function council

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Luton Borough Council

Waiting for an internal review by Luton Borough Council of their handling of this request.

From: Stuart Hardwicke CARRUTHERS

23 August 2008

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

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From: Stuart Hardwicke CARRUTHERS

28 September 2008

Dear Sir or Madam,

Response overdue. Under the Freedom of Information Act you should
have replied by now, and are breaking the law.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Stuart Hardwicke CARRUTHERS

17 December 2008

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 Luton Borough
Council's handling of my FOI request 'function council'.

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

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Brown, Barry
Luton Borough Council

23 December 2008


Attachment foi236 response cover letter.doc
36K Download View as HTML

Attachment FOI 236 a Response.docx
18K Download View as HTML


Mr Hardwicke Carruthers
Many apologies for the delay in responding to your request.
Please find attached a letter which explains that three sections of your
request which will be refused because of the time it would take to
respond.

There is also a copy of your original request with responses next to each
request to which we can respond.
<<foi236 response cover letter.doc>> <<FOI 236 a Response.docx>>
With regard to your final paragraphs the council is satisfied that it's
complaint system is robust and fit for purpose
Barry Brown
FOI Coordinator
Chief Executive's Dept.
01582 547212

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From: Stuart Hardwicke CARRUTHERS

23 December 2008

Dear Sirs,

I have just reviewed your response. Firstly response.docx is not
openable.

Secondly, I can understand that you don't monitor elected
representatives... and it would have been very easy to state this
at zero cost.

However, I can see no good reason as to why you identify that you
are not able to respond to:

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.

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).

It is my understanding that in 2008/2009 the Ombudsman has made
three 3MI reports against Luton requiring expense of about £49,000
as well as recommending substantial changes to procedures, and
machinery. Please provide the required responses - or continue to
take the issues through your internal system as part of the Claim
for Internal Review.

The issues can then progress to the ICO if needed.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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Things to do with this request

Anyone:
Luton Borough Council only: