Our Ref: SS/CIGT/FOI 3432

Date: 4 November 2009

Mr Trevor Nunn

Via email

Email address:

Trevor R Nunn <[FOI #20125 email]>

Dear Mr Nunn

Freedom of Information Act 2000 - Request for Information

Further to original request for information as follows:

Over the last five years

(1) How many Local Government Act Part III Section 32(3) notices has your council served on a Local Government Ombudsman.

(2) How many times has the Ombudsman concerned found the council guilty of maladministration for misusing a Section 32(3) notice.

And your email query dated 16 October 2009, please see our response below.

Question

You don't record the fact that you have issued a statutory notice?

Is this the case for all statutory notices you issue or just section 32(3) notices. Is your monitoring officer aware of their constitutional and legal responsibilities?

Answer

Your original enquiry made specific reference to LGA Part III S32 (3) notices served on the Local Government Ombudsman and the subsequent response dealt specifically with this aspect.

S. 32 (3) of the LGA 1974 requires that local authorities may give notice in writing to a Local Government Ombudsman with respect to any information specified in the notice that in the authority's opinion, disclosure of the information that is subject to the notice would be contrary to the public interest.

Such a notice may be given to the Ombudsman during the course of an investigation more than once, depending on the nature of the investigation and the material the Ombudsman requests from an authority.

The Ombudsman's investigation remains private and confidential.

In the Council's view, the Act does not require any record to be maintained of the number of such notices served and therefore no record is kept.

If you are not satisfied with the response you may ask for an internal review. If subsequently you are not satisfied with the Council's decision you may apply to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at the following address:

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545745

Web Address: www.ico.gov.uk

Yours sincerely

Corporate Information Governance Team

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