Council Functions

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

Dear Sue Fairs-Browning,

Many thanks for your reply. There are only two issues that are not
fully answered.

1.. who are the Council's (as identified in s2 of the Local
Government Act, 1972) current Electoral Registration officer, and
Electoral Returning Officer (local and parliamentary).. as
identified through the representation of the people's act 1983..

2.. what was the date of their appointment to these positions.

I'm not at all sure if the Local Government Ombudsman is
responsible for identifying if your complaints system is fit for
purpose.. that responsibility is for the Council. The LGO appears
to have commented on your proposals for your complaints system in
2007 and then in 2008 identified that there were still flaws..
through two local settlements. My understanding is that the Council
is responsible for its own systems and decisions (and any flaws in
these).. However, I could be wrong..

My understanding is that the LGO also identified that the Council
had breeched FoI (23 days to respond to their office rather than
20).. the LGO is not responsible for FoI.. (and their requirements
in relation to service standards can be different) to those
required by other law.. (i.e. 20 days under FoI)... You appear to
be a lot better than some... However.. it does not disguise the
fact that there are still failings..

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Sue Fairs-Browning,

Many thanks for your prompt reply. I don't think that Ian Sumnall
can be the Council's Electoral Registration or Electoral Returning
Officer if appointed in 1992.. There have as they say been a large
number of Council's since 1992..

s2(2) of the Local Gov Act 1972 states: 'For every district there
shall be a council consisting of a chairman and councillors and the
council shall have all such functions as are vested in them by this
Act or otherwise.'

If the Cllrs (Council's) don't appoint an ERO and RO the Council's
legal advisers don't owe a duty of care to the Council or their
constituents.. I'm sure that you get the drift.

Could you check your records and determine if Ian Sumnall is
actually the electoral registration officer and returning officer..
It is anticipated that the Monitoring Officer might have produced a
report.. It is anticipated that information might inadvertently be
being with-held.

Yours sincerely,

Stuart Hardwicke Carruthers