Our Ref: A/LP/FOI622

Your Ref:

Please Contact: Mrs L J Parton

Direct Dial: 01625 504215

Fax: 01625 504203

E-Mail: [email address]

Date: 11 November 2008

By email: [FOI #2114 email]

Dear Mr Carruthers

FREEDOM OF INFORMATION REQUEST NO 622

Thank you for your enquiry in which you request information on a variety of council functions. Annie Moss, Legal Services, responded to you on 17 October 2008 explaining that the Council had only that day been made aware of your request under the Freedom of Information Act through "whatdotheyknow.com".

Unfortunately, as explained, we had not received your email of 23 August and the reminder of 28 September, along with another separate FOI request, which we subsequently identified had been filtered as spam by our IT systems and so unfortunately did not get through the email system.

I will answer each of your questions in turn below, in the order as set out in your email:

I would like to know the average proportion of time the elected representatives of your authority spend as part of their duties for 2005/2006, 2006/2007 and 2007/2008 on their main activities. The activities that form their duties (employment) as an elected representative are:

1 directly resolving complaints against the executive (Council Staff) of the Council by residents; 2 sitting on committee's; 3 acting for the political parties that they represent and/or ceremonial duties (i.e. all time not spent on sitting on a Committee or resolving a complaint against the executive);

The total time spent by an elected representative for a Council on these three activities should be 100 per cent of the time they spend 'working for a Council' as an elected representative.

Elected Members do not `work for the council' on the same terms as employees, consequently, the council does not keep records of the proportion of time they spend on their duties as Councillors. However, details of the Council's timetable of meetings and copies of the minutes of such meetings are available on the Council's website, as are the details of the membership of each Committee.

Cont/d

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I would additionally like to know how much in total was paid to local councillors to meet all their duties (including expenses) for 2005/2006, 2006/2007 and 2007/2008 by your authority, and how many Elected representatives are (and were) represented on your authority for these years.

Total payments to Councillors:-

Total number of Councillors 60

I would also like to know how many Complaints in total were submitted to your Council in 2005/2006, 2006/2007 and 2007/2008 for each year. I would further like to know how many of these complaints were formally considered by an elected representative for each of these years.

I would further like to know how many complaints against the Executive (Council staff) led to the elected representatives formally identifying that the Executive had acted wrongly for the years 2005/2006, 2006/2007 and 2007/2008, and how many of these formal determinations by the elected representatives identify that there was no wrong-doing by the Executive. How many staff employed by your authority in 2005/2006, 2006/2007 and 2007/2008 ceased to be employed by your authority as a direct result of a complaint against the Executive, and the Councillors identifying this to be the case.

Total number of complaints

2005/06 2006/07 2007/08

- 1207 1558

The Council has a complaints policy comprised of three stages. The policy provides for the relevant ward Councillor to be informed at Stage two of the complaints process. For 2006/07 there were 29 stage 2 complaints and 14 stage 3 Complaints. For 2007/08 there were 25 stage 2 complaints and 10 stage 3 Complaints. A copy of the Council's Complaints Policy is available on the Council's website. However, Councillors are not involved in determining the outcome of complaints, therefore in answer to your questions there were no cases of formally identifying wrong-doing by the Executive and no staff ceased to be employed for the three years in question.

I would further like to know how much money the Council has paid to a complainant (i.e. victim of a Council's wrongdoing) through its own complaints system (i.e. excluding any intervention by the Local Government Ombudsman, Valuation Tribunal or similar body) in 2005/2006, 2006/2007 and 2007/2008.

Cont/d

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Amount paid through Council's complaints system:

2005/06 2006/07 2007/08

0 0 0

I would like to know how much money either in the form of local settlement or additional formal finding of maladministration causing injustice the Local Government Ombudsman has recommended that your Council pay in 2005/2006, 2006/2007 and 2007/2008 (for each year) and if the Local Government Ombudsman's recommendations have been met in full (including any non-financial recommendations for each year)). Please detail any recommendation that has not been met in full and provide a copy of the Elected representatives decision. Please additionally identify if these costs were met directly by Council Tax Payers or the Council's insurers (excluding self insurance by a Council)

Total payments resulting from Ombudsman complaints are as follows:

2005/2006

No Payments

2006/2007

Local Settlements - £11,350

Maladministration With Injustice - £33,800

Maladministration No Injustice - £150

2007/2008

Local Settlements - £250

These payments are made by the relevant departments against which the complaints were made, and not via insurance. In all Cases the Council has openly accepted the Ombudsman's final findings and recommendations, and it is our practice to always seek to achieve them.

Finally, please provide details of the financial cost of administering all your complaints systems (including FoI and DP) by the Executive for 2005/2006, 2006/2007 and 2007/2008 and the number of staff employed in administering complaints and resolving these (Full time equivalent staffing levels). Please also provide details of your total administrative costs for 2005/2006, 2006/2007 and 2007/2008 and the total number of staff employed by your authority, as well as any pay increase (including increments) made to the Council's Chief Executive (Head of Paid Service) in pounds sterling for each of these years. Please additionally identify if the Chief Executives wages included performance related payments.

We do not employ a central team of staff to administer our corporate complaints system. Complaint resolution is regarded as an

integral part of each manager's role and staff's role; therefore it is not possible to provide a financial cost.

Cont/d

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Total number of staff employed by Macclesfield Borough Council

2005/06 2006/07 2007/08

874.5 692.5 710.7

The salary for the Chief Executive:

The salary bands are as follows:

2005-06 in the range £90,000 to £99,999

2006-07 in the range £90,000 to £99,999

2007-08 in the range £100,000 to £109,999

The Chief Executive's salary does not include performance related payments. 

If you have a complaints system not fit for purpose please identify which political party currently controls your Council, and if this political party has appointed the current Electoral Registration and Returning Officer through its control of the Council (with date of their formal appointment). Please name the current Electoral Registration and Returning Officer, and identify if they are also Head of Paid Service, and Clerk to your Authority. Please additionally provide any documentation maintained by your Local Authorities Head of Paid Service identifying that they personally do not believe it to be appropriate for your Council to have a complaints system that is fit for purpose. This documentation should be in existence due to the provisions of s4 of the Local Government Act 1989.

The Council considers that it operates a Complaints system which is fit for purpose.

The Conservative Party currently controls Macclesfield Borough Council.

The current Returning Officer and Electoral Registration Officer is Mrs Vivienne Horton, who was appointed in 2004. Mrs Vivienne Horton is the Council's Chief Executive.

If you have any queries regarding the contents of this e-mail please contact me.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision relating to your Freedom of Information request, you should write to Julie Openshaw, Corporate Manager Legal and Democratic Services (Monitoring Officer), Town Hall, Macclesfield, Cheshire, SK10 1DX.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Lindsey Parton

Service Manager, Administration