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 Mr Caruthers

I respond to your enquiry as follows:

Service complaints - Elected Councillors hold a public office and are not employed by the Council. Councillors are not involved in resolving service complaints although they do receive an annual update on the number of complaints received etc. These reports can be accessed via the Council's website www.dartford.gov.uk

Committees - I will respond to you shortly with the statistical information.

Political Parties - This information is not held by the Council.

Ceremonial duties (Councillors)- this information is not recorded by the Council.

Members' Allowances - I will respond to you shortly with the information. The Members' Allowances Scheme can be accessed via the Council's website www.dartford.gov.uk

Service complaints against staff - please refer to the annual complaints reports which may be accessed via the Council's website www.dartford.gov.uk No staff were dismissed.

Compensation - I will respond to you shortly with the information.

LGO and compensation - I will respond to you shortly with the information.

Cost of administering the complaints system including FOI and DP - There is no specific cost centre allocated to these functions as these functions are absorbed into the day to day job responsibilities of staff.

Total number of staff and pay increases - You will receive a response to this enquiry in due course.

Complaints system - I am unclear about your reference to a complaints system which is not fit for purpose. The complaints system may be accessed via the Council's website www.dartford.gov.uk

Political party in control - Conservative Group - refer to the Council's website www.dartford.gov.uk for information on Councillors.

ERO and RO - appointed by the Council and not political parties/groups. Mr Graham Harris (date of appointment to be notified in due course). Mr Harris is the Head of Paid Service - please refer to the Council's website www.dartford.gov.uk for information on the management structure.

LG Act - Do you mean the Local Government and Housing Act 1989? I am totally unclear as to why Mr Harris would identify that he personally does not believe it to be appropriate for the Council to have a complaints system that is fit for purpose.

I have dealt with most of your enquiry outside the FOI formal procedure as much of the information you seek is published under the Council's FOI Publication Scheme.

Yours sincerely
Marie Kelly-Stone
Head of Legal Services

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Dear Marie Kelly-Stone,

Following your note, I have just conducted a search of the Dartford
Web site and am unable to find any reference to an annual report
related to complaints or their monitoring, let alone statistics.

It is my understanding that Cllrs are paid to hold the position of
Cllr.. indeed it is further my understanding that Cllrs are able to
join a local authority pension scheme.. In a 'normal' world this
would be identified as employment.. not an allowance or honorarium.
Allowances and/or wages don't need to be claimed by those
entitled.. (and I am aware that some Cllrs don't claim their
allowances).

The ERO and RO it is agreed are appointed by a Council.. However,
Council's change when there is a change of control (aka EC
following resignation by Cresson).. There are normally reasons why
there is a change in political control.. this is normally related
to service failure.. and is why a Council is required to reaffirm
personally that they have trust and confidence in the ERO and RO..
It is their personal appointment.. This due to the way party
politics operates tends to be a political appointment. It will be
interesting to see if Mr Harris was actually appointed by the
current Council.

Would I further be correct in my assumption that Dartford doesn't
have the foggiest what the elected representatives actually do ? -
and if they provide value for money in resolving complaints against
the Council for their constituents. That is my current conclusion.

Would I further be correct as you have sought to answer part of the
questions posed outside of FoI that the Council has no complaints
monitoring in place (service and on the merits)... and that there
is no management control of this process (by either the elected
representatives or head of paid service). This appears to be
implied in your response. This is also my conclusion based on your
response.

I would have thought that your CEO would have taken a report to his
employers identifying that he believed that this was a good idea
not to have any management control (accountability) wrt complaints
against the Council. However, again I am unable to find the
document on your web site. The LG Act 1989 is the Local Government
and Housing Act.. it identifies the role of the Head of Paid
Service.. There appear to be a plethoria of systems established
with relation to complaints at Dartford.. (with different
jurisdictions.. i.e. Valuation Tribunal, Planning Inspectorate,
Ombudsman, Information Commissioner, as well as others including
the Council's own) however.. I would anticipate that it is then for
the Council's solicitor to determine on the merits if the
complaints are justified.. although sometimes this is identified by
the Secretary of State through their Planning Inspectorate and/or
Valuation Tribunal or one of the other tribunals established by
government.. variation in decision implies (i.e. changing them)
that the Council's solicitor and/or the professional decision made
was wrong..

It is additionally noted that you appear to have acted well in
relation to an Information tribunal.

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

I am out of the Office until Monday 25 August.

[Subject only] RE: Freedom of Information request - council functions

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Dear Mr Caruthers,

I am responding to some of your other questions.

The Council has a duty to keep its accounts in accordance with accounting best practice and in particular the CIPFA (Chartered Institute of Public Finance and Accountancy) accounting code of practice. I am not sure what your definition of administrative costs is but I am sure you will find what you want in our statement of accounts or budget. These can be accessed on the website. Click on "Council" and you can select from a list on the right of the screen. The 2007/8 statement of accounts will be uploaded onto the website in September after sign off from the external auditor.

The number of staff (full time equivalent) was 409 in 5/6, 377 in 6/7 and 385 in 7/8.

The pay increase awarded to all staff including the Head of Paid Service in all three years was 3.0%.

The salary and any other payment made to the Head of Paid Service is shown in the accounts in bands as required by the accounting code.

The bands were:

5/6 - £100,000 - £110,000
6/7 - £110,000 - £120,000
7/8 - £110,000 - £120,000

Steve Brooks

Head of Finance and Resources

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Information relating to the request on compensation:

2005/2006

Council Tax complaint - Council paid £300 compensation

Damage to car complaint - Contractor paid £50, Council paid £100 compensation

Housing maintenance complaint - Council paid £60 compensation

2006/2007

Compensation claim for child injured in Central Park - referred to Insurers

Noise related complaint - Ombudsman asks for £250 compensation payment to be made

Parking attendant incident - Council paid £100 compensation

Garage keys complaint - Council gave 2 months free garage rental

Incorrect advice from Development Control - £250 compensation paid

2007/2008

Scratched car - Referred to contractor's insurers

Mishandled garage rent payments - Council gave 2 weeks free garage rental

Issues associated with new kitchen installation - Contractor paid £200 compensation

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Dear Marie Kelly-Stone,

Many thanks.. was there compensation tied to the Local Settlements
? and was this met?

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

Dear Mr Carruthers
All compensation recommendations from the local government ombudsman were met.

Best wishes

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Dear Mr Carruthers
We went over to an electronic monitoring system in 2006 which has made it easier for us to compile the information you are seeking. It will not be as easy to compile the statistical information for 2005 and may well cost in excess of £450 if you were to pursue this element of your enquiry. Please let me know how you wish to take this forward.

Best wishes
Marie Kelly-Stone

Dear Marie Kelly-Stone,

That is fine, is it possible to have an estimate for 2005.

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

Dear Mr Carruthers
Please find attached the attendance stats for 2005-2006. These are indicative only as we were working to a manual system at the time.
Best wishes
Marie Kelly-Stone

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Dear Marie Kelly-Stone,

I am totally impressed with Dartford's FoI function... and from a
user's perspective have a feeling that it is the best in the
country.

Yours sincerely,

Stuart Hardwicke Carruthers

I am out of the Office until Tuesday 9 September.

Thank you Mr Carruthers. Your comments are much appreciated.

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