27 October 2009

Mr G Cant

Via email ([FOI #18831 email])

Our ref: CS/09/102/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 Cant

Request for information

In your email of 30 September and your follow-up email of 13 October you asked:

In response to question (1), I attach a table of figures which shows the number of comebacks and the decisions made on them.

In response to question (2), I cannot release this information to you. The information you have requested forms part of the contents of complaint files. Although the public do have rights to see information held by public bodies under the Freedom of Information Act, this 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). Releasing this information to you is not necessary for the purposes of the investigation and so I am not able to comply with your request.

With regard to question (3), if the Ombudsman finds evidence to suggest that documents provided by the complainant have been falsified or edited, this could lead to a decision to discontinue the investigation of their complaint. But as this is a hypothetical situation, I cannot give you a definitive answer - it would depend on the circumstances of the case.

/…

If the Ombudsman found that documents provided by the authority had been falsified or edited, this could contribute to a finding of maladministration but again, as this is a hypothetical situation, I cannot give you a definitive answer - it would depend on the circumstances of the case.

If information is unreasonably withheld, the Ombudsman has the same powers as the High Court to obtain it - see section 29 of the Local Government Act 1974.

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

LGO 01 (03/08)