2 December 2009

A Johnson

Via email ([FOI #22602 email])

Our ref: CS/09/120/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 A Johnson

Request for information

In your email of 4 November, you referred to the statement “Complainants obtained redress in just over 27 per cent of cases investigated” in the news item on our website announcing the publication of our latest Digest of cases. You asked how we reached that conclusion.

This figure is taken from our annual report and refers to the cases where the Ombudsmen have issued reports finding maladministration causing injustice, which include recommendations for a remedy, plus the proportion of local settlements agreed with councils, as a proportion of all decided cases, excluding complaints that were premature and those which were outside the Ombudsmen's jurisdiction.

Where a report is issued, the case is followed up and the authority have to inform the Ombudsman of action it proposes to take, and the Ombudsman has to declare him/herself satisfied. If he or she is not satisfied, a further report will be issued. In a very few cases, the authority may refuse to provide a remedy that satisfies the Ombudsman, but the number is so small it would not affect the percentage figure we quote.

Where local settlements are agreed, the cases are not followed up in the same way, but complainants will generally inform us if they do not receive a remedy that was promised, and then we will reopen the case. Where we have asked the council to provide something (eg a revised policy) this will be followed up, when we prepare the Annual Review on the authority at the end of the year, if not before.

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 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

Hilary Pook

Hilary Pook (Ms)

Communications and Records Manager

LGO 01 (03/08)