Reference: RFI 2156
LG Act 1974 Part III Section 32(3) notices
Request:
How many Local Government Act Part III Section 32(3) notices has your council served on
a Local Government Ombudsman.
How many times has the Ombudsman concerned found the council guilty of
maladministration for misusing a Section 32(3) notice.
Response:
This request is refused under s12 (1) Freedom of Information Act 2000, since the cost of
complying would exceed the appropriate limit set out in the Freedom of Information and
Data Protection (Appropriate Limit and Fees) Regulations 2004. In assessing the cost of
complying, the costs attributable to officer time involved in complying have been taken into
account. Such costs are limited to £450.00, which equates to eighteen hours of officer
time.
The reason for this is that staff would have to search through 298 case files to establish
how many times the Section 32 exemption has been used, in order to identify the
information requested.
In the last 5 years on all cases North Tyneside Council has only had 2 findings of
maladministration, none of these were for misuse of a Section 32 exemption.
The information supplied to you is owned by the council unless otherwise stated and may be protected by
copyright. You are free to use it for your own purposes, including any non-commercial research or for the
purposes of news reporting. Any other re-use of a commercial nature will require the permission of the
Council. Further enquiries in this respect should be directed to Head of Legal Services, North Tyneside
Council, Quadrant The Silver Link North, Cobalt Business Park, North Tyneside, NE27 0BY
Date:
19 Oct. 09
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