Complaints, Reports or Referrals Fenestration Products

Request: Please provide, for the period 1 January 2015 to the date of your search:

1. The number of complaints, reports or referrals received relating to

fenestration products or installations (including windows, doors, and conservatories).



2. A count of any investigations, enforcement actions, or prosecutions arising from those complaints.

Any references within your records to

FENSA, BBA, BFRC, or other fenestration certification schemes.



3. If any complaints or referrals relating to Anglian Windows Ltd (or associated trading entities) originated outside your authority area and were referred to another Trading Standards service, please indicate the destination authority and, if held, the number of such cases.

 

I can confirm that the information requested is held by Lincolnshire County Council. I have detailed below the information that is being released to you. 

 1. Please see below table.  Note data is only held for 6 years.

2. Please see below table.  Note data is only held for 6 years.

3. The information you have requested is exempt from disclosure under section 44(1)(a) of the Freedom of Information act. This section states that information is exempt information if its disclosure (otherwise than under the FOI Act) by the public authority holding it is prohibited by or under any enactment.

In this case, the disclosure of information you have requested is prohibited from disclosure under part 9 of the Enterprise Act 2002. Section 237 of the Enterprise Act prohibits the disclosure of information which the council receives, which relates to the affairs of an individual or any business of an undertaking during the lifetime of the individual or whilst the undertaking continues to exist.  Section 245 of that Act makes it a criminal offence for any person to disclose relevant information in breach of this prohibition on disclosure.

The information you have requested is held as part of the Council’s functions under Part 8 of the Enterprise Act.

In reaching our decision, we have taken into account the decision of the First Tier Tribunal in the case of Malcolm Dey v the ICO and the Office of Fair Trading (EA/2006/0057).  In that case the Tribunal found that information about the number of complaints made against a company falls within the scope of the prohibition in the Enterprise Act.

Section 44 of the Freedom of Information Act is an absolute exemption. This means that the Council does not need to carry out a public interest test once we have established that the exemption is applies.