This is an HTML version of an attachment to the Freedom of Information request 'How reliable/fair are local Government Ombudsman's Investigations'.

20 July 2010

Ms T Ezekpo

Via email ([FOI #37202 email])

Our ref: CS/10/060/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 Ms Ezekpo

Request for information

In your email of 3 July, you suggested that I had misunderstood your request and that I had not supplied you with the information you were seeking.

The Freedom of Information Act entitles requesters to information that is held by a public authority. It does not require an authority to construct information that does not already exist. In my letter of 30 June I directed you to the only written information we hold on the issues you raised.

In your most recent email you ask for “a clear definition, description and illustrative examples of what the ombudsman would accept as concrete evidence that a council officer has lied.” No such information is held. You go on to ask what the Ombudsman would accept as concrete proof that a council had misinformed third parties in various situations. As I said in my previous letter, I cannot answer questions on hypothetical situations. You are asking me to substitute my judgement for the Ombudsman's, and I cannot do that.

I am sorry if the information I directed you to in my last letter was not the information you were seeking but, beyond what I have already told you, no further information is held.

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 our internal complaints procedure. I attach a copy of our internal complaints procedure. If you do request an internal review - can you please indicate why you are unhappy with my response. 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

Hilary Pook (Ms)

Communications and Records Manager

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Nigel Karney

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Secretary

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Advice Team: 0300 061 0614

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