10 July 2009

Dear Mr Carruthers,

Re: Internal review of Freedom of Information request - FoI Authorization

You wrote on 16 March 2009 seeking a review of the handing of your request made on 18 December 2008 for information under the Freedom of Information Act 2000. Your request for a review has been passed to me to consider as a designated internal review officer and I apologise for the length of time it has taken to send you my response.

I understand your original request regarding the Commissioners for Local Administration was made on 18^th December 2008 and my colleagues sought further clarification regarding your request on 30^th December 2008. This was then followed up with a comprehensive response sent to you on 26th June 09. Subsequently, I have kept the focus of this letter on the handling of your case; in specific it concentrates on two key issues 1) the length of time taken to respond 2) the professionalism of the teams involved.

In considering these issues I have reviewed correspondence between internal CLG colleagues, Ministry of Justice (MOJ) and discussed a history of events with colleagues involved in this case. Having assessed this information it is clear that the bulk of the delay in responding to your request was largely owing to a) establishing clarity about whether an email from the then ODPM Minister constituted a decision of authorisation b) agreeing the revised policy with MOJ regarding the number of qualified persons and the application of Section 36. Additional complexities included a change in MOJ policy from 2004 and a business case from the Local Government Ombudsman (LGO) to increase the number of qualified persons i.e. all commissioners and their deputies.

I am aware colleagues were in contact with you during March 09, regarding other FOI requests, and at this point took the opportunity to inform you that this specific FOI request was being actioned, (although I accept that the Department has not met its obligation to issue you a response to your request within twenty working days). I am confident that the team's intention and professional judgement was to provide you with the fullest response whilst waiting for a decision regarding the LGO's request. The outcome of which would have determined some of the factual content in the response to your original FOI request. On reflection, my CLG colleagues acknowledge that earlier meetings on detailed issues, with MOJ colleagues may have helped provide a speedier reply.

If you are not satisfied with my decision, you may write to the Information Commissioner asking him to decide whether Communities and Local Government has complied with its obligations under the FOI Act and Environmental Information Regulations. You should direct any such appeal to:

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone 01625 545 700

Email [email address]

Yours sincerely,

Jaspal Roopra