29 September 2008

Mr S Hardwicke Carruthers

Via email ([email address])

Our ref: CS/08/0059/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 Hardwicke Carruthers

Request for information

In your email of 5 September, you asked for documents we have provided to councils or their representative organisations in relation to the management of records that form part of their complaints systems. The only advice we have provided on this topic is included in Guidance note 1: Running a complaints system, although this does not include any advice on how long records should be kept. There is also a small section on keeping records in Guidance note 2: Good administrative practice. Axiom 28 is: “Compile and maintain adequate records.” Both guidance notes are available on our website at www.lgo.org.uk/guidance.htm.

You say in your email that only the Ombudsman's office is able to provide access to councils' own records. This is incorrect. Councils hold their own records.

You ask for copies of documents that we make available to complainants identifying that the Ombudsmen provide a record management consultancy service and depository for councils. This is incorrect - the Ombudsmen do not provide such a service, and so there are no such documents.

You ask if the Ombudsmen have identified councils destroying their records as an operational and strategic risk. The answer is no, and so there are no relevant risk register entries to provide.

You ask if the Ombudsmen have provided guidance to their investigators that for instance any breech of the Freedom of Information Act by a council should lead to an automatic finding in favour of a complainant. I can confirm that the Ombudsmen have provided no such guidance to their staff.

/…

That concludes my response 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 (Ms)

Communications and Records Manager

LGO 01 (03/08)