Section 21 - Information accessible to applicant by other means
Information relating to Public Health funerals is refused under section 21 of the Freedom of Information Act 2000 (FOIA). This information is already published here:
Community Funerals | North Tyneside Council
Section 22 - information intended for future publication
We also believe that the information is exempt under Section 22 of the FOIA as it is information that we hold with the intention of publishing at some future, pre-scheduled date.
While there may be times when information is requested outside this publication cycle, we believe that providing that information could potentially impact on the quality and accuracy of the data and not allow for the information to be thoroughly checked in the normal process of checking. Therefore, the Authority considers that the arguments in favour of maintaining the exemption outweigh the arguments in favour of disclosing it.
Estates referred to the Treasury Solicitor
When someone dies, the money, property, and belongings they leave behind are called their 'estate'.
If we arrange someone's funeral, their estate is used to pay for it.
If there's any value left in their estate after the funeral has been paid for, and they did not have a will or any next of kin, we'll refer the estate to the Treasury Solicitor.
The Treasury Solicitor looks after the estates of people who die 'intestate' (without leaving a will) and without next of kin.
The Treasury Solicitor administers the estate of the deceased person and publishes such cases, including some of the details of the deceased person, on their website. All information that would be disclosed by the council in response to a Freedom of Information request regarding a deceased person is available from the Treasury Solicitor's website.
Section 31(1)(a) Law Enforcement- prevention and detection of crime
Under section 31(1)(a) of the FOIA, an exemption applies where disclosure would be likely to prejudice an investigation, such as those concerned with the prevention and detection of crime.
Disclosure of information on the assets of deceased individuals before steps have been taken by the Treasury Solicitor to secure these assets would provide an opportunity for criminal acts to be committed, including theft and identity fraud. It could interfere with the statutory function to collect bona vacantia (ownerless goods) vested in the Crown.
Information Commissioner Decision Notice FS50586033 found that 31(1)(a) FOIA – Law enforcement was appropriately applied in a similar request for information from Barnsley Metropolitan District Council.
Section 40 (2) - Personal Data
We do not provide information about the last known address of the deceased person on the basis that the information is exempt under Section 40(2) of the FOIA. Disclosure of addresses may affect living individuals and contravene the first principle of the Data Protection Act 2018, which requires that personal data be processed fairly and lawfully by the council. Living individuals currently residing at the address where the deceased person lived would not expect their personal data to be made available publicly without their consent.
Section 40 of the FOIA provides an absolute exemption where disclosure of personal data about individuals would contravene any of the principles set out in the Data Protection Act 2018. Therefore; there is no requirement to consider the public interest in disclosure.
Right of review
You have the right to a review of the Authority decision; however, the Authority last reviewed its position in February 2026. The Authority will review this position annually.
If you have made a Freedom of Information request to the Authority and you are unhappy with the initial response you may request an internal review within two months of the response by contacting, FOI.Officer@northtyneside.gov.uk please quote your FOI reference number.
If you are not satisfied with the response, you may contact the information Commissioner’s Office at www.ico.org.uk or via post below:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113