1 December 2008

xx October 2009

Mr Stuart Hardwicke Carruthers

[FOI #17624 email]

Our Ref: F0003359

Your Ref:

Dear Mr Carruthers,

FREEDOM OF INFORMATION: REQUEST FOR INTERNAL REVIEW

You wrote on 24 September 2009 seeking a review of the response provided by this Department also on 24 September 2009 to your request for information under the Freedom of Information Act 2000. Your letter has been passed to me to consider as a designated internal reviewer.

In your original request of 4 September you asked for:

copies of any guidance provided to the Commission for Local Administration in England (CLAE) and/or Local Commissioners by the Secretary of State and their Department that the CLAE and/or Local Commissioners can ignore legislation for which the Secretary of State and their Department are responsible, and/or reasons from the CLAE and/or Local Commissioners as to why they have ignored changes in their role;
information on when all statements of reasons since the PIHA was enacted shall be made available; and
information on the number of complaints where the Ombudsman has failed to complete an investigation by Council in England between 01 April 2008 and 31 March 2009.

Your reason for requesting this review relates to the grant arrangements between the Department and the Commission for Local Administration in England from which you infer that “the accounting officer must have identified issues and guidance” and that “there must have been `whistle blowing' to CLG by the Commissioners.. about failures in the CLA management arrangement”.

I take these comments to refer mainly to the first item in your original request. Having carried out a review of the papers I have found no evidence that any such guidance exists. As the Department's response of 24 September notes, the Secretary of State has no power to issue guidance to the CLAE. I conclude therefore that no such guidance was withheld from you.

In my opinion as review officer, having carried out the review, I conclude that the Department's response adequately and accurately addressed all aspects of your original request.

If you are not satisfied with my conclusion, you may write to the Information Commissioner asking him to decide whether Communities and Local Government has complied with its obligations under the FOI Act and Environmental Information Regulations. You should direct any such appeal to:

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone 01625 545 700

Email [email address]

Yours sincerely,

Anthea Nicholson