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17 November 2009
Council won’t reveal Boyd bill
Council tax payers in Perth and Kinross will not be told how much of their money has been spent rehousing and protecting the mother of tragic Dundee toddler Brandon Muir (writes Steven Bell).
The local authority said the information was covered by data protection law — and would only be made public if Heather Boyd (pictured right) gave her permission.

One campaign group today described the council’s position as “ridiculous” and accused officials of “hiding behind confidentiality and the Data Protection Act”.

It’s understood 24-year-old Boyd, who was cleared of killing the toddler, has lived at a number of addresses in the Perth and Kinross area. She was forced to quit a house in North Muirton last month after it was attacked by vandals.

Dundee City Council has already indicated, in response to a Freedom of Information inquiry by the Tele, that it has not incurred any outlay rehousing Boyd since she left the flat in the Douglas area of Dundee where the fatal blow to baby Brandon was inflicted.

However, Perth and Kinross Council has now taken the view that it does not have to answer the same inquiry because the information sought is “personal”.

Senior freedom of information officer Alistair Paul said, “The individual concerned has not given their consent to the information being disclosed to the person making the request.

“Complying with disclosing the information, and any other information which is likely to come into the possession of the person making the request, would lead to disclosing personal information relating to another individual who can be identified from that information.

“The release of this personal information would contravene data protection principles.”

The council had been asked how much had been spent rehousing and protecting Boyd — who was living under a different name — and for correspondence relating to her case.

Mr Paul said he had taken the view that the release of such information was “not in the public interest” and that disclosure could “endanger the physical or mental health or safety of an individual”.

“Perth and Kinross Council has a duty of care for the physical and mental health and safety of members of the public including its tenants,” continued Mr Paul.

“There is evidence that, were details of housing arrangements of an individual released, the individual could suffer adverse physical or mental effects ranging from verbal aggression to physical assault.

“Individuals who are aware that details relative to them have been released may suffer anxiety and stress.

“There is no public interest apparent in releasing housing arrangements specific to an individual. The public interest is held to be served by the council maintaining that duty of care for the health and safety of their tenants.”

Boyd’s then partner Robert Cunningham was convicted of culpable homicide of Brandon and jailed for 10 years.

Twenty-three-month-old Brandon spent his last hours in agony after being struck by Cunningham then dragged to a house party in Douglas where people were taking drugs.

The court heard that Boyd was abusing heroin and, on the day Brandon suffered his injuries, had gone with a friend to have sex with a man for money to fund her habit.

Two reviews into the circumstances surrounding the 23-month-old’s death cleared Dundee’s child protection services of responsibility for the tragedy.