30 June 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 13 June, you asked a number of questions in relation to whether information obtained by the Local Government Ombudsman from a council or a complainant is true or false, and how we determine that.

The only written information we hold on this is contained in our Guidance on Investigations on our website. You might want to look, in particular, at http://www.lgo.org.uk/guidance-inv/gathering-information/examining-the-files and you may want to look at the whole section http://www.lgo.org.uk/guidance-inv/gathering-information/

You also ask whether maladministration includes situations when there is evidence that council officers have told lies or made false statements. All I can say is that if the Ombudsman found that information provided by the authority was not correct (or there was documentary evidence of lies), this could contribute to a finding of maladministration but, as this is a hypothetical situation, I cannot give you a definitive answer - it would depend on the circumstances of the case.

You go on to ask what we do when presented with evidence that lies or false statements have been made to us in various circumstances. Again, I can only say that this could contribute to a finding of maladministration but, as this is a hypothetical situation, I cannot give you a definitive answer - it would depend on the circumstances of the case.

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. 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

LGO 01 (03/08)