11 February 2009

Mr S Hardwicke Carruthers

Via email ([FOI #5957 email])

Our ref: CS/09/007/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 13 January 2009, you have asked for copies the documentation when the Local Commissioners decided to delegate determination of complaints to employees of the CLAE, and for all documents allowing changes to this delegation that have occurred since the delegation took place. You sent a further email on 13 January, giving your reasons for wanting the delegation documents, and I am sorry I overlooked the paragraph referring to this issue.

Delegation is from the Ombudsman to the Deputy Ombudsman, Assistant Ombudsman and Investigators who work for him/her. Although there is provision for an Ombudsman to delegate the issuing of a report to the Deputy Ombudsman, in practice this hasn't ever happened (as far as I know). Instead, the Ombudsmen ask each other to perform that function if one of them is unable to do so for any reason (long-term illness, for example). So only the Ombudsmen ever make a determination of Maladministration.

I attach the delegation arrangements in force at the moment (Delegation 2008) and the ones applying to complaints made before 1 April 2008. The changes to the arrangements were due to the changes in legislation brought in by the Regulatory Reform Order and the Local Government and Public Involvement in Health Act; and to include delegation to our new Advice Team staff.

I need to check on previous versions, and when delegation first began, and I will write to you again when I have had an opportunity to do this.

Yours sincerely

Hilary Pook

Hilary Pook (Ms)

Communications and Records Manager

LGO 01 (03/08)