FoI Authorization

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Department for Communities and Local Government

The request was successful.

From: Stuart Hardwicke CARRUTHERS

18 December 2008

Dear Sir or Madam,

On about 28 October 2008 Nigel Karney Deputy Chief Executive and
Secretary to the Commission for Local Administration in England an
organisation that identifies itself as an independent Statutory
Body identified that he had been authorized by Department of
Communities and Local Government ['DCLG']to apply the public
interest test in relation to FoI requests.

Please provide a copy of the authorization, and clarification if
DCLG would wish to interfere in this way with the work of an
Independent Statutory Body.

Yours faithfully,

Stuart Hardwicke CARRUTHERS

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From: Martin Harding
Department for Communities and Local Government

31 December 2008

Attachment 081231 P0002887 clarification letter.doc
633K Download View as HTML

Attachment 061027 updated DCLG AtoI.pdf
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<<081231 - P0002887 - clarification letter.doc>> <<061027 updated DCLG
AtoI.pdf>>
Dear Mr Carruthers

Please see the attached letter which seeks clarification of your request
for information of 18 December.

Martin Harding
FOI Advice Team
Knowledge Management Division
D/06 Ashdown House
Hastings
Tel: 0207 944 (GTN 3533) 8583

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Stuart Hardwicke CARRUTHERS

31 December 2008

Your Reference P0002887

Dear Sir or Madam,

Many thanks for your letter dated 31 December 2008.

A copy of the letter from the Local Government Ombudsman claiming
s36 exemption on behalf of the Secretary of State Communities and
Local Government is here:

http://www.whatdotheyknow.com/request/27...

The issues are already with the Information Commissioner and a
dossier was forwarded on about 13 December 2008

On 22 December one of the Local Government Ombudsman (Jerry WHITE)
identified that they endorsed KARNEY's claim of a s36 exemption.

http://www.whatdotheyknow.com/request/27...

It is believed that there is no exemption covering any of the
information held by the Commission for Local Administration in
England.

There has been an additional issue raised with DCLG and this
relates to the failure of the Local Government Ombudsmen to
undertake a 2006 Triannual Review of their activities, despite this
being identified as being needed by a 2005 Select Committee. DCLG
have identified that they gave no authorisation to the LGO or the
CLAE not to undertake the 2006 Statutory Triannual Review.

The LGO's and CLAE appear to be in a state of disarray. Doubtless
the Minister will be requiring clarification from the LGO's and
reporting what appears to be their wrongful use of s36 to the
Crown. Could DCLG and their minister confirm that this will be the
case.

Hopefully, this provides the required clarification.

The issues are very straightforward.

The CLAE for the second time have stated that a record is held by
the DCLG, and that they are basing their activities on information
held by DCLG. There are only two possible outcomes:

1 The DCLG don't hold the information and the CLAE and LGO have
brought the Minister and their Department into disrepute;

2 The DCLG do hold the information and the CLAE and the LGO are
under the direct control of the DCLG and their Minister.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Martin Harding
Department for Communities and Local Government

5 January 2009

Dear Mr Carruthers

Thank you for your reply below, and our prior telephone conversation, providing clarification of your request. I am now taking your request to be for information providing evidence of any authorisation from a Minister in Communities and Local Government to any post-holder in the LGO which allows the holder of that post to act as a "qualified person" for the purposes of section 36 of the FOI Act.

I will now pass your request to colleagues in the Department's Local Governance Division to deal with and to inform you who will be handling the request should you wish to contact the Division about this at any point. You can now expect to receive a response to your request by 30 January.

Regards

Martin Harding
FOI Advice Team
Knowledge Management Division
D/06 Ashdown House
Hastings
Tel: 0207 944 (GTN 3533) 8583

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From: Stuart Hardwicke CARRUTHERS

16 March 2009

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Department for
Communities and Local Government's handling of my FOI request 'FoI
Authorization'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/fo...

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Juliet Tomlin
Department for Communities and Local Government

15 May 2009

Dear Mr Carruthers

REQUEST FOR INTERNAL REVIEW

We are in receipt of a request in which you seek a review of the response
provided by Communities and Local Government to your request for
information under the Freedom of Information Act.

The review will be considered Aunder the Department's internal review
procedures. A full re-evaluation of your request will be undertaken.

I will today allocate this request to an Internal Review Officer and you
should receive a reply by 15th June 2009.

Yours sincerely

Juliet Tomlin
FIOAT
DCLG
020 7944 8226

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Juliet Tomlin
Department for Communities and Local Government

12 June 2009

Dear Mr Carruthers

I would like to update you on the progress made on your request for
Internal Review of the above requested made under the FOI Act. The
Internal Review Officer has now had chance to look at the papers concerned
and being of the opinion that they are very complex, she has applied and
been approved for a time extension to allow for the complexity involved.
The new date by which you should have a reply is 14th July 2009.

Yours sincerely

Juliet Tomlin
FIOAT
DCLG
020 7944 8226

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

Trevor R Nunn left an annotation (12 June 2009)

The issue is simple enough. The truth is that the LGO can't think of a legitimate excuse, hence their delaying tactics.

Link to this

T Thomas left an annotation (12 June 2009)

If the LGO were the independent body they argue they are, Karney would not need the government's authorisation to apply a public interest test.

Now all the LGO need is time to dig themselves out of the hole that Karney put them in. To do that they need time....so they delay...delay...delay.

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From: Jaspal Roopra
Department for Communities and Local Government

10 July 2009

Attachment Carruthers final.doc
84K Download View as HTML

Dear Mr Carruthers,

Please find attached my reply in relation to the above query.

<<Carruthers final.doc>>
Thank you

Jaspal Roopra

Jaspal Roopra
HR Business Partner
Communities & Local Government
Eland House
Bressenden Place
D2, Fourth Floor
London
SW1E 5DE

Tel: 0207 944 5238
[mobile number]

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Stuart Hardwicke CARRUTHERS

10 July 2009

Dear Sirs,

I am very confused. I am aware that my request became very
complicated. I am not at all sure why. In response to another FOI
request it would appear that only the Local Commissioners and the
Secretary of the CLAE are able to exercise powers
(http://www.whatdotheyknow.com/request/tr...).

This is identified in a letter from the Minister dated 18 June
2009. However, your letter identifies that only the LGO's and their
deputies are authorized.

Could you provide clarification as to why DCLG has different
records, and what identify what is the actual situation.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Richard Smith
Department for Communities and Local Government

13 July 2009

Dear Mr Carruthers

I am replying on behalf of Jaspal Roopra who is now away from the office
for the next week.

You appear to have misunderstood the exact import of Jaspal's statement
where she refers to "a business case from the Local Government Ombudsman
(LGO) to increase the number of qualified persons i.e. all commissioners
and their deputies". This was only a proposal from the Local Government
Ombudsman. In the event and in the light of the revised policy guidance
from Ministry of Justice referred to in Jaspal Roopra's letter, the extent
of this suggested authorisation was found to be unacceptable and not in
conformity with the tenor of section 36(5)(o) of the Act.

The earlier response you received contained the correct information: I can
state categorically that the authorisation from the Minister restricts the
qualified persons for the Commissioner for Local Administration in England
to the three Ombudsmen and the Secretary. This is clear from the letter
of authorisation from the Minister to Mr Tony Redmond Chair of the
Commission for Local Administration, of 18th June which was attached
090618 LGO FOI S36 Letter.tif to Vanita Patel's reply to you of 26th
June.

Yours sincerely

Richard Smith (10/07)

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Things to do with this request

Anyone:
Department for Communities and Local Government only: