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'LG ACT 1974 Part III, Section 32(3) notices'.
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9 October 2009
Mr T Nunn
Via email ([FOI #17797 email])
Our ref: CS/09/093/HJP
(Please quote our reference when contacting us)
If telephoning contact Hilary Pook on 020 7217 4734
or if using email send to: [email address]
Dear Mr Nunn
Request for information
In your email of 9 September you asked three questions:
How many s32(3) notices have been received by each Ombudsman's office
How many times has each Ombudsman asked the Secretary of State to lift a s32(3) notice
How many times has each Ombudsman found a council guilty of maladministration for misusing a s32(3) notice.
You asked for this information to be supplied by number and council.
We keep no separate record of this information, so the only way to obtain it would be to examine each complaint file. The Freedom of Information Act (section 44) does not override any restriction on the release of information covered by an earlier law. Such a restriction applies to the Ombudsman's complaint files. Under the Local Government Act 1974 (section 32(2)), the Ombudsman is not permitted to disclose any information obtained in the course of, or for the purposes of, the investigation of a complaint, unless he or she considers it is necessary for the purposes of the investigation (or for other very limited reasons mostly related to legal proceedings).
I have decided that releasing this information to you is not necessary for the purposes of an investigation and so I am not able to comply with your request.
That concludes my response. If you feel I have not dealt properly with your request, you have the right to appeal and, should you wish to do so, I can supply a copy our internal complaints procedure. If you do request an internal review - can you please indicate why you are unhappy with my response. You also have the right to apply to the Information Commissioner to determine whether your request has been properly dealt with. You should note however that the Commissioner will not consider any complaint where you have not first exhausted our internal complaints process or where there has been undue delay in contacting him. You will be able to obtain further details of the Information Commissioner's role from the website on www.ico.gov.uk.
Yours sincerely
Hilary Pook
Hilary Pook (Ms)
Communications and Records Manager
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