Code on Access to Information

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Local Government Ombudsmen

The request was successful.

From: Stuart Hardwicke CARRUTHERS

21 July 2009

Dear Sir or Madam,

Please provide a copy of the Commission for Local Administration's
Code on access to Information (paragraph 24 of the Code of Conduct
for Commission Members). I am unable to find a copy on your
website.

I am able to find numerous references to the Information
Commissioner but not in relation to the Commission's own code.

Yours faithfully,

Stuart Hardwicke Carruthers

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From: Foi Officer
Local Government Ombudsmen

21 July 2009

Dear Mr Carruthers

Our ref: CS/09/069, 070, 071, 072, and 073
Your ref: Requests: 14926, 14930, 14942, 14948 and 14955

This is to acknowledge receipt of all you requests noted above. I hope to be able to respond within the 20-working day target (which would be by 17 or 18 August 2009). If I am unable to do so, I will write to you again explaining why.

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: Stuart Hardwicke CARRUTHERS

22 July 2009

Dear Foi Officer,

Could you identify which requests the numbers relate to.

Our ref: CS/09/069, 070, 071, 072, and 073
Your ref: Requests: 14926, 14930, 14942, 14948 and 14955

Early disclosure of the CLAE's own Code on Access to Information
would be appreciated.. and I'm surprised its not on your web site.
If it should have been withdrawn please identify the CLAE decision
and documents. The Code was identified as being current in 2008.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Foi Officer
Local Government Ombudsmen

23 July 2009

I have. My reference numbers follow the same order as your request numbers. So CS/09/069 relates to your 14926, etc.

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: Stuart Hardwicke CARRUTHERS

23 July 2009

Dear Foi Officer,

I think the numbers might be generated by the whatdotheyknow site.

I have no knowledge of what the numbers refer to 'CS/09/069 relates
to your 14926'.

The title of each question is clearly identified. If you wish to
give a title an number that is for the CLAE.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Foi Officer
Local Government Ombudsmen

17 August 2009


Attachment CS 09 073 Hardwicke Carruthers.doc
45K Download View as HTML


Dear Mr Carruthers

Our ref: CS/09/073

Please find attached a letter in response to the request below.

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: Stuart Hardwicke CARRUTHERS

17 August 2009

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Local Government
Ombudsmen's handling of my FOI request 'Code on Access to
Information'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...

It is simply not believed that the CLAE does not have this document
its existence is very clearly identified in the Code of Conduct
provided by the Parliamentary Ombudsman in 2008 and that was
identified as being current (i.e. February 2000 version). You will
find a copy of the Code of Conduct on the WDTK site.

Paragraph 24 states: 'Commission members and their staff should
conduct all their dealings with the public in an open and
responsible way and ensure compliance with the Commission's Code on
Access to Information, subject to the provisions of the Local
Government Act 1974.'

It would not have been possible to ratify the governing documents
in 2008 without reference to this document.

Are you identifying that the CLAE doesn't know its code of conduct
developed with the support of the Secretary of State.. etc..
following the Nolan Report..

Yours faithfully,

Stuart Hardwicke CARRUTHERS

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From: Foi Officer
Local Government Ombudsmen

18 August 2009

Dear Mr Carruthers

As I explained in my letter - the Code of Conduct for Members has been amended since you were sent it in 2008. It was amended in October 2008. Paragraph 24 now says: "Commission members and their staff should conduct all their dealings with the public in an open and responsible way and ensure compliance with the Commission's Guidance on Public Rights to Information, subject to the provisions of the Local Government Act 1974."

One of the reasons it was amended was because the Code on Access to Information no longer exists.

Sorry - things change.

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: Stuart Hardwicke CARRUTHERS

18 August 2009

Dear Foi Officer,

As identified internal review is requested.

The Secretary of state will have had input to the changes. There
shall have been a resolution of the CLAE.. and the governing
document that applied as you allege was lost in 2008 will still be
binding on the CLAE for at least six years.

Sorry things don't change that fast for a public body..

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Foi Officer
Local Government Ombudsmen

18 August 2009

Dear Mr Carruthers

I can assure you the Secretary of State had no part in the amendments to the Members Code of Conduct.

I have no idea what you mean by a 'governing document' - we certainly haven't 'lost' any documents. And I don't know what you mean when you talk about the 'governing document' being 'binding on the CLAE for at least six years'.

You will have to clarify before I can pass this for review.

My letter and my email earlier today made it clear that the 'Code on Access to Information' has been replaced by 'Guidance on Public Rights to Information'. I simply asked you to provide your reasons for requesting it, if you decide to request a copy of this document.

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: Stuart Hardwicke CARRUTHERS

25 August 2009

Dear Foi Officer,

I am unable to find any reference in the CLAe minutes that the 2000
version of the Code has been replaced in 2008 and paragraph 28
changed. I am also unable to find any copy of the Code on the CLA
website.

Please provide a copy as requested, and it would be appreciated if
you could identify where the CLAE agreed to a change in its Code of
Conduct.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Foi Officer
Local Government Ombudsmen

25 August 2009


Attachment CS 09 073 members code.doc
165K Download View as HTML


Dear Mr Carruthers

The Members Code was amended by Chair's action in October 2008. Here is a copy of the revised Code.

I cannot provide you with something that doesn't exist - ie the Code on Access to Information.

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: Stuart Hardwicke CARRUTHERS

25 August 2009

Dear Foi Officer,

Are you stating that of the two documents that formed the CLAE Code
of Conduct which all the Local Commissioners signed and agreed to
be bound by.. when they took office..

... does not exist.. It must otherwise the Commissioners would
never have personally signed the document... and sanctioned an act
of maladministration.

.. are you further stating that the Chair of the CLAE determined
that no local commissioner needed to be bound by the Code of
Conduct that they signed.. and that this remains the case.

The document that you have forwarded appears to me to be wastepaper
and the personal responsibility of the Chair of the CLAE. It does
not apply to the other Commissioners or even the Chair of the
CLAE.. and as such they are not bound by the Code of Conduct.

It states in the Code of Conduct that the Code on Access to
Information exists. I require a copy.

The Code will also have formed part of the CLAE's submission to the
Information Commissioner when seeking to have its publication
scheme authorised.

The request for internal review remains in place.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Foi Officer
Local Government Ombudsmen

26 August 2009

Dear Mr Carruthers

The Code on Access to Information has been replaced by the Guidance on Public Rights to Information. Neither document formed a part of the CLAE Members Code of Conduct, but were/are referred to in to Code.

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: Stuart Hardwicke CARRUTHERS

27 August 2009

Dear Foi Officer,

The Code on Access to Information is specifically identified in the
CLAE Code. It appears as far as I can see no where else.

The Code of Access to Information forms part of the CLAE Code.

The Internal Review request remains in place.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Foi Officer
Local Government Ombudsmen

2 December 2009


Attachment CS 09 073 access to info pre FOI.doc
103K Download View as HTML


Dear Mr Carruthers

Our ref: CS/09/073

Mr Karney has considered your request and asked me to send you the old Code on Access to Information referred to in the old Members Code of Conduct.
This Code on Access to Information ceased to apply after the Freedom on Information Act came into force.

It is attached.

Yours sincerely

Hilary Pook
Communications & Records Manager | DL: 020 7217 4734 |
Local Government Ombudsman's offfice | 10th Floor |
Millbank Tower | Millbank | London | SW1P 4QP |
www.lgo.org.uk |
|

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