FOI Request - Review of 101003961308 EPC Governance and Data Reliance
Request 101003979199
Review of 101003961308 EPC Governance and Data Reliance
Thank you for your response dated 9 April 2026 and for providing the requested information.
Having reviewed the content carefully, I must raise a number of concerns and request further clarification on several points, as the response appears to contain inconsistencies and raises significant governance and housing standards issues.
Firstly, with regard to Question 3, the reported figures of 651, 1, and 1 properties with low EPC ratings across consecutive years are not credible on their face. A reduction of this magnitude would imply either an unprecedented improvement programme or a change in methodology. Please therefore clarify:
The exact EPC rating thresholds used in each year
Whether these figures represent total stock or newly identified properties.
Whether any changes in data collection or classification have occurred Secondly, your response to Question 5 confirms that there is “no internal QA” of EPC surveys, with full reliance placed on external contractors.
This raises serious concerns regarding oversight, data accuracy, and governance. Please confirm:
What mechanisms, if any, are in place to audit or validate external surveyors Whether any form of quality assurance, spot-checking, or contract monitoring is undertaken
How the Council satisfies itself that EPC data used for policy and rent setting purposes is reliable
Thirdly, the response to Question 6(a) is particularly concerning. It confirms that Moray Council is aware that some properties fall below recommended energy efficiency standards, yet instead of prioritising remedial action, a rent discount is applied. This appears to amount to a policy position whereby tenants are knowingly housed in substandard conditions with financial compensation in place of timely improvement.
Please clarify:
What criteria determine when a property is considered sufficiently substandard to warrant a discount
What timelines exist for carrying out improvement works
Whether any risk assessments are undertaken in relation to tenant health and wellbeing in these properties
How this approach aligns with the Council’s statutory duties in relation to housing standards and tenant safety
Finally, in relation to Question 4, you have stated that the information is “not held” under Section 17 of the Freedom of Information (Scotland) Act 2002. Given the Council’s responsibilities in managing housing stock and energy efficiency compliance, it is difficult to understand how such information would not be recorded or retrievable.
Please therefore confirm:
What systems are used to store housing and EPC-related data
Whether any related or partially relevant data is held that could fulfil the request
Why such information is not recorded, and whether this reflects a gap in data management practices
Given the seriousness of the issues identified above, I would ask that this request be treated with appropriate priority. I also reserve the right to seek a formal review and escalate the matter should the clarification provided be insufficient.
I look forward to your response.
Additional questions received 14/04/206:
Thank you for providing the response.
I note the information provided; however, I would be grateful for clarification on several points arising from your reply.
In particular:
• You have confirmed that 651 EPCs have been replaced or superseded. Could you clarify the primary reasons for this level of replacement activity, given that no audit outcome data is held?
• You have stated that information relating to non-compliance categories is not held. Given that EPCs are relied upon for housing management and rent-setting purposes, could you confirm how the Council gains assurance as to the reliability of EPC data in the absence of recorded audit outcomes or internal QA processes?
• You have confirmed that no internal quality assurance or verification process exists. Could you clarify what governance or assurance framework is in place to mitigate the risk of inaccurate
• In relation to tenant notification, I note that communication appears linked to rent adjustments. Could you confirm whether tenants are notified where an EPC is found to be inaccurate or replaced, but where no immediate rent change occurs?
These points are important to understanding how EPC data is governed and relied upon across the housing stock.
I would appreciate your clarification.