Dear Sir or Madam,

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

Thank you for your information request, which is now being processed under the Freedom of Information Act 2000.

You can expect to receive our full response in due course.

Amanda Osborne, Information Compliance Manager
Audit, Risk and Information Service
Bath & North East Somerset Council
Telephone: 01225 396872
Facsimile: 01225 477387
www.bathnes.gov.uk

Making Bath & North East Somerset an even better place to live, work and visit.

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Dear Mr Carruthers,

I write in reference to your recent information request.

You have asked to be supplied with details of the Council's 'total administrative costs for 2005/2006, 2006/2007 and 2007/2008'.

Can you please let us know what you mean by 'administrative'? Our financial system does not include a single cost code for 'administrative' costs, therefore we need you to be more specific about the types of activities you would expect to fall under this heading.

I look forward to hearing from you soon.

Regards,

Amanda Osborne, Information Compliance Manager
Audit, Risk and Information Service
Bath & North East Somerset Council
Telephone: 01225 396872
Facsimile: 01225 477387
www.bathnes.gov.uk<http://www.bathnes.gov.uk/>

Making Bath & North East Somerset an even better place to live, work and visit.

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Dear Information Governance,

administrative = staffing costs

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Sir,

Thank you for your recent information request. We can now respond as follows.

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.

We do not keep any records about the amount of time that councillors spend on Council business. Councillors are not regarded in law as employees but as office holders.

Within our leaflet regarding becoming a councillor in Bath and North East Somerset, we state that serving councillors estimate that they spend between 12 and 30 hours a month on frontline work (i.e. dealing with residents' issues) and that those appointed to a specific role with special responsibilities such as a Committee or Panel Chair could expect to spend substantially more time on Council business. This was based on anecdotal evidence from councillors before the 2007 election.

The national census of councillors is carried out for the IDeA and the LGA every two years. The most recent figures available are for the 2006 census. In that, 60% of councillors say that they spend 20 hours a week or less on all their Council business (that includes the frontline work plus any special responsibilities they carry). The average figure for the total number of councillors who responded to the census is 21.9 hours per week.

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 can confirm that the Council had 65 Elected Members in the years 2005/06, 2006/07 and 2007/08.

Please find attached the financial information you have requested for 2005/06 and 2006/07. Information for 2007/08 can be found on our website:

http://www.bathnes.gov.uk/BathNES/counci...<http://cis/BathNES/councilanddemocracy/c...>

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.

2005/06 - 142
2006/07 - 139
2007/08 - 902

The reasons for the significant increase in the number of complaints recorded in 2007/08 are the introduction of a centralised complaints recording system, and the inclusion of Social Services and Education related complaints in the numbers the first time.

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.

We do not report on complaints in a way which would make this information readily accessible. In order to collate this information we would be required to look at each complaint separately. This is a task which would take a considerable amount of time. Considering the number of complaints recorded by the Council in each year, and the time which has already been spent answering other components of your request, we estimate that compliance with this part of your request would exceed the appropriate limit of 18 hours (£450) as set down by regulations issued under the Freedom of Information Act 2000 (FOIA). I would point out that under Section 12 of the FOIA authorities are not obliged to comply with requests exceeding the appropriate limit.

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)

2005/6 - £4,200 (£2,000 + £2,000 + £200) - covering 6 cases of Local Settlement i.e. 3 paid settlements, 3 other settlements.

2006/7 - £500 - covering 2 cases of Local Settlement i.e. 1 paid settlement, 1 other settlement.

2007/8 - £8,850 (£250 mal + £100 + £500 mal + £500 + £7,500 mal) - covering 4 cases of Local Settlement and 3 cases of maladministration) i.e. 5 paid settlements/mal, 2 other settlements.

In each case the Council has acted on the Ombudsman's recommendation in full. Payment has been met by the service area concerned.

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).

I would first of all point out that FOI and DP complaints are dealt with outside of the corporate complaints procedure, by the Head of the Audit Risk and Information Service. The cost of administering these complaints is not recorded. We do not hold a record of the time spent on each DP or FOI complaint.

We do not hold information as to the financial costs of administering the Council's complaints system by the Executive.

We do not hold information as to the number of full time equivalent staff members employed in administering and resolving complaints. Each service area within the Council has one or more nominated 'complaints officers' (13 in total), however none are dedicated complaints officers and records are not kept of how much time they spend on complaints related work.

Please also provide details of your total administrative costs for 2005/2006, 2006/2007 and 2007/2008.

You clarified within your email to me of 30th August 2008 that by 'administrative costs', you mean staffing costs.

The figures below (including schools expenditure) include salaries, overtime, Employer's National Insurance contributions, Employer's Pension contributions and any allowances.

2005/06
Employee costs = £143.029m
Agency = £4.924m
Total = £147.953m

2006/07
Employee costs = £150.445m
Agency = £4.699m
Total = £155.144m

2007/08
Employee costs = £158.621m
Agency = £5.069m
Total = £163.690m

and the total number of staff employed by your authority,

This information is available on our website:

http://jobs.bathnes.gov.uk/aboutus.aspx

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.

Information regarding the salary band for the Council's Chief Executive can be found on the Council's website, within our Annual Accounts. Please refer to Section 12 - Employees' Emoluments, for each year.

http://www.bathnes.gov.uk/BathNES/counci...

I can confirm that the Chief Executive was paid within the £150,000 - £159,999 salary band for 2007/08, the £140,000 - £149,999 salary band for 2006/07, and the £120,000 - £129,999 salary band for 2005/06.

Increments for each of the years are as follows:

Local Authority

2005/6 % increase

2006/7 % increase

2007/8 % increase

Bath & North East Somerset

2.95

2.95

2.475

The Council also holds information as to the increase in pounds sterling for each of these years. Information regarding the specific salaries of Council employees is personal data, and is therefore exempt from disclosure under Section 40 of the Freedom of Information Act 2000 (Personal Information). We are withholding information regarding the increase in pounds sterling under Section 40, as disclosure of this information would allow the specific salary for the position of Chief Executive to be identified.

Section 40 of the FOIA provides an exemption from the general right of access to information, where the disclosure of personal information would breach any of the Data Protection principles. The Council considers that disclosure of this information would constitute a breach of the fairness requirement of the first Data Protection principle. This is because the individual concerned has a reasonable expectation that the Council will keep their details confidential. In addition, they have not consented to the disclosure of this information.

Please additionally identify if the Chief Executives wages included performance related payments.

The Council does not operate a performance related pay scheme in respect of this position.

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.

The Council's position is that our complaints system is fit for purpose.

If you are unhappy with the response to your request, you may ask for an internal review. Please contact the Council's Head of Audit, Risk and Information, Mr Jeff Wring at the Guildhall, High St, Bath BA1 5AW mailto:[email address].

If you are not content with the outcome of the internal review, you have the right to appeal directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF www.informationcommissioner.gov.uk<http://www.informationcommissioner.gov.uk/>.

Amanda Osborne, Information Compliance Manager
Audit, Risk and Information Service
Bath & North East Somerset Council
Telephone: 01225 396872
Facsimile: 01225 477387
www.bathnes.gov.uk<http://www.bathnes.gov.uk/>

Making Bath & North East Somerset an even better place to live, work and visit.

Please consider the environment before printing this email.

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