Council Functions

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Blyth Valley Borough Council

The request was partially successful.

From: Stuart Hardwicke CARRUTHERS

23 August 2008

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

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From: Gascoigne, Paddy

27 August 2008

Dear Mr Carruthers

Thank you for your e mail which requests a considerable amount of information.

Our initial estimate is that it will exceed £450 to collate the information which as you know is the cost threshold for refusing disclosure.

Blyth Valley Council has always prided itself on it approach to open government well before the legislation was introduced. To date it has only refused one FOI request which related to personal information.

Please can you re-examine your request with a view to reducing the amount of information requested. This will avoid the Council having to refuse the request outright.

I look forward to hearing from you.

Paddy Gascoigne
Head of Legal & Democratic Services
Blyth Valley Borough Council

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From: Stuart Hardwicke CARRUTHERS

27 August 2008

Dear Gascoigne, Paddy,

As the information requested is all reasonably basic management
information that should be easily and readily accessible - would
you identify which areas are not monitored and subject to
management control (i.e. accessing the data causes problems).

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

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From: Gascoigne, Paddy

31 August 2008

Dear Mr Carruthers

Unfortunately some of the information is either not readily available or
collected.  I hope you will agree that any management information systems
have to be proportionate, serve a useful purpose and give value for money
for the council tax payer.

I have commented below on what information is collected and readily
available. 

Paddy Gascoigne

Head of Legal & Democratic Services

Blyth Valley Borough Council

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From: Stuart Hardwicke CARRUTHERS

31 August 2008

Dear Gascoigne, Paddy,

Many thanks for your reply.

It is noted that the Blyth valley Council is not aware of what the
elected representatives actually do. The total time spent by all
elected representatives at Council meetings would be sufficient as
you identify that this information is held and readily accessible.

The costs associated with the employment of the elected
representatives would be appreciated. You identify that this
information is held, and readily accessible.

Other items of information you identify are held and are readily
accessible.

The costs of maintaining a complaints system you identify the
Council does not hold. It is noted that the LGO examines
administrative fault in relation to complaints systems and that
they are unable to examine the merits of decisions made by either
Council lawyers and/or elected representatives in relation to
complaints. This raises as you will be aware important issues about
accountability and legal professional privilege. The Council is
itself responsible for its complaints system not the LGO (and this
encompases both the merits of its decisions and the administration
issues).

The merits of decisions are easily identified. It appears that
quite a number of Council solicitors appear to have problems with
ensuring that an Electoral Registration and Returning Officer are
actually appointed by Council's.. as elected.. According to your
Web site there has been a new council elected. However, there
appears to have been no appointment of either an Electoral
Registration Officer or returning Officer by the current Council.
You will understand my confusion!

If you beleive that the Council has been properly appointed and has
a functioning complaints system. This is easily demonstrated by
identification that the elected representatives have appointed and
reaffirmed the appointment of the Electoral registration and
returning Officer.. if they were appointed by a different Council..
then it must I anticipate be agreed that the officers are
unaccountable.. as there is no linkage between the political and
administrative process. Could you identify if this is the case in
Blyth Valley.

Hopefully, this provides any required clarification.

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

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From: Gascoigne, Paddy

31 August 2008

I am out of the office until Tuesday 2 September 2008. If you require
assistance please contact Andy Thom (Legal Services Manager) on 01670
542207 - [email address].

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From: Gascoigne, Paddy

31 August 2008

Dear Mr Carruthers

Firstly my name is Paddy Gascoigne and not Gascoigne, Paddy. I would
appreciate the proper greeting.

Secondly you appear to be misconstruing my responses.

We can supply with you member committee attendances. This is different
to the amount of time members spend at meetings. We can also supply the
total cost of the allowances paid to members but they are not 'employed'
by the council. It would be greatly appreciated if you can prove
otherwise.

I am totally confused by your references to the Council's complaint
system and the LGO. It has never been stated that the LGO is
responsible for our complaints system other than they regard it as a
good model.

Our Chief Executive is the Returning Officer and Electoral Registration
Officer. The appointment only changes when the incumbent leaves the
authority and not when elections take place.

When I return to work next week I will supply the information which is
readily available and hope that the matter can be laid to rest.

Best wishes

Paddy Gascoigne
Head of Legal & Democratic Services
Blyth Valley Borough Council

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Stuart Hardwicke CARRUTHERS left an annotation (31 August 2008)

Dear sir

I anticipate that you are of the House of Gascoine and that it is from this that your title derives.. and that you are known to the members of that house as Paddy (it is actually how the what do they know site processess details).

1) hopefully you will be identifying if your Council makes pension contributions to the Elected representatives and covers them through its insurance and / or allows them access to the Council's pension fund (i.e. total cost of Cllrs) - some Council's it is understood do, and that this has implications for their independence.

The LGO has no responsibility for determing the functionality of a Council complaints system in relation to the merits of the decisions that it takes. There are as identified two components - merits and administration. They are different.

If the Blyth Valley Council chooses to enter into a contract that binds other Blyth Valley Council's that is an issue for itself. It is my understanding that appointment of the Electoaral Registration Officer and Returning Officer is a personal appointment of the elected representatives. I would very much doubt that new elected representatives that form a new Council would wish to be bound by decisions made by a previous administration, particularly if there has been a change in political control.

The head of paid service is personally responsible for ensuring that the merits of the Council's decisions are correct, and confirm to the rule of Parliament when the Council is acting as both a legislative body and a Court (i.e. in relation to complaints).

You will recognise that the issues in relation to complaints - rely upon a Council solicitor being accountable to the current Council through the democratic system. It is my understanding from the Blyth Valley Web Site that the current Council has not appointed either an Electoral Registration Officer or Returning Officer.. and that this has interesting implications.

I look forward to your response, in view of the fact that it states very clearly that the appointment of the ERO and RO is the personal appontment of Cllrs.

Yours faithfully

Stuart HARDWICKE CARRUTHERS

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From: Bird, Mike

18 September 2008


Attachment Allowances 2005 06.xls
25K Download View as HTML

Attachment Attendances 2006 07.xls
23K Download View as HTML

Attachment Allowances 2007 08.xls
158K Download View as HTML

Attachment Attendance 2005 2006.doc
136K Download View as HTML

Attachment Attendance 2006 07.doc
177K Download View as HTML

Attachment Attendance 2007 08.doc
210K Download View as HTML


______________________________________________
From: Bird, Mike
Sent: 11 September 2008 16:02
To: Gascoigne, Paddy
Subject: Freedom of Information request

<<Allowances 2005-06.xls>> <<Attendances 2006-07.xls>> <<Allowances
2007-08.xls>> <<Attendance 2005-2006.doc>> <<Attendance 2006-07.doc>>
<<Attendance 2007-08.doc>>

Dear Mr Carruthers,
Furthermore to your request of 27 August, please find attached the
additional information requested.
Yours sincerely
Mike Bird

Mike Bird
Committee Services Manager
Blyth Valley Borough Council
Civic Centre
Renwick Road
Blyth
NE24 2BX

Times Best Council - Top 20

* [email address]
( : 01670 542208 (direct-line)
ue: [1]www.blythvalley.gov.uk

Dear Mr Carruthers
Unfortunately some of the information is either not readily available or
collected. I hope you will agree that any management information systems
have to be proportionate, serve a useful purpose and give value for money
for the council tax payer.

I have commented below on what information is collected and readily
available.
Paddy Gascoigne
Head of Legal & Democratic Services
Blyth Valley Borough Council

show quoted sections

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Things to do with this request

Anyone:
Blyth Valley Borough Council only: