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Council Functions

A Freedom of Information request to Adur District Council by Stuart Hardwicke CARRUTHERS

The request was partially successful.

Stuart Hardwicke CARRUTHERS

23 August 2008

Dear Sir or Madam,

Sirs

I would like to know the average proportion of time the elected
representatives of your authority spend as part of their duties for
2005/2006, 2006/2007 and 2007/2008 on their main activities. The
activities that form their duties (employment) as an elected
representative are:

1 directly resolving complaints against the executive (Council
Staff) of the Council by residents; 2 sitting on committee's; 3
acting for the political parties that they represent and/or
ceremonial duties (i.e. all time not spent on sitting on a
Committee or resolving a complaint against the executive);

The total time spent by an elected representative for a Council on
these three activities should be 100 per cent of the time they
spend 'working for a Council' as an elected representative.

I would additionally like to know how much in total was paid to
local councillors to meet all their duties (including expenses) for
2005/2006, 2006/2007 and 2007/2008 by your authority, and how many
elected representatives are (and were) represented on your
authority for these years.

I would also like to know how many Complaints in total were
submitted to your Council in 2005/2006, 2006/2007 and 2007/2008 for
each year. I would further like to know how many of these
complaints were formally considered by an elected representative
for each of these years.

I would further like to know how many complaints against the
Executive (Council staff) led to the elected representatives
formally identifying that the Executive had acted wrongly for the
years 2005/2006, 2006/2007 and 2007/2008, and how many of these
formal determinations by the elected representatives identify that
there was no wrong-doing by the Executive. How many staff employed
by your authority in 2005/2006, 2006/2007 and 2007/2008 ceased to
be employed by your authority as a direct result of a complaint
against the Executive, and the Councillors identifying this to be
the case.

I would further like to know how much money the Council has paid to
a complainant (i.e. victim of a Council's wrongdoing) through its
own complaints system (i.e. excluding any intervention by the Local
Government Ombudsman, Valuation Tribunal or similar body) in
2005/2006, 2006/2007 and 2007/2008.

I would like to know how much money either in the form of local
settlement or additional formal finding of maladministration
causing injustice the Local Government Ombudsman has recommended
that your Council pay in 2005/2006, 2006/2007 and 2007/2008 (for
each year) and if the Local Government Ombudsman's recommendations
have been met in full (including any non-financial recommendations
for each year)). Please detail any recommendation that has not been
met in full and provide a copy of the Elected representatives
decision. Please additionally identify if these costs were met
directly by Council Tax Payers or the Council's insurers (excluding
self insurance by a Council)

Finally, please provide details of the financial cost of
administering all your complaints systems (including FoI and DP) by
the Executive for 2005/2006, 2006/2007 and 2007/2008 and the number
of staff employed in administering complaints and resolving these
(Full time equivalent staffing levels). Please also provide details
of your total administrative costs for 2005/2006, 2006/2007 and
2007/2008 and the total number of staff employed by your authority,
as well as any pay increase (including increments) made to the
Council's Chief Executive (Head of Paid Service) in pounds sterling
for each of these years. Please additionally identify if the Chief
Executives wages included performance related payments.

If you do not have this reasonably basic management information
related to complaints and/or identify that the costs of accessing
the information requested will be more than £450 please state this
and identify that your Authority does not have either a functioning
or accountable complaints system, and does not maintain any basic
management information related to this issue.

If you have a complaints system not fit for purpose please identify
which political party currently controls your Council, and if this
political party has appointed the current Electoral Registration
and Returning Officer through its control of the Council (with date
of their formal appointment). Please name the current Electoral
Registration and Returning Officer, and identify if they are also
Head of Paid Service, and Clerk to your Authority. Please
additionally provide any documentation maintained by your Local
Authorities Head of Paid Service identifying that they personally
do not believe it to be appropriate for your Council to have a
complaints system that is fit for purpose. This documentation
should be in existence due to the provisions of s4 of the Local
Government Act 1989.

Yours faithfully

Stuart HARDWICKE CARRUTHERS

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Caroline Perry
Adur District Council

23 August 2008

I am now out of the office and will return on the 26th August 2008 when I will answer your email. If your query is urgent please contact Mrs Susan Sale, Legal Services Manager who can be email at [email address]. or on 01273 263109. Mrs Sale will be in the office on Tuesday and Wednesday..

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Caroline Perry
Adur District Council

26 August 2008

Dear Mr Carruthers.

Thank you for your request for information that was received on the 23rd August. I confirm that I am dealing with your request under the terms of the Freedom of Information Act 2000.

Yours sincerely,

Caroline Perry
Assistant Solicitor
Adur District Council

Tel: (01273) 263115
Fax: (01273) 263075

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Stuart Hardwicke CARRUTHERS

28 September 2008

Dear Caroline Perry,

Response overdue. Under the Freedom of Information Act you should
have replied by now, and are breaking the law. Review requested.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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Caroline Perry
Adur District Council

29 September 2008

Dear Mr Carruthers,

Thank you for your email that was received on the 29th September. I
apologise for the delay in responding to your request for information
but unfortunately I am still waiting for some information from other
departments. However I can confirm the following:

1. This Council does not have information concerning the average
proportion of time the elected representatives spend as part of their
duties on their main activities. The Council does not ask elected
Members to record this information, the Council only records length of
time for each meeting. Although I can confirm that time spent resolving
complaints against the executive (Council Staff) of the Council by
residents is nil. This is because elected Members only deal with
complaints against senior staff and there have been no complaints of
that nature in the years identified.

2. The information in respect of the amount paid to elected Members can
be located on the Adur District Council website under Adur Outlook. This
can be found under "A" of the alphabetical search bar and the editions
which contain the information you requested are June 2008, July 2007 and
July 2006. Under Section 21 of the Freedom of Information Act
information is exempt from disclosure if it is reasonably accessible by
other means. I would submit that as the information is on the internet
this is reasonably accessible, however if you require a paper copy
please inform me and I will send this to you.

3. I am currently waiting for this information to be provided but have
been informed it will be available by Wednesday, 1st October.

4. There were no complaints against the Executive (Council staff) which
led to elected representatives formally identifying that the Executive
had acted wrongly for the years 2005/06, 2006/07 and 2007/08.
Consequently there were no formal determinations by the elected
representative identifying that there was no wrong-doing by the
Executive. There were no members of staff that were employed by the
Authority in 2005/06, 2006/07 and 2007/08 that ceased to be employed by
this Authority as a direct result of a complaint against the Executive
and the Councillors identifying this to be the case.

5. I am currently waiting for this information to be provided but have
been informed it will be available by Wednesday 1st October.

6. There were no formal findings of maladministration causing injustice
during 2005/06, 2006/07 or 2007/08. Further no monies were paid out in
respect of local settlements during these years.

7. Total number of staff is as follows:
2005/06 = 437 posts and 417 employees
2006/07 = 449 posts and 417 employees
2007/08 = 549 posts and 494 employees

The pay increases made were as follows:
2005/06 = 2.95% cost of living plus 1.5% increment = 4.45%
2006/07 = 2.95% cost of living plus 1.5% increment = 4.45%
2007/08 = 2.475% cost of living plus 1.5% increment = 3.975%

Pay increases to the Chief Executive are not pay related.

When a complaint is received they are initially dealt with by the
relevant department. There is no member of staff just employed to
specifically deal with complaints.

I will forward the outstanding information to you as soon as possible
and I again apologise for the delay in dealing with your request.

Yours sincerely,

Caroline Perry
Assistant Solicitor
Adur District Council

Tel: (01273) 263115
Fax: (01273) 263075

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Caroline Perry
Adur District Council

1 October 2008

Dear Mr Carruthers,

I am writing further to my email of the 29th September. I can now confirm the following:

1. In terms of the total cost of administration this has been calculated on the basis of the Council's support costs. The figures for these costs are:

2005/06 = £10,423,000
2006/07 = £10,150,000
2007/08 = £11,113,000

2. The number of complaints in total submitted to the Council was:

2005/06 = 100
2006/07 = 99
2007/08 = 98

The Council has paid the sum of £245.00 for one complaint in 2007/08 through its own complaint service. No amounts were paid in 2005/06 or 2006/07.

I hope your request for information has now been fully answered however if you have any further queries about this matter please contact me.

Yours sincerely,

Caroline Perry
Assistant Solicitor
Adur District Council

Tel: (01273) 263115
Fax: (01273) 263075

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