Dear Mr Carruthers

Information Provided under the Freedom of Information Act

Thank you for your e-mail of 18 December 2008, and your further correspondence dated 31 December, in which you clarified your request related to information providing evidence of any authorisation from a Minister in Communities and Local Government to any post-holder in the Local Government Ombudsman which allows the holder of that post to act as a "qualified person" for the purposes of section 36 of the Freedom of Information Act 2000.

I apologise for the lengthy delay in replying. Your request has been considered under the Freedom of Information Act. The information you requested, as far as we are able to provide it within the framework of legislation, is listed below.

We have evidence in the form of an e mail which provides evidence that that a decision was taken under section 36 of the Freedom of Information Act 2000 to authorise the three Local Government Ombudsmen, the Deputy Ombudsmen and the Secretary of the Commission for Local Administration in England as qualified people.

The e mail states that after speaking with officials at the Department of Constitutional Affairs…

`DCA now have no objections to the authorisation of the three Local Government Ombudsmen, their Deputies and the Commission Chair and Secretary as qualified persons for the purposes of the s.36 exemption.

A formal letter from our Minister will follow to confirm this.'

We do not have a record of the formal confirming letter referred to in the e mail. However, for the avoidance of doubt, a confirming letter has been issued by Rosie Winterton and I enclose a copy. As you will see, we have taken the opportunity in this letter to revise those who are authorised as qualified persons to the Local Government Ombudsman, restricting it to the three Ombudsman and the Secretary.

Communities and Local Government as an organisation aims to be as helpful as possible in the way it deals with requests for information under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. If, however, you are not satisfied with the way in which your request has been handled or the outcome, you may request an internal review within two calendar months of the date of this letter. Information about the Department's review procedures and how to apply for an internal review of your case is contained in the attached leaflet. This also explains your right to apply directly to the Information Commissioner for a decision in the event that you remain dissatisfied following the authority's review.

If you have any queries about this letter, please contact me.

Yours sincerely

Vanita Patel