11 January 2010
Ms T Ezekpo
Via email ([FOI #25107 email])
Our ref: CS/09/0144/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 Ms Ezekpo
Request for information
In your email of 24 December, you asked for the number of complaints/messages we have received to date about or including Camden council officer telling lies or making/giving false allegations.
I am afraid this is not information we hold separately from the material held on each individual complaint file. Information held on complaint files is generally exempt from disclosure under the Freedom of Information Act section 44 which says that the Act does not override any restriction on the release of information covered by an earlier law.
Such a restriction applies to the Ombudsman's complaint files. Under the Local Government Act 1974 (section 32(2)), the Ombudsman is not permitted to disclose any information obtained in the course of, or for the purposes of, the investigation of a complaint, unless he or she considers it is necessary for the purposes of the investigation (or for other very limited reasons mostly related to legal proceedings). Disclosing the information you ask for is not necessary for the purposes of any investigation by the Ombudsman, so I am therefore unable to provide you with it.
I would point out that the only way we could extract the information would be by going through each individual complaint file on Camden complaints, and it is likely the time this would involve would mean that responding to your request would be above the current fees limit also.
/…
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
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