FOI Director
Deflection · Two-tier councils

“It’s not us, it’s the county”: the two-tier deflection, and how to get past it

Ask a simple question about abandoned vehicles in the wrong part of England and you can watch it bounce between two councils indefinitely, each politely insisting the other holds the answer. It isn’t always obstruction, but it stops the moment someone knows how the responsibilities are actually split.

Here is a request that sounds trivial: how many abandoned vehicles were reported in your area last year, how many were removed, and what did it cost? In a single-tier authority (a unitary or metropolitan council), one body holds the whole answer and you get it.

In a two-tier area, the same question can vanish into a gap between two organisations.

The ping-pong

You send the request to the district or borough council. Back comes a version of: “We don’t hold this, you’ll need the county council.” So you ask the county. And back comes: “That’s a district responsibility, we don’t hold it.”

Now you’re stuck. Both replies are worded reasonably, and neither is obviously wrong. A requester who doesn’t know the structure has nowhere to go: the twenty working days run out, and the request stalls for good.

Two reasonable-sounding refusals, aimed in opposite directions, can be more effective at killing a request than a flat “no” ever would.

Why it happens

Some of it is genuine. In two-tier England, responsibilities really are divided, and abandoned vehicles sit awkwardly across that line. Removing an abandoned vehicle is generally a district or borough function (it falls under the Refuse Disposal (Amenity) Act 1978), while wider waste-disposal duties sit with the county as the waste disposal authority. So there is a real seam: the tier that removes the vehicle and the tier that ultimately disposes of it may not be the same, and each can truthfully say “that part isn’t ours.”

But a real seam is also a convenient place to deflect. “Not held, try the other authority” is quick to send, hard to challenge without inside knowledge, and it moves the burden back onto the requester. Whether it’s honest or handy, the effect on someone who doesn’t know the system is identical: no answer.

How you actually get the answer

The deflection only works on a requester who can be bounced. When you know the split, it collapses:

None of that requires being combative. It requires knowing, before you write a word, which tier holds which part of the job, and asking each one only for the part it actually holds.

A bulk-sent FOI request treats every council the same and takes both refusals at face value. We know the district and county split because we've worked inside these structures for years, so each authority gets asked only for the part it actually holds.
Councils here are described generically, and the legal outline is a plain-English summary, not legal advice. The exact split can vary by area and by how each authority is organised. The pattern, though, is one we see again and again in live campaigns.

Need data that spans two-tier councils?

We run Freedom of Information campaigns that account for how responsibilities are actually divided, so your request reaches the tier that holds the answer, and the deflections don’t work.

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