Date: 02 November 2009
My Ref: FOI/2009/0516/CLO
Contact: Emma Hearton
Direct dial: 01934 427390
Trevor R Nunn
Sent via email
Dear Mr Nunn,
Freedom of Information Act (2000) - Request for Information
I write following our acknowledgement letter, date 14 October 2009, reference FOI/2009/0516/ACK.
Further to your request, please see our response below:
(1) How many Local Government Act Part III Section 32(3) notices has your council served on a Local Government Ombudsman?
(3) How many times has the Ombudsman concerned found the council guilty of maladministration for misusing a Section 32(3) notice?
North Somerset Council's Customer Services department does not record the issue of these notices.
Customer Services have been managing LGO complaints since October 2007 and there have been none of these notices in that time. The Head of Legal and Democratic Services has also confirmed that he cannot recall any such notices for the period October 2004 - October 2007.
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In line with the Freedom of Information Act (2000) and the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, the Council reserves the right to charge for disbursements, such as photocopying and postage. However, on this occasion no fee will be charged.
Please note that the Freedom of Information Act only provides you with a right of access to recorded information. Any information subject to copyright will continue to be protected by the Copyright Designs and Patents Act (1998). This includes information which is copyright of the council. Disclosure of any information by the council to you does not provide you with any rights to use or distribute the information in breach of any copyright.
North Somerset Council now considers that it has complied with your request. However, you have a right to appeal if you are dissatisfied with our response. In the first instance you should address your appeal for a review of the response or our handling of your request to the Council's Audit, Risk & Information Manager, in writing at:
Mr Peter Rooney, Audit Risk & Information Manager, The Town Hall, Walliscote Grove Road, Weston-super-Mare, Somerset, BS23 1UJ.
If you are dissatisfied with the outcome of the Council's internal review, you have a further right of appeal to the Information Commissioner. You can request a review of the council's decisions by contacting:
The Information Commissioner, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.
Yours sincerely
Emma Hearton
FOI & DPA Support Assistant
North Somerset Council
Philip Hall
Director of Finance and Resources
Information, Communication and Technology Department
North Somerset Council
Town Hall
Weston-super-Mare
Somerset BS23 1UJ
www.n-somerset.gov.uk