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'LG Act 1974 Part III Section 32(3) notices'.
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Borough Solicitor Francis Fernandes LLM; LLB; MBA; LARTPI |
Information Governance The Guildhall St Giles Square Northampton NN1 1DE
Tel: (01604) 838536 Fax: (01604) 837057 Minicom: (01604) 838970 DX 703139 Northampton 6 |
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Mr T Nunn
Email [FOI #20340 email]
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Ref No: |
NBC1023-1403 |
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Officer: |
David Taylor |
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Tel: |
01604 838536 |
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Email: |
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Date: |
5th November 2009 |
Dear Mr Nunn
Information Request NBC1023-1403
In response to your request regarding
The number of times the Council served a s32(3) (Law of defamation, and disclosure of information) of the Local Government Act 1974 Part III on the Local Government Ombudsman (LGO)
The Council has not formally used section s32(3). However, the Council has occasionally asked the LGO that some correspondence provided is kept confidential and should not be disclosed to the complainant. These instances are not recorded therefore no information is held and the Council is unable to proceed with this part of your request.
The number of times the LGO found the Council guilty of maladministration over the last five years.
The Council has already provided to you under disclosure NBC780-1046 dated 30th January 2009 the information from 2005-2008 regarding maladministration. The LGO publishes the annual review letters which detail maladministration on their website. Section 21(1) of the FOI Act stipulates “…Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.” As this information is already publicly available and reasonably accessible to you the Council has not obligation to provide additional copies of the information.
To assist you locate this information now, and without the need to use FOI in the future to gather this information from Northampton Borough Council (or any other Council), you can follow the link below to the LGO website where you can access the information without charge.
The disclosure to you of the enclosed information does not give you a right to reproduce or publish such information without the express permission of Northampton Borough Council or any other owners of the copyright therein. To do so you will need a licence under the `Reuse of Public Sector Information Regulations 2005'.
If you consider the Council has not provided the information you have requested you have the right to challenge that decision in respect of your information request within 6 months.
Please write to:
Information Access Challenges
Northampton Borough Council
The Guildhall
St Giles Square
Northampton NN1 1DE
Or email: [email address]
If your challenge is not resolved to your complete satisfaction, you will then have the right to complain to the Information Commissioner.
If you feel your request has been handled unfairly you should, in the first instance, complain using the Council's Customer Feedback form and address it to the department you have been dealing with. The Council's Complaints procedure (a full copy of which is available on the internet, from any Council reception or by telephoning or writing to the Council's Complaints Co-ordinator) will then be used to try and resolve your complaint.
Yours sincerely
Mr D J Taylor
Freedom of Information Officer
Senior Information Governance Officer
Borough Solicitor's Department
www.northampton.gov.uk
