Capsticks is delighted to have advised Poplar HARCA on a successful appeal against the Information Commissioner’s Office. The Upper Tribunal has recently given its judgment in Information Commissioner v Poplar HARCA that as Private Registered Provider of Social Housing Poplar HARCA is not subject to the Environmental Information Regulations 2004 (“EIRs”), and therefore is not required to respond to EIR requests made of it.

The case is particularly important for Private Registered Providers in terms of protecting their latitude to operate with the information they hold, and avoiding an unnecessary regulatory burden. 

Capsticks is delighted to have advised Poplar HARCA on a successful appeal against the Information Commissioner’s Office. The Upper Tribunal has recently given its judgment in Information Commissioner v Poplar HARCA that as Private Registered Provider of Social Housing, Poplar HARCA is not subject to the Environmental Information Regulations 2004 (“EIRs”), and therefore is not required to respond to EIR requests made of it.

The case is particularly important for Private Registered Providers in terms of protecting their latitude to operate with the information they hold, and avoiding an unnecessary regulatory burden. The Government has previously said it does not intend to change freedom of information laws to bring housing associations in scope in England and Wales, and the Upper Tribunal decision reinforces that position in respect of the EIRs. 

Capsticks advised Poplar HARCA throughout the appeal process, instructing specialist information law barrister Rupert Paines. The decision provides welcome clarity on the scope of information law obligations for the sector.

Capsticks advised Poplar HARCA throughout the appeal process, instructing specialist information law barrister Rupert Paines. The decision provides welcome clarity on the scope of information law obligations for the sector.

Commenting on the appeal, Andrea Baker, Director of Housing and Corporate Services at Poplar HARCA, said: “This is an important decision. There is now certainty as to RPs’ status. Like the ICO, we are keen that information is made available.  However, the whole sector would have experienced the significant adverse impact had the ICO’s original decision not been challenged.  I’m very grateful to the exceptional Capsticks team for guiding us safely through this complex matter.”

The case was led by Kate Dimes Letters, Senior Lawyer, and Andrew Latham, Associate at Capsticks. Andrew commented:

“We were really pleased to be able to advise Poplar HARCA in this appeal, and with the clarity of the Upper Tribunal’s judgment. This outcome is the product of a real team effort over the past two years, with the complex legal argument made clearly by our counsel, and brilliant support from Andrea and the team at Poplar HARCA.”

Capsticks offers a full-service solution to housing providers, ranging from development and regeneration advice to housing management issues and information law matters, including as data protection, freedom of information, privacy and confidentiality issues across transactional, regulatory, litigated and advisory matters.