Lambeth Council has been formally censured by the Information Commissioner's Office and faces the prospect of High Court action after failing to properly disclose information to a resident regarding a contentious housing development proposal in the borough.
Information Commissioner's Office Issues Stern Warning
The Information Commissioner's Office has delivered a damning verdict against Lambeth Council following its investigation into how the local authority handled a Freedom of Information request concerning the potential redevelopment of Bellevue Garden Mansions in Stockwell. In a ruling published on December 17, the ICO revealed it could have pursued contempt of court proceedings against the council through the High Court but opted against this course due to the lengthy legal process involved.
Council's Failure to Comply with Legal Requirements
During its investigation, the ICO encountered significant problems with Lambeth Council's approach to information disclosure. The council failed to respond to a formal Information Notice within the legally required 30-day period, taking 48 days to provide a partial response. Furthermore, the council ignored subsequent attempts by the ICO to establish communication about the withheld information.
The ICO has now issued Lambeth Council with a strict 30-day deadline to disclose all information it has been withholding. Failure to comply within this timeframe could result in the matter being escalated to the High Court, where the council could face serious legal consequences for contempt of court.
Controversial Housing Development at Centre of Dispute
The information request that sparked this confrontation between resident and council concerned proposals from housing association Hyde Housing to demolish and regenerate a block of 10 Victorian terraces dating back to 1839 at Bellevue Garden Mansions on Clapham Road. The ambitious development plans would have resulted in the loss of a communal garden, a local nursery, and green space containing basketball courts heavily used by the Stockwell community.
Community Opposition and Resident Ballot
The proposals met with fierce opposition from local residents, culminating in a formal resident ballot that saw an overwhelming 76.3% of residents vote against the development plans. Following this decisive community rejection, Hyde Housing abandoned the controversial regeneration scheme, though questions about the council's involvement and decision-making processes remained unanswered.
Council's Problematic Handling of Information Request
The resident submitted their Freedom of Information request on November 28, 2024, seeking comprehensive details about the council's involvement with the proposed development. The request specifically asked for:
- All pre-application advice given by Lambeth Council to Hyde Housing
- Emails, letters, or meeting minutes between council officers and third-party representatives
- Records of any site visits by council officers
- Evidence of any initial plans, proposals, or concept designs
Lambeth Council responded on January 3, 2025, confirming it held relevant information but ultimately rejected the request, citing environmental and commercial exceptions. For two specific matters concerning environmental and heritage impact assessments, and correspondence with local resident groups, the council claimed it held no information whatsoever.
Internal Review Fails to Address Concerns
Following the resident's complaint and request for an internal review, the council upheld its original refusal on February 10, 2025. The resident noted that the wording of the internal review appeared identical to the original refusal notice and failed to address any of the specific points raised about information searches and potential redaction of sensitive material.
ICO Investigation Uncovers Further Issues
The Information Commissioner's Office became involved in July 2025, requesting copies of withheld information and legal arguments supporting the council's refusal. When the council failed to respond adequately, the ICO issued a formal Information Notice in September 2025. The council's eventual partial response provided some documents but failed to include legal arguments or explanations about why certain information supposedly didn't exist.
When the council eventually provided redacted documents to the resident, suspicions were raised because the emails only dated back to September 2024. Given that Hyde Housing has owned the site since 1999 and first informed residents of development plans in October 2023, the resident reasonably questioned whether earlier information was being deliberately withheld.
Resident Concerns About Transparency
A spokesperson for residents involved with the Freedom of Information request told the Local Democracy Reporting Service: "Lambeth Council seems to be avoiding this issue. They wouldn't even let us speak for three minutes at a recent council meeting. The original stock transfer document between Lambeth and Hyde Housing guaranteed that Hyde would maintain and repair Bellevue Garden Mansions until 2029, not demolish them."
ICO's Conclusive Findings
In its final determination, the Information Commissioner's Office found it entirely reasonable for the resident to question whether the council held information predating September 2024. The ICO concluded that "on the balance of probabilities, the council is likely to hold further information falling within the scope of the request."
Council's Response and Commitment
A spokesperson for Lambeth Council responded to the ICO ruling by stating: "We receive over 3,000 FoI requests every year, and we work hard to respond to all of these fully – in compliance with regulations and within statutory timescales. Where problems do arise, we are committed to resolving these swiftly and fairly." The council added that it would respond to the ICO report "in due course" and reiterated its commitment to openness and transparency in all its work.
The coming weeks will prove crucial for Lambeth Council as it faces the 30-day deadline to comply with the ICO's order. Failure to provide the requested information could result in unprecedented High Court action against a London local authority over Freedom of Information compliance failures.
