function council

Dear Mr Carruthers

Thank you for your request for various information. Your request was
received on Saturday 23 August 2008 and is being dealt with under the
terms of the Freedom of Information Act 2000.

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 the
information will not be released. You will be informed if this is the
case.

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 this information. This will be considered
and you will be informed if this is the case. 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 about this letter, please contact me. Further
information is available from the Information Commissioner (Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, telephone: 01625 545700, fax 01625 524510).

Yours sincerely

Ann Spike
Chairman's Secretary
Lewes District Council
Lewes House
32 High Street
Lewes BN7 2LX

Tel: 01273 484112

Dear Sir

Further to your email of 23 August 2008, set out below is the information
you requested under the Freedom of Information Act :

1 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.

We do not have records of the information requested.

2 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.

Each year the Council publishes a 'Budget Book' which sets out a detailed
analysis of the expenditure and income in respect of each of our services,
including administrative costs. The Budget Book can be downloaded from our
website at [1]www.lewes.gov.uk/council/4053.asp.

3 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.

Complaints panels where complaints were formally considered by an elected
representative were held as follows :
Six in 2005/06 Seven in 2006/07 Four in 2007/08

4 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.

The resolution of a complaint is not necessarily a decision that the
Executive acted wrongly. Attached is a brief statement of the decision in
each case considered though without any facts that could identify the
complainant. No staff ceased to be employed by the council as a direct
result of a complaint.

5 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.

The answer is contained in the statement reference complaints determined
by a Complaints Panel.

6 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).

Although the Ombudsman was involved in some correspondence concerning a
case decided by Complaints Panels he did not award any compensation beyond
what was authorised by the relevant Complaints Panel.
OmbudsmanOmbudsmanOmbudsmanOmbudsmanOmbudsmanOmbudsmanOmbudsmanOmbudsmanOmbudsmanOmbudsmanOmbudsmanIn
those cases where he was involved the Ombudsaman accepted the settlement
offered by the Council.

7 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).

We do not have records of the information requested.

8 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.

Please refer to the 'Budget Book' mentioned in answer to question 2 which
also contain details of the Council's staffing numbers and total salary
costs. In addition, you are able to find in the Council's annual
'Statement of Accounts ([2]www.lewes.gov.uk/council/4055.asp) details of
the remuneration received by Council officers. We do not give information
relating to individual staff salaries. The Chief Executive received the
same national pay award as other staff. The Council does not pay
performance related pay.

9 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.

This is a rhetorical statement that does not require an answer.

10 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.

Our complaints system has been endorsed by the Ombudsman as fit for
purpose. Details of it are on our website. The other information
referred to in this paragraph can also be found on our website.
I hope this answers your questions satisfactorily. If, however, you are
unhappy with the way the District Council has handled your request you may
ask for an internal review. In the first instance you should contact Alan
Batty, Head of Democratic Services, Lewes District Council, Lewes House,
32 High Street, Lewes, BN7 2LX or email [3][email address].

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
FOI/EIR Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

email: [4][email address]/[email address]
web: informationcommissioner.gov.uk
telephone: 01625 545745

Yours sincerely

Ann Spike
Chairman's Secretary
Lewes District Council
(Tel. 01273 484112)

References

Visible links
1. http://www.lewes.gov.uk/council/4053.asp
2. http://www.lewes.gov.uk/council/4055.asp
3. mailto:[email address]
4. mailto:[email address]/[email address]