11 March 2009

Mr S Hardwicke Carruthers

Via email ([FOI #8042 email])

Our ref: CS/09/025/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 11 February you asked how often the Ombudsmen had identified a breach of a council's written constitution as part of an investigation.

This is not information we hold. We do not collect data on breaches of councils' written constitutions. Our remit is to investigate complaints of maladministration, and that is what we record; but we do not record incidents of maladministration by categories of maladministration, such as a breach of a council's written constitution.

You also asked what guidance the Ombudsmen provide to their investigators to check council constitutions. We hold no written guidance specifically on this issue.

You asked on how many occasions we have raised constitutional issues with a council's monitoring officer, identifying a breach of the council's constitution as maladministration. Again, this is not data we collect and is therefore not information we hold.

You also referred to human rights. In some of their decisions on complaints, the Ombudsmen will refer explicitly to human rights values and principles, although it is not the Ombudsmen's function to determine whether there has been a breach of someone's human rights - that is a matter for the courts.

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. 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 (Ms)

Communications and Records Manager

LGO 01 (03/08)