4 August 2010

Mr George Cant

Via email ([email address])

Our ref: CS/10/071/HJP

(Please quote our reference when contacting us)

If telephoning contact Hilary Pook on 020 7217 4734

or if using email send to: h.pook@lgo.org.uk

Dear Mr Cant

Request for information

In your email 13 July you asked what statutory requirement (or recommendations or corporate responsibility) the Ombudsmen and their staff have if, during an investigation, the law is broken by either party (ie the council or the complainant). You then specifically referred to fraud, embezzlement, corruption, but particularly the falsification of documents.

If the Ombudsman finds evidence to suggest that information provided by the complainant is not correct, this could lead to a decision to discontinue the investigation of their complaint. But it would depend on the circumstances of the case, and it may not amount to the law having been broken.

Similarly, 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 again, it would depend on the circumstances of the case, and it may not amount to the law having been broken.

The Ombudsmen expect public servants to provide accurate information - they have the same powers as the High Court to obtain information - see section 29 of the Local Government Act 1974.

The Ombudsmen also have the power to certify an offence in the High Court. The Local Government Act 1974 says, at Section 29:

(8) If any person without lawful excuse obstructs a Local Commissioner in the performance of his functions under this Part of this Act, or any person discharging or assisting in the discharge of those functions, or is guilty of any act or omission in relation to an investigation under this Part of this Act which, if that investigation were a proceeding in the High Court, would constitute contempt of court, the Local Commissioner may certify the offence to the High Court.

(9) Where an offence is so certified, the High Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the High Court could deal with him if he had committed the like offence in relation to the High Court.

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

Communications and Records Manager

LGO 01 (03/08)