FOI Disclosure Log

Customer Request Details

15 October 2019

Please can you email me a list of credits you currently hold on business rates accounts that are live and when the company has moved out of the premises, the below points is what I would like to request, also a list of all businesses that qualify for SBRR that haven"t yet applied for Small Business Rates Relief:

1. The name of the rate payer

2. The start date of the business rates account

3. If the account is still live or the date it ended

4. The full property address of the property with the credit on

5. The full amount of credit you hold for the business



East Herts Council Response

15 October 2019

Further to your request for Information. It is not possible to provide the Information you requested as it is covered by a Qualified Exemption and the Council considers that it is not in the Public Interest to release the Information.

The Council no longer publishes information about Business Rates accounts that currently have credit balances in response to Freedom Of Information requests.

Information in respect of credit balances is considered exempt under section 31(1)(a) of the Freedom of Information Act 2000 (prevention or detection of crime)

The Council holds this information but believes that its disclosure could result in fraudulent refund claims being made to the Council for these credit balances.

This follows a decision of the Information Commission dated 6 February 2017 in respect of a request made of Wandsworth Council in respect of a request for NNDR credit balances.  The decision can be read on the ICO website

Engaging section 31 requires a public interest test to be considered: there is a public interest in ensuring the transparency and efficiency of Council business, but there is wider public interest.

In favour of withholding the information as it is in the public interest to prevent fraudulent refund claims being made against the Council, and the cost that such fraud places on the public purse.

On this basis, the Council feels that the public interest in disclosing the information requested is outweighed by the public interest in preventing the risk of fraudulent claims being made.

 

In accordance with the Freedom of Information Act 2000 Section 17 this document acts as a Refusal Notice and the Information requested cannot be released.

 

With regard to the other data we publish NNDR data here: https://www.eastherts.gov.uk/businesses-support/business-rates/business-rates-liability

If you have any queries or complaint about the processing of your request please do not hesitate to contact me.

Further Information and Guidance is available from the Information Commissioner at:

Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone 01625 545 700

www.informationcommissioner.gov.uk

It is important that you include the above FOI reference number on all correspondence related to this request.

 

Thank you for your request.