT if the stock transfer does not go through???
The LAs throughout the country are facing increasing financial pessures, however WAG have, in their wisdom insisted that MILLIONS are spent on counil housing to improve them. What would those who are not council tennants prefer .... let me think cuts to schools budgets, social care etc or the MINORITY of residents having their houses revamped to a higher specification than private houses, and still pay(if they do pay!) below market value rent.
I know what I would prefer!”
by linda, Neath
Saturday, January 22 2011, 5:05PM
“The new chair of NPT Homes who was a tenant at the time of the ballot and who was instrumental in persuading people in Port Talbot to vote Yes to the transfer has now been employed by NPT CBC. I thought there was a freeze on recruitment so would like to know how this happened. Funny again how this council took from 18th November until a few days ago, actually on the same day as the FOI ruling was received by them to answer a FOI request regarding the employment of the Chair of NPT Homes by this council. Guess what, they are refusing the release this information because it would breach the Chair of NPT Homes Data Protection rights. Sounds familiar doesn't it. Oh they took 6 weeks to acknowledge the FOI request also and this was only done after a complaint. As good King George said - something has to be done.”
by Paul Lynch, (Defend Council Housing)
Saturday, January 22 2011, 4:59PM
“First Minister Carwyn Jones recently quite rightly warned that if there was no properly constituted No campaign in the referendum on further assembly powers there could not be a publicly funded Yes campaign. Mr Jones was responding to a question from Plaid Cymru AM Helen Mary Jones, who said that without official Yes and No campaigns, electors in Wales would not have sufficient information about how they wished to vote in the poll.
With this in mind, I have written to the First Minister to draw a comparison to the controversial council housing stock transfer ballot in Neath Port Talbot.
Neath Port Talbot Council's stock transfer campaign was heavily funded with millions of pounds of public money and the Council were therefore typically able to mail tenants with an abundance of expensive glossy leaflets promoting stock transfer as the best option. Whereas, conversely, Defend Council Housing campaigners had no such public funding and were even unlawfully denied the addresses of tenants so the case against stock transfer could effectively be put to them before they were asked to vote in the ballot.
I have asked Carwyn Jones how can the housing ballot possibly be considered fair, balanced and democratic, and furthermore, following the legal ruling by the Information Commissioner, which states Neath Port Talbot Council was wrong when it refused to provide anti-stock transfer campaigners with its tenants¿ addresses, how can the Assembly sign off this multi-million pound deal of public assets knowing Neath Port Talbot Council conducted the ballot in such an undemocratic way?
As Leader of the Welsh Assembly Government I have requested he intervene before the Council hands over its housing stock in February and demand the Council at least re-ballot its tenants sometime after finally releasing the addresses of its tenants and the case against stock transfer - as consistently supported by the House of Commons Council Housing Group - has been put to them.”
by Ray Welsby, Clase Morriston
Saturday, January 22 2011, 3:10PM
“The same thing happened in Swansea, with the council refusing information, but the tenants defeated the council.
May be the High Court should take a good look at councils, and bring them to justice or order a police inquirey and then if found they have acted outside of the law prosecute the councillors and officers along with their advisors. Also may I wish "DCH" campaigners all the best”
by Benjamin, Tai Bach
Saturday, January 22 2011, 2:51PM
“DCH should question the legality of this vote on Human Rights grounds ---,deprivation of property rights ..by Public Authority ..Certainly in light of the non funded Referendum which allowed individual mailing of all voters..at Tax payers expense...Get a letter off even if the HIGH COURT has to compel NPT to disclose...
Perhaps the ex deputy Housing minister in Swansea could chip in a quid or two!!”