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 submitting a Service Request to Braintree District Council. Your request is currently being processed.

We may need to contact you by e-mail or phone should we require any further information regarding your service request. Your reference number is 1-6IF1E. This can be used to track the progress of your request.

Regards,

Customer Service Centre
Tel: 01376 552525
Email: [Braintree District Council request email]

show quoted sections

Dear Mr Carruthers,

I write in respect of your freedom of Information request seeking the release of information held by Braintree District Council. For ease of reference your original request has been repeated followed by the Council's reply in italics.

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;

Braintree District Council

Braintree District Council's complaints system involves the "Elected Representatives" at the Final (third) stage of its Complaints procedure. The Elected Representatives are the Chairman and Vice Chairman of the Council.

The Information the Council holds does not record the length of time each Elected Representative spends on their duties only their attendance. In respect of this part of your question the Council holds the following information:-

The Chairman and Vice Chairman of the Council dealt with the following number of Stage 3 complaints;

2005/06 4
2006/07 3
2007/08 3

2 sitting on committees;

Braintree District Council

The Information the Council holds does not record the length of time each Elected Representatives (members) spends on attending committees.

The Council does hold information on Member attendance at Committees for 2005/06. 2006/07 and 2007/08, however we have estimated that the cost of complying with your request in this respect would be £500 and therefore exceeds the appropriate limit under the Freedom of Information and Data Protection (Appropriate Limit and fees) Regulations 2004. You may wish to consider narrowing the scope of your request to a more specific area in Order to fall below the appropriate limit.

The Minutes of the Council's Committees record which Members attended and these are available on the Council & Democracy page of the Council's website www.braintree.gov.uk.

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);

Braintree District Council

With regard to acting for Political Parties, the Council holds no information. This information may be held by the Political groups.

With regard to ceremonial duties, the Council only hold information relating to the Chairman and Vice Chairman of the Council attendance at ceremonial duties. The Council does not hold information for other Elected Representatives who attend ceremonial duties as ward members.

The Chairman and the Vice Chairman attended the following number of ceremonial duties;

2005/06 Chairman 149 Vice Chairman 16
2006/07 Chairman 58 Vice Chairman 44
2007/08 Chairman 126 Vice Chairman 46

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.

Braintree District Council

Information on Member Allowances is available from the Council's Annual Statement of Account, which is published on the Council's website, www.braintree.gov.uk However as you have requested expenses to be included in the total amount paid to Members, which is not included in the Annual Statement of Accounts the information has been provided as per your request.

Total Member Allowances & expenses

2005/06 2006/07 2007/08

£341,928 £403,255 £410,903

The total number of Elected Representatives for Braintree District Council is as follows:

2005/06 60
2006/07 60
2007/08 60

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.

Braintree District Council

The total number of Complaints received by Braintree District Council for the following years:

2005/06 761
2006/07 580
2007/08 496

The Chairman and Vice Chairman of the Council dealt with the following number of Stage 3 complaints:

2005/06 4
2006/07 3
2007/08 3

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.

Braintree District Council

Number of Complaints against the Executive, which the Elected Representatives to formally identify wrong doing by the Executive:

2005/06 0
2006/07 0
2007/08 0

Number of Staff ceased to be employed as direct result of a complaint against the Executive:

2005/06 0
2006/07 0
2007/08 0

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.

Braintree District Council

The Council does hold information on how much money the Council has paid to a Complainant through its own complaint system for 2005/06. 2006/07 and 2007/08, however we have estimated that the cost of complying with your request would be £3827 and therefore exceeds the appropriate limit under the Freedom of Information and Data Protection (Appropriate Limit and fees) Regulations 2004. You may wish to consider narrowing the scope of your request to a more specific area in Order to fall below 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).

Braintree District Council

Compensation paid to complainants as a result of an Ombudsman Complaint that the Council has settled locally is as follows:

2005/06 £200
2006/07 £200
2007/08 £200

There have been no formal findings for maladministration by the Ombudsman causing an injustice to complainants for the periods 2005/06, 2006/07 and 2007/08.

It is Braintree District Council's policy to accept Ombudsman findings and implement them in full.

Compensation costs paid to complainants in relation to complaints dealt with through the Council's complaints procedure or as a result of an Ombudsman case is met from the Council's General Fund or the Housing Revenue Account if in respect of a housing complaint.

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).

Braintree District Council

The Council does hold information on the financial cost of administering the Council's complaints system for 2005/06. 2006/07 and 2007/08, however we have estimated that the cost of complying with your request would be £525.00 and therefore exceeds the appropriate limit under the Freedom of Information and Data Protection (Appropriate Limit and fees) Regulations 2004. You may wish to consider narrowing the scope of your request to a more specific area in Order to fall below the appropriate limit.

With regard to the Number of staff employed in administering and resolving complaints, the Council has 1 full time officer (Complaints & Scrutiny Manager) who in addition to other duties oversees and administers the Council's Complaint procedure. In addition to the Complaints and Scrutiny Manager, each Department of the Council has an officer who co-ordinates complaints at stage 1 of the Council's complainants procedure and reports to the Complaints and Scrutiny Manager. There are 10 co-ordinating officers

Freedom of Information and Data Protection is co-ordinated/administered by 1 full time officer in addition to other duties.

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.

Braintree District Council

With regard to the total cost of Administration for 2005/06, 2006/07 and 2007/08, please can you clarify the information you seek so that the Council may assist you with your request. Please can you confirm whether you are seeking the total cost of Administration for the Council?

You may find the Council's Annual Statement of Account of assistance, which can be found on the Council's website www.braintree.gov.uk. The Annual Statement of Accounts for 2005/06 and 2006/07 are currently published on the Council's website and the Annual Statement of Accounts for 2007/08 is due to be published on 30th September 2008. www.braintree.gov.uk.

With regard to the total number of Staff employed by Braintree District Council for 2005/06, 2006/07 and 2007/08, the Council hold the following information:-

2005/06 787
2006/07 775
2007/08 575

With regard the Council's Chief Executive's remuneration, while this information is held by the Council, information for 2005/06 and 2006/07, it is exempt from disclosure under the Freedom of Information Act 2000 as it is accessible to you by other means, namely the Council Statement of Accounts which are available on the Council's website. www.braintree.gov.uk.

With regard to the Chief Executive remuneration for 2007/08 while this information is held by the Council, the Council is of the view that it is exempted from disclosure under s22 of the Freedom of Information Act 2000 as it is information intended for a future publication. This information is due to be published in the Council's statement of Accounts for 2007/08 and will be published on 30th September 2008 and will be available from the Council's website. www.braintree.gov.uk.

If you disagree with the Council's decision in respect of your freedom of information request or are otherwise unhappy with how the Council has dealt with your request in the first instance you may approach Sharon Lowe, Head of Law & Governance in writing at the following address:-

Braintree District Council
Law & Governance
Causeway House
Bocking End
Braintree
Essex
CM7 9HB

Should you remain dissatisfied with the outcome you have a right of appeal under S50 of the Freedom of Information Act to appeal against the decision by contacting the Information Commissioner, Wycliffe House, Water Lane, Wilmslow SK9 5AF, [email address].

Yours faithfully

Emma Wisbey
Governance Lawyer
Ext: 2610
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