13 October 2008

Mr T Nunn

Via email ([FOI #3004 email])

Our ref: CS/08/0066/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 Nunn

Request for information

In your email of 15 September, you asked if any final reports have been recalled and revised over the last six years. You also asked, if they have, how many there were, which Ombudsmen were involved and why.

When the Ombudsmen issue a report they are `functus' - that is, they have performed their legal duty - and the only way of challenging the report is by taking judicial review proceedings. However, there have been three occasions in the last six years when Tony Redmond has recalled a report after sending it to the council and complainant, but before it became a public document.

In one case, the complainant was unhappy with a piece of personal information included in the report, and Mr Redmond agreed to take out one sentence containing this information from the report before it was made public. This was despite the fact that the sentence had been in the draft the complainant had been sent and been given the opportunity to comment upon. The Ombudsman's findings and recommendations were not altered in any way as a result of the minor amendment made.

In another case, during the course of the investigation the council concerned had obtained counsel's opinion on an interpretation of legislation relevant to the investigation. When the final report was sent to the council, it included the council's initial comment about the legislation, but not the later counsel's opinion, and the council asked that this be included. Mr Redmond agreed to add this. The Ombudsman's findings and recommendations were not altered in any way as a result.

In the last case, a report where the council had already agreed to provide a remedy was issued to the council and complainant, but later withdrawn before it was made public because it raised issues that applied to many other councils - and the Ombudsmen issued a Special Public Report covering these matters instead. This individual complaint was locally settled instead.

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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)