LG Act 1974 Part III Section 32(3) notices

Trevor R Nunn made this Freedom of Information request to Barnsley Metropolitan Borough Council

The request was partially successful.

From: Trevor R Nunn

9 October 2009

Dear Sir or Madam,

Over the last five years

(1) How many Local Government Act Part III Section 32(3) notices
has your council served on a Local Government Ombudsman.

(3) How many times has the Ombudsman concerned found the council
guilty of maladministration for misusing a Section 32(3) notice.

Yours faithfully,

Trevor R Nunn

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From: Town Hall
Barnsley Metropolitan Borough Council

9 October 2009

Thank you for contacting Barnsley Council.

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From: Town Hall
Barnsley Metropolitan Borough Council

12 October 2009

Dear Trevor

I acknowledge the receipt of your enquiry. This has now been passed to the appropriate Officer within the Council who will respond to you directly.

Kind regards
 
Janette Brookes
Information Services
Barnsley Connects
Customer & Neighbourhood Services
Worsbrough PCT

Tel: 01226 648080 
[email address]

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From: Smith , Kevin
Barnsley Metropolitan Borough Council

4 November 2009

Dear Mr Nunn

Further to your Freedom of Information Act request of 9 October (shown below), please see below the response from Andrew Frosdick, Borough Secretary, Barnsley Council.

Many thanks

Kevin Smith
Corporate Communications Manager
Barnsley MBC
(01226) 773442
07967 500630
[email address]
www.barnsley.gov.uk

Response begins:

The Authority has not specifically collated details of section 32 notices. It would exceed the costs exemption limit as it would in my reasonable estimate take more than 18.5 hours to examine every complaint file to ascertain the very few notices which were issued. So the information is strictly exempt from disclosure.

However from my personal knowledge there have been fewer than 5. They have related to complaints where information given to the Ombudsman in responding to the complaint was sensitive personal data which it was not appropriate to disclose to the complainant.

Ends

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From: Trevor R Nunn

4 November 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 Barnsley Borough
Council's handling of my FOI request 'LG Act 1974 Part III Section
32(3) notices'.

You have wrongly used a Freedom of Information exemption. There is
no need to conduct extensive searches to identify the information.
Said notices are (legal) statutory and as such would be issued by
your legal department. They will know how many statutory notices
they have issued. In addition your monitoring officer, usually head
of legal, is statutorily and constitutionally responsible for
bringing any maladministration to the attention of the council so
will have the information for part two of my request.

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

Yours faithfully,

Trevor R Nunn

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From: Town Hall
Barnsley Metropolitan Borough Council

4 November 2009

Thank you for contacting Barnsley Council.

Your e-mail has been received and will be passed onto the relevant
officer/department.

*** Barnsley MBC Disclaimer:
This e-mail and any files attached are confidential for the use of the
intended recipient. If you have received this e-mail in error please
notify the sender as soon as possible and delete the communication from
your system without copying, disseminating or distributing the same in any
way by any means.

Any views or opinions expressed belong solely to the author and do not
necessarily represent those of the Council. In particular, the Council
will not accept liability for any defamatory statements made by email
communications.
Recipients are responsible for ensuring that all e-mails and files sent
are checked for viruses. The Council will not accept liability for damage
caused by any virus transmitted by this e-mail. No guarantees are offered
on the security, content and accuracy of any e-mails and files received.
Be aware that this e-mail communication may be intercepted for regulatory,
quality control, or crime detection purposes unless otherwise prohibited.
The content of this email and any attachment may be stored for future
reference.

Link to this

From: Town Hall
Barnsley Metropolitan Borough Council

4 November 2009

Dear Trevor

I acknowledge the receipt of your enquiry. This has now been passed to the appropriate Officer within the Council

Kind regards
 
Janette Brookes
Information Services
Barnsley Connects
Customer & Neighbourhood Services
Worsbrough PCT

Tel: 01226 648080 
[email address]

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From: Beesley , Craig
Barnsley Metropolitan Borough Council

6 November 2009

Dear Mr Nunn,

I further acknowledge receipt of your request for an internal review by the Information Governance Unit. I am now passing your email directly to the appropriate officer who will contact you as soon as possible.

Meanwhile if you wish to communicate further please use my contact details and I will ensure that your comments are directed to the correct person.
It would be appreciated if you could quote our reference - FOIA1299 - in future communications.

Regards

Craig Beesley
Principal Information Management Compliance Officer
Barnsley MBC (PO Box 634)
Information Services
Springfield House, Springfield Street, Barnsley
S. Yorks S70 6HH
Tel: x6741 (if ringing from within BMBC)
Tel: 01226 787741 (if ringing from outside BMBC)
Fax: x6719 (if ringing from within BMBC)
Fax: 01226 787719 (if ringing from outside BMBC)
email: [email address]
=======================================================================

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From: Trevor R Nunn

27 January 2010

Dear Beesley , Craig,

You have failed to respond to my request for an internal review in
a timely fashion or at the very least given me an explanation for
any delay. If I do not get a response within the next ten days I
will submit a complaint to the ICO.

Yours sincerely,

Trevor R Nunn

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From: Beesley , Craig
Barnsley Metropolitan Borough Council

28 January 2010

Dear Mr Nunn,

Thank you for your communication below and I am sorry to hear that you have not received a response.

Now that I am aware of this I will immediately reconfirm with the appropriate officer that your complaint has been received by that officer and that a response will be sent to you.

My apologies for the delay with this.

Regards

Craig Beesley
Principal Information Management Compliance Officer
Barnsley MBC (PO Box 634)
Information Services
Springfield House, Springfield Street, Barnsley
S. Yorks S70 6HH
Tel: x6741 (if ringing from within BMBC)
Tel: 01226 787741 (if ringing from outside BMBC)
Fax: x6719 (if ringing from within BMBC)
Fax: 01226 787719 (if ringing from outside BMBC)
email: [email address]

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From: Beesley , Craig
Barnsley Metropolitan Borough Council

24 February 2010


Attachment Trevor R Nunn Holding.doc
19K Download View as HTML


Dear Mr Nunn,

Further to my email dated 28.01.10 (below) I can now supply you with the
following confirmation -

I acknowledge receipt of your email requesting an internal review of the
Council's handling of your Freedom of Information request FOIA1299
regarding Local Government Act 1974 Part III Section 32 (3) notices.

I will investigate this matter and reply in due course.

Yours sincerely,

Chief Executive

Regards

Craig Beesley
Principal Information Management Compliance Officer
Barnsley MBC (PO Box 634)
Information Services
Springfield House, Springfield Street, Barnsley
S. Yorks S70 6HH
Tel: x6741 (if ringing from within BMBC)
Tel: 01226 787741 (if ringing from outside BMBC)
Fax: x6719 (if ringing from within BMBC)
Fax: 01226 787719 (if ringing from outside BMBC)
email: [email address]

================================================================================

3.

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From: Trevor R Nunn

24 February 2010

Dear Beesley , Craig,

I don't want another acknowledgement, I have had three since I
requested an internal review last November, some three months ago.
Just how long do you expect me to wait?

Yours sincerely,

Trevor R Nunn

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From: Beesley , Craig
Barnsley Metropolitan Borough Council

25 February 2010


Attachment Review conclusion for Mr Nunn.pdf
27K Download View as HTML


Dear Mr Nunn,

I have been supplied with the result of the review conducted into our
handling of your original FOI request.
Please see the letter from the Chief Executive attached.

Regards

Craig Beesley
Principal Information Management Compliance Officer
Barnsley MBC (PO Box 634)
Information Services
Springfield House, Springfield Street, Barnsley
S. Yorks S70 6HH
Tel: x6741 (if ringing from within BMBC)
Tel: 01226 787741 (if ringing from outside BMBC)
Fax: x6719 (if ringing from within BMBC)
Fax: 01226 787719 (if ringing from outside BMBC)
email: [email address]

*** Barnsley MBC Disclaimer:
This e-mail and any files attached are confidential for the use of the
intended recipient. If you have received this e-mail in error please
notify the sender as soon as possible and delete the communication from
your system without copying, disseminating or distributing the same in any
way by any means.

Any views or opinions expressed belong solely to the author and do not
necessarily represent those of the Council. In particular, the Council
will not accept liability for any defamatory statements made by email
communications.
Recipients are responsible for ensuring that all e-mails and files sent
are checked for viruses. The Council will not accept liability for damage
caused by any virus transmitted by this e-mail. No guarantees are offered
on the security, content and accuracy of any e-mails and files received.
Be aware that this e-mail communication may be intercepted for regulatory,
quality control, or crime detection purposes unless otherwise prohibited.
The content of this email and any attachment may be stored for future
reference.

Link to this

From: Trevor R Nunn

25 February 2010

Dear Beesley , Craig,

Thank you for admitting that your council does not serve formal
Section 32(3) notices on the Local Government Ombudsman preferring
instead to ask the Local Government Ombudsman to accept an informal
request not to disclose information as an alternative to a formal
notice.

Yours sincerely,

Trevor R Nunn

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