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George Cant made this Freedom of Information request to Local Government Ombudsmen
The request was successful.
From: George Cant
23 September 2009
Dear Sir or Madam,
n dealing with complaint
How many times do you have record for of the following incidences
incidence that would lead to a breach of . (s29 of the Local
Government Act 1974 (8)
Incidence that would bleed to a break of S77 of the FOI Act Offence
of altering etc. records
What is your framework for verifying documents provided by the
council in relation to evidence of the investigation.
What is the total number of cases you receive were there is
evidence of the above
In all cases
How many times have you notified a member of the public of breaches
of the above acts by council,
How many times have you had to notify a council of breaches of the
above acts.by there officers.
In relation to breaches of the law by council officers, noticed in
your investigations, what Is the most common action taken by your
office or how many times have you done the following
1.Informed the police ( or cps )
2.Informed the council officer
3.Informed the compliant
Yours faithfully,
George Cant
From: Foi Officer
Local Government Ombudsmen
24 September 2009
Dear Mr Cant
Our ref: CS/09/097
This is to acknowledge receipt of your request below.
I have given it the reference number above, and it would be helpful if you could quote this on any further correspondence about this matter.
We will respond within the 20 working day target (which would be by 21 October 2009) or, if unable to do so, we will write to you again explaining why.
Yours sincerely
Hilary Pook
Communications & Records Manager
Local Government Ombudsman's Office
Tel: 020 7217 4734
www.lgo.org.uk
NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.
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From: Foi Officer
Local Government Ombudsmen
16 October 2009
CS 09 097 Cant.doc
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CS 09 097 Examining files.doc
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Dear Mr Cant
Our ref: CS/09/097
I attach a letter in response to the request below.
Yours sincerely
Hilary Pook
Communications & Records Manager | Local Government Ombudsman's office | DL: 020 7217 4734 | www.lgo.org.uk |
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Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
George Cant left an annotation (12 November 2010)
"Request for information
In your email of 23 September you asked how many times we have a record of incidences of breaches of s29 of the Local Government Act. You also asked what our most common action is in response to such breaches, and how many times we have notified the complainant, the council, or the police of such breaches.
We keep no separate record of any of this information, so the only way to obtain it would be to examine each complaint file. The Freedom of Information Act (section 44) does not override any restriction on the release of information covered by an earlier law. Such a restriction applies to the Ombudsman's complaint files. Under the Local Government Act 1974 (section 32(2)), the Ombudsman is not permitted to disclose any information obtained in the course of, or for the purposes of, the investigation of a complaint, unless he or she considers it is necessary for the purposes of the investigation (or for other very limited reasons mostly related to legal proceedings). (This also means that the Ombudsmen are not able to inform the police of breaches of the law.)
I have decided that releasing this information to you is not necessary for the purposes of an investigation and so I am not able to comply with your request.
You also asked what our framework is for verifying documents provided by the council in relation to evidence of a complaint investigation. I am sending with this letter the section from our Investigation Handbook on Examining the local authority's files.
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"
and the imortant part
(This also means that the Ombudsmen are not able to inform the police of breaches of the law.)
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