13 October 2008

Mr S Hardwicke Carruthers

Via email (request-2837-7954d557@whatdotheyknow.com)

Our ref: CS/08/0056/HJP

(Please quote our reference when contacting us)

If telephoning contact Hilary Pook on 020 7217 4734

of if using email send to: [email address]

Dear Mr Hardwicke Carruthers

Request for information

When I replied to your original request on 29 September, you sent a further email asking if there had been generic guidance sent to councils, and referred to the Risk Management Strategy as identifying responsibility for this, in paragraph 6.6. That paragraph refers to the role of the Commission's accounting officer and his responsibility to Government for the proper management of staff, assets and the Commission's grant. It has nothing to do with issuing guidance to councils.

You go on to say: “As the LGO has identified that they are unable to determine maladministration in relation to human rights …” Where has it been identified that the LGO are unable to determine maladministration in relation to human rights? It is for the courts to consider whether there has been a breach of the Human Rights Act and if so to make binding declarations and decisions. But the Ombudsman can and do consider whether Human Rights Act issues are engaged in a case and, if so, whether they have been properly taken into account by the council. A failure to consider Human Rights Act issues has been found to amount to maladministration by the Ombudsman.

And to what do you refer when you say “this must relate to information retention, interpretation, etc”? Without further clarification, I am afraid I cannot respond further.

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. 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.org.uk.

Yours sincerely

Hilary Pook (Ms)

Communications and Records Manager

LGO 01 (03/08)