Dear Sir or Madam,

In about May 2007 political control of the South Norfolk District
Council changed, and a new Council was elected.

Please provide a copy of the new Council's decision to appointment
an Electoral Registration Officer and Returning Officer (local).
Please further identify if this statutory requirement is contained
in the Council's constitution - or documents associated with this
document.

Please additionally provide any identification by the Council
and/or advice provided that such an appointment was not needed.

Yours faithfully,

Stuart Hardwicke Carruthers

Thank you for your request which is being considered. You may be aware that we have 20 working days in which to respond to FOI requests and you will therefore hear from me again by 1 October 2008 or earlier if possible.

For your information, the Act defines a number of exemptions, which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then some or all of the information may not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

There may be a fee payable for ‘reasonable disbursement’ costs such as postage and photocopying. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.

If you have any queries or concerns then please let me know. If you do contact us again concerning this request, please quote FOI 08-137.

Joanna Kitchener
Scrutiny and Information Rights Manager
South Norfolk Council
Long Stratton, Norwich
NR15 2XE
01508 533602
www.south-norfolk.gov.uk

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Dear Mr Carruthers

Further to your FOI request below, I am now in a position to reply.

You have requested a copy of the new Council's decision to appoint an Electoral Registration Officer and Returning Officer. I should advise you that under section 1 (1) (a) of the Freedom of Information Act, we must inform you whether we hold the requested information or not. I should advise you that this Council does not hold any such decision as there was no requirement for the new Council to appoint a new Electoral Registration Officer or Returning Officer. I am unable to provide this information as it does not exist.

Similarly, I cannot provide the advice that such an appointment was not necessary as, as far as I can ascertain, no such advice was given and thus this Council does not hold this information..

Joanna Kitchener
Scrutiny and Information Rights Manager
South Norfolk Council
Long Stratton, Norwich
NR15 2XE
01508 533602
www.south-norfolk.gov.uk

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Dear Right2Know,

Internal Review is requested.

It clearly identifies in s2 of the Local Government Act 1972 what
constitutes a Council. The act further identifies that the Council
(and Cllrs) needs to be elected according to the Representation of
the People Act.

The representation of the People Act clearly states that it is a
duty of a Council to appoint an Electoral Registration Officer, and
two returning officers (local and parliamentary).

It is very clear that the records should exist.

In December 2002 the problems the Council faced in relation to both
were debated by the Council. There should be a Monitoring Officer
report in relation to Fuller's Council having failed to appoint
one, and also one in relation to Clifford Jackson's failure, as
well as a monitoring officer report in relation to Carden's Council
failure (THIS WAS ADMITTED). A copy of the Monitoring Officer's
reports are requested... as well as any delegation to the officers
that neither an ERO and/or a RO should not be appointed by the
Council.

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

Dear Mr Carruthers

It would appear that you have misunderstood the purpose of the internal review panel in relation to FOI requests. Perhaps if I explain the situation, this may assist you.

When a request for recorded information is refused using an exemption as laid out in the Freedom of Information Act 2000, then the requester has the right of appeal against that decision. The first stage of that appeal process is to request that the public body refusing the information convenes an independent panel to examine the decision and the reasons behind it. They will then either uphold the decision and refuse to supply the information, or overturn the decision and release the information. If the first course is followed and the information is still not released, then the requester may appeal to the Information Commissioner.

Under the request for information which has been given the identifier FOI 08-137, you have asked for reports which I have advised you do not exist. I have therefore not refused to supply any information to you and thus it is not possible for a internal review to be convened to examine the refusal, as there has been no refusal. No action will therefore be taken on your email.

I should advise you that I now consider your repeated communications on this subject of the Electoral Registration Officer to be vexatious and the reason is that you have been corresponding on many, many occasions on this subject over a period of 6 to 7 years. I will therefore not be responding to any more requests for information relating to this subject.

Should you wish to take this matter further, you will need to contact the Information Commissioner whose details are as follows:

Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Tel: 01625 545745
Email: [email address]
Website: http://www.ico.gov.uk/

Joanna Kitchener
Scrutiny and Information Rights Manager
South Norfolk Council
Long Stratton, Norwich
NR15 2XE
01508 533602
www.south-norfolk.gov.uk

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Dear Right2Know,

I acknowledge that the South Norfolk District Council hold no
records related to the appointment of either an Electoral
Registration Officer and/or Returning Officer(s), and that as such
they have not been appointed by any Council after the one of which
Carden was a member, when he identified on the advice of the
Council's solicitor that it was a bagatelle..

I have acted on the information that you have supplied accordingly.
I would further draw your attention to s5(2) of the Local
Government and Housing Act, 1989.

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Sir or Madam,

This should have related to the Council that CARDEN was leader of..
as there have been several more Council's subsequently.. it is very
clear that there has been a breech of elected members codes, and
also a failure by both the Monitoring Officer and Solicitor to the
Council.. (as there is no doubt that since December 2002.. everyone
has been aware of the problem)..

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Right2Know,

It is acknowledged that you have no records identifying either an
electoral registration officer or returning officers by the
Council(s).

Many thanks for your reply. Doubtless the current Council will be
recalling the decision made by the members of their local
association in about December 2002.

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Right2Know,

You are late in responding.

The issues are with the ICO... and it is acknowledged that there
appear to be failures with your document management systems... and
what appears to be a clear breach of s46 of the FoI.

Complaint has also been made to the Norfolk County Council, and the
Cllrs who hold positions with both Council's have been identified
as knowingly and deliberately breaking the members code of conduct.

It is surprising that the Council's monitoring officer has not
already identified and brought the breach to the attention of the
Council and requested the members to take immediate corrective
actions.. these should be painful. Complaint has been made to the
SNDC Monitoring Officer wrt this issue.

How can there be a Council... ????

Yours sincerely,

Stuart Hardwicke CARRUTHERS