28 October 2008

Mr S Hardwicke Carruthers

Via email ([FOI #3540 email])

Our ref: CS/08/0078/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 13 October, you asked on how many occasions the LGO has identified that a council has breached equalities legislation and the European Convention of Human Rights in their decision letters and other correspondence with councils. It is not the job of the LGO to identify breaches in legislation. This is a matter for the courts.

You also asked for a list by council of the number of occasions over the last 10 years that the LGO has identified a violation of Human Rights and equalities legislation. Taking account of what I've said above, I can tell you that in the last 10 years, the following councils have had reports finding maladministration causing injustice issued against them, where the issue noted has been a factor:

London Borough of Havering 2007/08 Human Rights

Buckinghamshire County Council 2007/08 Human Rights

Tandridge District Council 2006/07 Human Rights

Tameside MBC 2005/06 Disability Discrimination Act

Sheffield City Council (2 complaints) 2003/04 racial discrimination

You also asked for any guidance provided to the Human Rights and Equalities Commission (and their predecessors) by the LGO on how they should interpret a finding of maladministration. I can confirm that no such guidance has been provided.

/…

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)