16 April 2010

Mr S Hardwicke Carruthers

Via email ([FOI #30346 email])

Your ref:

Our ref: CS/10/026/ML

(Please quote our reference when contacting and, if using email,

please put the reference number in the email subject header)

Dear Mr Hardwicke Carruthers

I refer to your email dated 9 April 2010 requesting a review of Ms Pook's handling of your request for information under the FOIA 2000, lodged through the `whatdotheyknow' website.

Background:

In your initial request dated 8 March 2010 you sought information relating to `statements of reasons.' Specifically, you asked for:

In her response dated 9 April 2010, Ms Pook concluded that the information you requested was already available through our website. Ms Pook referred you to Commission Paper CLA 1740 and the minute detailing discussion of that paper. Ms Pook also supplied the appropriate link to our website: http://www.lgo.org.uk/about-us/governance/meetings-commission-2009/.

You have asked for a review of Ms Pook's handling of this request. Whilst you have provided no discernible reason in requesting this review, you have explained that CLA 1740 was produced by Jackie Feeney (Head of Communications). You have also explained that the `commitment' you referred to in your initial request `is the identification by the Ombudsmen personally in their annual letters.'

Review:

I have reviewed Ms Pook's response. Whilst CLA 1740 was produced by Ms Feeney, it does not follow that the Paper fails to identify the information you have requested. Having considered the contents of the Paper, it is clear that the results of the consultation are included within that document.

The Annual Letters 2009 (to which you have referred) stated consultation with Local Authorities would be undertaken `with a view' to implementing `statements of reasons' from October 2009. The Commission now categorises our `decision letters' as `statements of reasons.' However, your request related to the publication of such `statements of reasons.' To address that aspect, Ms Pook referred you to the minutes of the Commission meeting held on 15 October 2009.

Those minutes demonstrate that it was agreed to defer on how to approach the publication of `statements of reasons' in order to consider alternative approaches. Therefore the minutes contain the information which you have requested on this issue. It also follows that as this is an on-going process, there is no `go live' date and the Commission holds no such data.

The FOIA 2000 is designed to supplement, rather than duplicate, the ordinary circulation of information to the public through various media. As you may be aware, where that information is reasonably accessible by other means than an information access request, a public authority does not have to supply it.

As you have indicated through your correspondence, you have ready access to the internet and, therefore, the medium through which the information you requested can be accessed. Accordingly, I agree with Ms Pook's conclusion that the information requested is available to you through the above-mentioned website.

This concludes the Commission's handling of this matter. If you consider that I have not dealt with your request properly you can raise the matter with the Information Commissioner (www.ico.gov.uk).

Yours sincerely

Mark Lant

Mark Lant

Legal Assistant

The official title of the Local Government Ombudsman service is

the Commission for Local Administration in England.

LGO 02 (03/09)