January 2008

Dear Sir,

I apologise for our delay in responding to your request(s). I have
contacted the department(s), who are having difficulty sourcing the
information you need, and a response will be sent out forthwith.

Yours sincerely.
Richard Roscoe.

Richard Roscoe.
Data Protection and Information Security Officer.
Sefton Council,
1st Floor, Balliol House,
Balliol Road,
Bootle, Merseyside.
L20 3FF
Tel: 0151 934 4416
Fax: 0151 934 4157
e: [email address]

Please don't print this e-mail unless you have to. It wastes paper and
it can create a security risk.

show quoted sections

Dear Sir,

Re - FOI561 - Complaints to LGO

My apologies for our delay in responding to your request. Our Legal
department have considered your letter and their responses are detailed
below.

Please provide me with details of all complaints to the Local
Government Ombudsman ['LGO'] that have been subject to an
investigation by the LGO and the Council requested to provide
information for the last five years prior to January 2008

01 January 2007 - 31 December 2007 01 January 2006 - 31 December
2006 01 January 2005 - 31 December 2005 01 January 2004 - 31
December 2004 01 January 2003 - 31 December 2003

I would like to know the number of complaints investigated for
each
year. The subject of the complaints, and the outcome of the
investigation (including actions taken by the Sefton Council in
relation to each complaint where the Sefton Council was
identified
either by its own staff, Cllrs or the LGO to have committed a
wrongdoing).

Response - Unfortunately we cannot supply the details or associated
documentation because we do not hold them as the manual file containing
the details was lost earlier this year. I have spoken to the LGO and
they do hold the details. They can be contacted via Jane Burns on
[email address]

I would further like to know how many complaints were made to the
Council itself for each of the above years in relation to the
Gardner Avenue Allotment Site, and how many of the above cases
the
Council has admitted to there having been wrongdoing by the
Sefton
Council.

Response - All relevant information is contained in the Cabinet and
Committee reports (attached) and the LGO Reports set out the situation
in full (also attached).

I would additionally appreciate written clarification as
to which Council Officer admitted on behalf of the Sefton Council
that there had been wrongdoing by the Council. It has been
identified in the press that the Council Solicitor admitted to
about 70 acts of wrongdoing by the Sefton Council about two years
ago.

Response - The Council is not aware of what you are referring to in
this case.

The information requested should all be readily accessible, as it
is base line management data - and shall have been required by
the
Council to monitor the effectiveness of its management systems,
and
if the Council was acting in breach of its own constitution. If
there should be any problems in accessing the data (in
biological,
paper or electronic format) please identify this.

Finally, could you please identify if the Council Solicitor has a
copy of their professional codes, and if they are able to
identify
any breaches of these codes by themselves (number and type) for
the
period between 04 September 2008 and 04 September 2002.

Response - The Legal Director is not aware of any breaches of any
professional code between September 2002 and September 2008.

Please refer any further queries to [email address] .

Regards,
Richard Roscoe.

Richard Roscoe.
Data Protection and
Information Security Officer.
Sefton Council ICT Client.
4th Floor, Merton House,
Stanley Rd, Bootle. L20 3JA.

Tel: 0151 934 4416
Please don't print this e-mail unless you have to. It wastes paper and
it can create a security risk.

<>This message is intended for named addressees only and may contain
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privileged or commercially sensitive information. If you are not a named
addressee
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or take any action
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All e-mail communications sent to or from Sefton Metropolitan Borough
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This message does not create or vary any contractual relationship
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Internet e-mail is not a 100% secure communication medium and Sefton
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Whilst all reasonable care has been taken to ensure that this message is
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accept any responsibility in this regard."

Dear Mr Carruthers.

You have now submitted 4 requests to us around the same subject and
have asked for reviews or raised complaints against all 4 responses. We
are unclear from your responses which individual items of information
have not been provided.

For your information the 4 requests were:

Freedom of Information request 539 - functions council (26/8/2008)
Freedom of Information request 551 - Rejection of Ombudsmans
Recommendation (3/9/2008)
Freedom of Information request 562 - Sefton Council (5/9/2008)
Freedom of Information request 561 - January 2008 (5/9/2008)

We would appreciate a single, simple list of the items that you feel we
have not provided and we shall commence our review as soon as we have
it. For your information I have spoken to the Information Commissioner
and they do not feel that asking you for combined clarification in these
circumstances is unreasonable.

We look forward to your response.

Richard Roscoe.
Data Protection and
Information Security Officer.
Sefton Council ICT Client.
4th Floor, Merton House,
Stanley Rd, Bootle. L20 3JA.

Tel: 0151 934 4416
Please don't print this e-mail unless you have to. It wastes paper and
it can create a security risk.

<>This message is intended for named addressees only and may contain
confidential,
privileged or commercially sensitive information. If you are not a named
addressee
and this message has come to you in error you must not copy, distribute
or take any action
on its content. Please return the message to the sender by replying to
it immediately
and then delete it from your computer and destroy any copies of it.

All e-mail communications sent to or from Sefton Metropolitan Borough
Council
may be subject to recording and / or monitoring in accordance with
current legislation.

This message does not create or vary any contractual relationship
between Sefton
Metropolitan Borough Council and you.

Internet e-mail is not a 100% secure communication medium and Sefton
Metropolitan
Borough Council does not accept responsibility for changes made to this
message
after it was sent.

Whilst all reasonable care has been taken to ensure that this message is
virus-free,
it is the recipient's responsibility to carry out virus checks as
appropriate and ensure
that the onward transmission, opening or use of this message and any
attachments will not
adversely affect their systems or data. Sefton Metropolitan Borough
Council does not
accept any responsibility in this regard."

Dear Mr Carruthers,

Regarding:

Freedom of Information request 539 - functions council (26/8/2008)
Freedom of Information request 551 - Rejection of Ombudsmans
Recommendation (3/9/2008)
Freedom of Information request 562 - Sefton Council (5/9/2008)
Freedom of Information request 561 - January 2008 (5/9/2008)

At your request the Council has reviewed our response and we feel that
we have already answered your request to the best of our ability, and
that we have also explained our position regarding the records we do not
hold.

If you have any queries or concerns regarding our handling of your FOI
request then please contact the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545 700
www.informationcommissioner.gov.uk

More general complaints should be referred to the Local Government
Ombudsman.

Regards,
Richard Roscoe.

Richard Roscoe.
Data Protection and
Information Security Officer.
Sefton Council ICT Client.
4th Floor, Merton House,
Stanley Rd, Bootle. L20 3JA.

Tel: 0151 934 4416
Please don't print this e-mail unless you have to. It wastes paper and
it can create a security risk.

show quoted sections

Dear Mr Carruthers,

In answer to your questions,

Question: Does the Council Solicitor (Legal Director) has a copy of the
Solicitors' Professional Codes.

Answer: Yes.

Question - .... is the Council Solicitor able to identify any breaches
of these Codes by themselves (number and type) for the period between
4th September, 2008 and 4th September, 2002" -

Answer - No such breaches identified.

I trust this is sufficient for your purposes.

Richard Roscoe.
Data Protection and
Information Security Officer.
Sefton Council ICT Client.
4th Floor, Merton House,
Stanley Rd, Bootle. L20 3JA.

Tel: 0151 934 4416
Please don't print this e-mail unless you have to. It wastes paper and
it can create a security risk.

<>This message is intended for named addressees only and may contain
confidential,
privileged or commercially sensitive information. If you are not a named
addressee
and this message has come to you in error you must not copy, distribute
or take any action
on its content. Please return the message to the sender by replying to
it immediately
and then delete it from your computer and destroy any copies of it.

All e-mail communications sent to or from Sefton Metropolitan Borough
Council
may be subject to recording and / or monitoring in accordance with
current legislation.

This message does not create or vary any contractual relationship
between Sefton
Metropolitan Borough Council and you.

Internet e-mail is not a 100% secure communication medium and Sefton
Metropolitan
Borough Council does not accept responsibility for changes made to this
message
after it was sent.

Whilst all reasonable care has been taken to ensure that this message is
virus-free,
it is the recipient's responsibility to carry out virus checks as
appropriate and ensure
that the onward transmission, opening or use of this message and any
attachments will not
adversely affect their systems or data. Sefton Metropolitan Borough
Council does not
accept any responsibility in this regard."

Dear Mr Hardwicke-Carruthers,

With reference to previous correspondence I am writing to inform you
that the Council has now found the Local Government Ombudsman file
which, as you know, had been missing for some time. We have informed
the Information Commissioner of this. Accordingly, could you please let
me have a list of your outstanding FOI questions regarding the Ombudsman
complaint and I will endeavour to answer the same as soon as possible.

Yours sincerely,

D MACKEY
ASSISTANT LEGAL DIRECTOR
SEFTON MBC

Sandra Titchen
Legal Department
e-mail [email address]
Tel. 0151 934 2035
Fax 0151 934 2194

<>This message is intended for named addressees only and may contain
confidential,
privileged or commercially sensitive information. If you are not a named
addressee
and this message has come to you in error you must not copy, distribute
or take any action
on its content. Please return the message to the sender by replying to
it immediately
and then delete it from your computer and destroy any copies of it.

All e-mail communications sent to or from Sefton Metropolitan Borough
Council
may be subject to recording and / or monitoring in accordance with
current legislation.

This message does not create or vary any contractual relationship
between Sefton
Metropolitan Borough Council and you.

Internet e-mail is not a 100% secure communication medium and Sefton
Metropolitan
Borough Council does not accept responsibility for changes made to this
message
after it was sent.

Whilst all reasonable care has been taken to ensure that this message is
virus-free,
it is the recipient's responsibility to carry out virus checks as
appropriate and ensure
that the onward transmission, opening or use of this message and any
attachments will not
adversely affect their systems or data. Sefton Metropolitan Borough
Council does not
accept any responsibility in this regard."

Dear Mr Hardwicke-Carruthers.

Re: FOI551 - January 2008

As you know, your case with ICO is now closed as the matter you specifically raised (the question of the solicitor’s code of practice) has been addressed. ICO have however asked me to clarify the current status of your request(s).

We have aggregated your 4 requests into one as permitted within Section 5 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. The Council has already spent in excess of the appropriate limit as described in Section 3 of those regulations, we now have to consider this request closed.

However, under our duty of advice and assistance, as outlined in section 16 of the Freedom of Information Act 2000, I want to let you know that we have now found the file containing the LGO letters. If you choose to submit a further request then we will of course endeavour to answer any questions that you feel are outstanding.

Yours sincerely,
Richard Roscoe.

Richard Roscoe.
Data Protection and
Information Security Officer.
Sefton Council ICT Client.
4th Floor, Merton House,
Stanley Rd, Bootle. L20 3JA.

Tel: 0151 934 4416
Please don't print this e-mail unless you have to. It wastes paper and it can create a security risk.

<>This message is intended for named addressees only and may contain confidential,
privileged or commercially sensitive information. If you are not a named addressee
and this message has come to you in error you must not copy, distribute or take any action
on its content. Please return the message to the sender by replying to it immediately
and then delete it from your computer and destroy any copies of it.

All e-mail communications sent to or from Sefton Metropolitan Borough Council
may be subject to recording and / or monitoring in accordance with current legislation.

This message does not create or vary any contractual relationship between Sefton
Metropolitan Borough Council and you.

Internet e-mail is not a 100% secure communication medium and Sefton Metropolitan
Borough Council does not accept responsibility for changes made to this message
after it was sent.

Whilst all reasonable care has been taken to ensure that this message is virus-free,
it is the recipient's responsibility to carry out virus checks as appropriate and ensure
that the onward transmission, opening or use of this message and any attachments will not
adversely affect their systems or data. Sefton Metropolitan Borough Council does not
accept any responsibility in this regard."