Mr Trevor R Nunn Date: 21^st January 2010

Email: [FOI #20426 email] Our ref: FOI.09.5278

Dear Mr Nunn

Freedom of Information Appeal with the ICO

I refer to your recent Freedom of Information request regarding 32(3) notices.

The Information Commissioner's office (ICO) has advised us to reply to you regarding your FOI appeal.

It has been concluded that this is not a matter we can answer accurately. We do not have a formal central record and our case records only exist for the last three years. It is estimated that we hold about 240 case files and given an average of 20 minutes per case would take at least 80 hours (11.5 days) to sift through. This far exceeds the cost threshold and our obligations of the Freedom of Information Act 2000.

Nonetheless, the Council's Monitoring Officer, Mr Brian T Scott has been in post for the last six years and is in a position to answer this request. Mr Scott is not aware of any findings of maladministration by the Local Government Ombudsman (LGA) in that period relating to a notice under section 32(3). He of course would be expected to know this. Nor is he aware of any statutory notices that have been served on the Council during that period, since he would be expected to sign the formal statutory notice.

I hope this reply answers your FOI request.

Information Commissioner's office (ICO)

Should you still remain dissatisfied with this response then I suggest you contact the Information Commissioner's office for further assistance.

If you have any further queries about this matter then please do not hesitate to contact me on the number below:

Yours sincerely

Marie Galloway

Records Management Team Leader

Records Management Team

Tel: 0191 424 6538

Email: [email address]