10 December 2008

Mr S Hardwicke Carruthers

Via email ([FOI #4158 email])

Our ref: CS/08/0106/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 15 November, you asked for details of how many LGO investigations and complaints submitted over the last 10 years involved a death due to alleged maladministration by a council.

We do not hold any specific records on complaints involving deaths. I attach a list of the reported cases that have involved deaths - there were 11 in the last 10 years. These are the only records we hold on this matter.

You also asked what monitoring the Ombudsmen undertake to ensure that their recommendations are met by councils, and if the Ombudsmen undertake any “monitoring to ensure that it is able to correct maladministration of this sort by council's.” [sic].

The Ombudsmen do not close cases where they have issued a report finding maladministration that includes recommendations on a remedy until they are satisfied that the recommendations have been met. If the Ombudsmen are not satisfied of this, they have various measures they can use to seek compliance, including issuing further reports and requiring a council to publish a statement in the local press. However, if a council continues to refuse to comply there is no further action an Ombudsman can take once a statement has been published.

I am not sure what you mean by monitoring to ensure it is able to correct maladministration of this sort by councils. When you say `it' if you mean the Ombudsmen, they cannot themselves guarantee that maladministration by councils does not occur again. All they can do is make recommendations on changes in practices and procedures which, if complied with, will minimise the likelihood of the same type of maladministration occurring again.

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

Enc: List of reports involved deaths 1998 -2008

LGO 01 (03/08)