31 December 2008

Dear Mr Carruthers

REQUEST FOR AUTHORISATION: QUALIFIED PERSON FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT

I am writing regarding your request of 18 December 2008 for information about any authorisation provided by Communities and Local Government to the Commission for Local Administration in England [the Local Government Ombudsman] for the purposes of considering requests for information under the Freedom of Information (FOI) Act 2000.

I am considering your request under the FOI Act. However, the Department reasonably requires further information about your request in order to identify and locate the information that you have requested. In these circumstances, I will not be able to take your request further without clarification from you.

For most exemptions in the FOI Act information falling within an exemption may still only be withheld where the public interest in disclosing information is outweighed by the public interest in maintaining the exemption. There is no specific authorisation required so that an official of a public authority may consider the public interest.

For exemptions under section 36 of the Act specifically, however, information is only exempt information if, in the reasonable opinion of a qualified person, disclosure of the information would have prejudicial or inhibiting effects stated in the exemptions. Like most of exemptions in the Act the public interest still needs to be subsequently and separately considered, but that assessment does not require the opinion of qualified person.

I would be grateful if you could confirm whether this explanation answers your question, whether you are seeking a copy of any relevant authorisation nominating a qualified person for the purposes of section 36 of the FOI Act, or whether you are seeking other information.

The twenty working days in which the Department has to respond to your request will begin on the day after we receive clarification of your request. If I have not heard from you by 31 March 2009 I will regard your request as having lapsed.

I am enclosing with this letter a copy of our leaflet which explains how Communities and Local Government handles requests for information. I hope you will find it useful.

If you have any queries regarding this letter, please contact me. Remember to quote the reference number above in any future communications.

Yours sincerely

Martin Harding