Farm inspections in last 12 months (FOI-4749)
Dear ***** *****
Re: Freedom of Information Request.
Thank you for your request for information under the Freedom of Information Act 2000, received 4 November 2019. Your request has been considered and our response is in bold below.
You requested the following:
- How many farms in your jurisdiction have been inspected by your department on animal welfare grounds in the last 12 months and, in each case, what triggered the inspection (e.g. complaint from the public, complaint from another government department, complaint from the RSPCA, etc.)
- How many of those inspections led to legal action being taken against a farm.
The Council’s Response
The Council has one farm (Hackney City Farm) which is inspected annually by the contracted services from the City of London Government Vet.
We are unable to disclose the result of inspections, as this includes third party sensitive data and is exempt under Section 43 of the Freedom of Information Act 2000. This is also decision undertaken by the City of London that the report should not be released to a third party. Please see below the exemption applied.
The council has exempted this information under Section 43(2) of the Freedom of Information Act.
Section 43 (2) states that: information is exempt if its disclosure would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
Section 43 Commercial interests
Information is exempt information if its disclosure under this Act would, or would be likely to; prejudice the commercial interests of any person (including the public authority holding it).
In favour of disclosing the Information:
- To encourage transparency in the Council’s decision making processes
Maintaining the Exemption:
- The information is commercially sensitive and disclosure would be prejudicial to its own commercial interests
- The Council’s position in negotiations with the provider would be jeopardised if the results of the inspection is released to a third party
- The Council’s position in a competitive environment would be weakened by revealing sensitive information and would prejudice future tender processes
- Releasing this data/information would potentially cause harm to the contractor"s future marketing for business, as it also includes third party sensitive information
Balance of the the Public Interest Test
The information you requested is exempt from disclosure as the information is commercially sensitive and would not be disclosed to a third party.
This exemption is applicable, as we have considered the public interest test. It is felt that the public interest for withholding the information outweighs the public interest in releasing the information.
We can however report that there has been no issues, prosecutions or pending enforcement action.
Appeals & Complaints Procedure
If you are dissatisfied with this response and wish to appeal, please write to the Information Management Team and this will be dealt with through our Internal Review procedure.
Information Management Team - Governance
London Borough of Hackney
Hackney Service Centre
1 Hillman Street
London E8 1DY
Your request for an internal review should be submitted to us within 40 working days of receipt by you of this response. Any such request received after this time will only be considered at the discretion of the Council.
If you are still not satisfied following the Internal Review, you have a right to appeal to the Information Commissioner at the contact details provided below.
Information Commissioner"s Office
Telephone: 01625 545 700
Information Management Team
London Borough of Hackney