25 November 2009

Mr A Peasgill

Via email ([email address])

Our ref: CS/09/0116/HJP

(Please quote our reference when contacting us)

If telephoning contact Hilary Pook on 020 7217 4734

or if using email send to: [email address]

Dear Mr Peasgill

Request for information

In your email of 3 November, you ask for the policy of the LGO in relation to proven lies being told to them by councils, officers or complainants. There is no policy on this, as such. If the Ombudsman finds evidence to suggest that information provided by the complainant is not correct, this could lead to a decision to discontinue the investigation of their complaint. But as this is a hypothetical situation, I cannot give you a definitive answer - it would depend on the circumstances of the case.

Similarly, if the Ombudsman found that information provided by the authority was not correct (or there was documentary evidence of lies), this could contribute to a finding of maladministration but again, as this is a hypothetical situation, I cannot give you a definitive answer - it would depend on the circumstances of the case.

The same response applies to your request for the LGOs' policy in relation to councils or council officers wilfully misleading the Ombudsmen's investigations.

No audits are done to determine whether investigations have been corrupted as you describe.

There are no policies in place to address the three scenarios you set out, beyond the response I have already given above, but I am attaching a section from our Investigation Handbook on examining council files, which sets out how investigators should try and ensure they are examining complete and original material.

The Ombudsmen expect public servants to provide accurate information - they have the same powers as the High Court to obtain information - see section 29 of the Local Government Act 1974.

The only LGO documentation and guidance in relation to the Standards of Public Life is the Commission Members Code of Conduct, and I attach a copy of this.

That concludes my response to your request and I hope you find the information useful. 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 our internal complaints procedure. 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

Hilary Pook

Hilary Pook (Ms)

Communications and Records Manager

Enc: Examining council files

Code of Conduct for Commission Members

LGO 01 (03/08)