York City Council wins property search battle
York City Council has successfully fended off a judicial review action by a property search company over its refusal to provide access to information on properties being marketed.
The case of Onesearch Direct Holdings Ltd (t/a Onesearch Direct) v City of York Council [2010] EWHC 590 was seen as a test case, with approximately one-third of local authorities not providing full access to unrefined property information.
OneSearch had challenged York’s published policy in relation to access and charges for information it holds about properties within its area.
The policy document said where it has a specific express duty to make information available to the public, either free or for a standard fee, then York would allow access to the relevant unrefined information or registers. In any other situation the council does not allow access to that information.
The council’s various departments have input all property information onto a single computer database, which can respond to any enquiry required of a search report or a Form CON 29R. The council relies on that database.
Where a request is made – even if just for access to one piece of unrefined information, the council responds with a full computer print-out. The computer is unable to respond to individual enquiries.
Where the council must provide the information, that is done for free or for a standard fee. However, all other requests are provided with the same full computer print-out and charged the same fee, which is calculated on a cost recovery basis.
OneSearch Direct argued that it was unlawful for the council after 6 April 2009 – when the Home Information Pack (Amendment) (No 3) Regulations 2008 came into force – to have a policy which does not allow the public, including property search companies, open access to its unrefined information.
As a result of the policy, property search companies have to purchase a final consumer-ready product from its local authority competitor at a price set by the council, which has a monopolistic position in relation to the unrefined data.
The High Court ruled that local authorities could lawfully have a policy of refusing access to unrefined information, and rejected OneSearch Direct’s claim that there was a sea-change on 6 April 2009.
Mr Justice Hickinbottom said: “The government has chosen to implement its policy in respect of access to unrefined property information without imposing any duty on local authorities. They made it clear in the consultation documents to which I have referred that they did not intend to impose any new obligation on authorities.”
The judge added: "The government has drawn back from seeking to impose an obligation on authorities to allow such access, at least at this stage. Nor in my judgement, is the council’s policy of refusing access to unrefined information contrary to the aims and purposes of statutory provisions.”
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