26 November 2009

Mr S Hardwicke Carruthers

via email ([FOI #20982 email])

Your ref:

Our ref: CS/09/107/NJK/act

(Please quote our reference when contacting and, if using email,

please put the reference number in the email subject header)

If telephoning contact Hilary Pook on 020 7217 4734

or if using email send to [email address]

Dear Mr Hardwicke Carruthers

Request for information

You have asked the Commission to provide you with details of the contracts/grant arrangements that are in place for the following new areas of work by the Ombudsmen/CLAE:

1) Adult Self Funders

2) Health Social Care

3) Schools

The Commission does not have `contracts' to provide services. Its functions are determined by statute. Its grant arrangements are set out in the Grant Memorandum between the Commission and its sponsor department, Communities and Local Government (CLG). This document is part of our publication scheme and is available on our website www.lgo.org.uk.

You have also asked for copies of all correspondence between the CLAE/LGO and the sponsor departments related to service level agreements, staffing levels etc. There are no service level agreements and there is only one sponsor department, CLG. I refuse to provide you with copies of correspondence that has been exchanged between the Commission and government departments concerning the possible levels of funding for delivery of the services in these new areas of jurisdiction. The actual level of government funding that is provided to the Commission will be published in the Commission's accounts.

My grounds of refusal of providing you with the correspondence you requested are s36(2)(b)(ii) and (c) of the FOIA. I am a qualified person authorised under s36(5)(o)(iii) by the Secretary of State for Communities and Local Government. In my opinion the release of this information would prejudice the free and frank exchange of views or otherwise prejudice the effective conduct of public affairs. In my opinion there is a need to maintain confidentiality to enable frank exchanges to take place between the Commission and its sponsor department in order to arrive at an appropriate funding level. This need to agree appropriate funding for the services outweighs any public interest that would be advanced by publishing this information and risking prejudice to the negotiations. The public interest is best served by publishing the final outcome of the Commission's grant.

Appeal

That concludes my response. If you feel I have not dealt properly with your request, you have the right to appeal and, should you wish to do so, I can supply a copy of our internal complaints procedure. If you do request an internal review - can you please indicate why you are unhappy with my response. You also have the right to apply to the Information Commissioner to determine whether your request has been properly dealt with. You should note however that the Commissioner will not consider any complaint where you have not first exhausted our internal complaints process or where there has been undue delay in contacting him. You will be able to obtain further details of the Information Commissioner's role from the website on www.ico.gov.uk.

Yours sincerely

Deputy Chief Executive & Secretary

The official title of the Local Government Ombudsman service is

the Commission for Local Administration in England

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