Melton Borough Council

My Account down for essential maintenance Saturday 19th January 2019

Due to routine maintenance My Account will be unavailable on Saturday 19th January 2019. We apologise for any inconvenience this may cause. Thank you for your patience.

Public health funerals

Freedom of Information requests and Public Health Funerals - non publication of the last known address

1. Where the property remains void after the death, the last known address information is exempt from disclosure under the Freedom of Information Act 2000 Section 31(1)(a) where disclosure would be likely to prejudice the prevention or detection of crime, as public knowledge of vacant domestic premises could reasonably be expected to be used to facilitate criminal activity at the vacant property. 

This follows the reasoning on non-disclosure of void domestic premises addresses in the First-Tier Tribunal Appeal Number EA/2011/0007 dated 22 January 2013, in which it was accepted that such addresses should not be disclosed under Section 31, overturning the previous Decision dated 2 September 2011 in favour of the appellant Mr Yiannis Voyias against the ICO and the London Borough of Camden.

2. Where the property has been reoccupied after the death, the new occupants have a right to a private and family life and security of correspondence under Article 8 ECHR, in Schedule 1 of the Human Rights Act 1998, and public authorities, including the Council, are required to give effect to the Convention Rights under Section 6 of that Act. This engages the exemption from disclosure in FOIA 2000 Section 44(1)(a) where disclosure would be prohibited under an enactment (HRA 1998), and would also be exempt from disclosure under FOIA 2000 Section 40(2) where the address would constitute personal data relating to the new occupants, and would therefore be exempt under Section 44(2)(a) as it would not constitute personal data relating to the requester, and under Section 44(2)(b) the request would satisfy the condition in Section 44(3)(a) where disclosure would contravene (i) any of the data protection principles, and (ii) Section 10 of the Data Protection Act 1998 (right to prevent processing likely to cause damage or distress).