Declining to address complaints

K Hodgkinson made this Freedom of Information request to Lancaster City Council

Lancaster City Council did not have the information requested.

From: K Hodgkinson

16 October 2009

Dear Sir or Madam,

The Council's web site says that attempted complaints about the
following are not 'complaints' and that complaints on such matters
will not be addressed:

A matter which is, or could be reasonably be expected to be, the
subject of court or tribunal proceedings, or which is in hands of
the council’s insurers.

Please clarify whence this limitation originates, for example
whether it arises from statutory provision or whether it arises
from an officer decision or whether it arises from the council
constitution etc.. and provide the documentation in question.

Please clarify whether the income level of the complainant is taken
into account in determining whether or not it is reasonable to
expect them to take legal action as opposed to making a complaint.

Please provide whatever information is available about the way in
which this criterion is applied, defined, and further expanded, and
some examples of the sort of action the council might have in mind.

Please clarify whether when refusing to deal with a complaint on
this criterion you inform the would be complainant of the grounds
on which you are refusing to deal with the complaint.

Please clarify whether officers report to the full council the
number of complaints that have been rejected under this criterion
and if not then please explain clearly why not.

How many complaints have in the last three years been rejected
using this criterion, alone or in conjunction with other criteria
from the list?

Thank you

Yours faithfully,

K Hodgkinson

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From: info
Lancaster City Council

16 October 2009

Thank you for contacting Lancaster City Council.

Your email will be forwarded to the appropriate team, who aim to respond
within 5 working days.

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From: K Hodgkinson

15 January 2010

Dear info,

You would appear to be in breach of the law as you have not
responded. Please provide me with relevant background material held
by you in respect of the complaints policy outlined on your web
site.

Yours sincerely,

K Hodgkinson

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From: info
Lancaster City Council

15 January 2010

Thank you for contacting Lancaster City Council.

Your email will be forwarded to the appropriate team, who aim to respond
within 5 working days.

UK businesses use up 2 million tonnes of paper each year. Think before you
print this email - do you really need to? Thank you.

An Investor in People/Positive about Disabled People DISCLAIMER:
[1]DISCLAIMER:

References

Visible links
1. http://www.lancaster.gov.uk/general/disc...

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From: Moss, Dawn
Lancaster City Council

15 January 2010

Dear Mr Hodgkinson,

I apologise for out late reply to your request, unfortunately the
original request would have been passed to the officer responsible for
that area, therefore, can you please send me details of the original e
mail so that I can chase this matter up.

Many thanks and kind regards,

Dawn Moss
Customer Services Team Leader
Information & Customer Services
Lancaster City Council
Town Hall
Lancaster LA1 1PJ

Tel: 01524 582566 (direct)
[mobile number]
email: [email address]
www.lancaster.gov.uk

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From: K Hodgkinson

16 January 2010

Dear Moss, Dawn,

16 October 2009
Dear Sir or Madam,

You imply the original request was somehow lost and you cannot
follow it up without a copy. This is odd since the original is on
line already. But since you asked here it is again with the follow
up I sent, which was also not responded to.

The Council's web site says that attempted complaints about the
following are not 'complaints' and that complaints on such matters
will not be addressed:

A matter which is, or could be reasonably be expected to be, the
subject of court or tribunal proceedings, or which is in hands of
the council’s insurers.

Please clarify whence this limitation originates, for example
whether it arises from statutory provision or whether it arises
from an officer decision or whether it arises from the council
constitution etc.. and provide the documentation in question.

Please provide any background documentation on this eg briefings,
reports, minutes, etc. I can't find any on the web site.

Please clarify whether the income level of the complainant is taken
into account in determining whether or not it is reasonable to
expect them to take legal action as opposed to making a complaint.

Please provide whatever information is available about the way in
which this criterion is applied, defined, and further expanded, and
some examples of the sort of action the council might have in mind.

Please clarify whether when refusing to deal with a complaint on
this criterion you inform the would be complainant of the grounds
on which you are refusing to deal with the complaint.

Please clarify whether officers report to the full council the
number of complaints that have been rejected under this criterion
and if not then please explain clearly why not.

How many complaints have in the last three years been rejected
using this criterion, alone or in conjunction with other criteria
from the list?

Thank you

Yours faithfully,

K Hodgkinson

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info

Yours sincerely,

K Hodgkinson

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From: Hurst, Tracey
Lancaster City Council

22 January 2010

Dear Sir/Madam,

With reference to your FOI request regarding the Councils complaints
procedure.

The Freedom of Information Act relates to recorded information held by the
Council, I am able to provide this where it exists and details of this
follow. I am not able to offer opinions on why the Council, or officers
employed by the Council, may or may not take specific actions, unless
these actions are recorded in some form, in which case I have detailed
them below.

I can advise that the criteria for accepting formal complaints was
developed several years ago and we no longer hold any documentation that
advises how the criteria was decided upon.

We have one complaint on file which was rejected on the basis that the
matter was likely to be the subject of court proceedings. The complainant
was advised of the reason why the complaint had been rejected.

There has not been a report to full council regarding the rejection of
complaints on the criteria specified.

If you are not happy with this response please contact me in the first
instance. If you are still not satisfied you have the right to ask for an
internal review of the decision. This will be dealt with by the Head of
Legal and Human Resources. If your appeal is not resolved you would then
have the further right to appeal to the Information Commissioner for an
independent review.

Regards,

Tracey Hurst

Transformation Manager

Information and Customer Services

Lancaster City Council

Town Hall

Dalton Square

Lancaster

LA1 1PJ

t: 01524 582091

f: 01524 582171

e: [1][email address]

w: [2]www.lancaster.gov.uk

UK businesses use up 2 million tonnes of paper each year. Think before you
print this email - do you really need to? Thank you.

An Investor in People/Positive about Disabled People DISCLAIMER:
[3]DISCLAIMER:

References

Visible links
1. mailto:[email address]
2. http://www.lancaster.gov.uk/
3. http://www.lancaster.gov.uk/general/disc...

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Trevor R Nunn left an annotation (21 April 2010)

Thinking of submitting a complaint about Lancaster City Council to the Local Government Ombudsman?

http://lgowatcher.blogspot.com/2010/04/c...

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