LG Act 1974 Part III Section 32(3) notices

Trevor R Nunn made this Freedom of Information request to Leeds City Council

The request was partially successful.

From: Trevor R Nunn

11 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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Leeds City Council

12 October 2009


Attachment 3497 Acknowledgement Letter.pdf
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Dear Sir

Thank you for your Freedom of Information request. Please find attached
acknowledgement letter.

Yours faithfully

Katrina Jenkins
Legal Officer
Property and Finance
Legal, Licensing and Registration
Civic Hall
Leeds
LS1 1UR

Tel: 0113 2474392
Fax: 0113 2474651
e-mail: [Leeds City Council request email]
www.leeds.gov.uk

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Leeds City Council

4 November 2009


Attachment Nunn 3497.pdf
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Dear Mr Nunn,

thank you for your recent Freedom o f Information request. Please find
attached our response.

Victoria Ashwood
DP/FOI Practitioner Customer Services
tel 2660086 (int do NOT use a 9) 0113 376 0086 ext.
Fax 0113 245 6931
email [email address]

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From: Trevor R Nunn

5 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 Leeds City Council's
handling of my FOI request 'LG Act 1974 Part III Section 32(3)
notices'.

A statutory notice is a legal document and as such will have been
issued by your legal department. Surely you are not suggesting that
your legal department issue legal notices without keeping a record.

Accordingly there is no need to search hundreds of files just ask
you legal department for the number of Section 32(3) notices they
have issued over the last 5 years.

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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Leeds City Council

10 November 2009


Attachment Nunn ack.pdf
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Dear Mr Nunn,

thank you for your recent email, please find attached our acknowledgement
letter.

Victoria Ashwood
DP/FOI Practitioner Customer Services
tel 2660086 (int do NOT use a 9) 0113 376 0086 ext.
Fax 0113 245 6931
email [email address]

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Leeds City Council

26 November 2009


Attachment Nunn 3497 internal review.pdf
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Dear Mr Nunn,

thank you for your recent request for an internal review of the handling
of your Freedom of Infomation request.

Please find attached our response.

Victoria Ashwood
DP/FOI Practitioner Customer Services
tel 2660086 (int do NOT use a 9) 0113 376 0086 ext.
Fax 0113 245 6931
email [email address]

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From: Trevor R Nunn

26 November 2009

Dear Sir or Madam,

Thanks for the information provided so far, however, this does not
give me all the information I sought and additionally I do not
accept your excuse for not providing it, therefore, for your
information only, I will be submitting a complaint to the ICO later
today.

Yours faithfully,

Trevor R Nunn

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Trevor R Nunn left an annotation (26 November 2009)

Complaint to ICO submitted 26th November 2009

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From: Turnbull Mark
Leeds City Council

10 February 2010

Dear Mr Nunn,

Following correspondence with the Information Commissioner's office (ICO)
about your request, the ICO has asked me to write to you in an attempt to
resolve this matter informally.

1. The ICO asked us if there was anyone who would be able to recall the
files where we served these notices. Complaints to the Ombudsman are dealt
with by more than one person at this authority, but in any event you will
appreciate that there is no prospect of relying on personal
recollections given that as we have already confirmed, 1,000 plus
complaints have been handled over the last 5 years.

2. I can confirm there is no separate central record of these notices held
by Legal Services or anyone else, nor is there any legal
requirement for these notices to be dealt with by lawyers, or for such a
record to be kept.

3. We estimate that the time to review each file for the last two years is
approximately 4 to 5 minutes. This is based on the check we carried out on
the sample of 57 electronic files for the current financial year. For
cases over 2 years old there are only paper files, and these will take
longer to check. It therefore follows that as there are in excess of 1,000
files, even at the conservative estimate of between 4 to 5 minutes,
it would take substantially longer than 18 hours to complete the
exercise.

4. Based on the sample of 57 files reviewed, where we established
6 notices had been served, this represents a figure of approximately 11%
of the total. If this percentage is then applied to the total number
of cases for the last five years one is left with a figure of
approximately 127.

I hope this information is now a sufficient response to your request.

Yours sincerely

Mark Turnbull

Head of Property, Finance & Technology
Legal, Licensing and Registration Services
Leeds City Council
Tel: 0113 2474408
Fax: 0113 2443526
[mobile number]
email: [1][email address]
www.leeds.gov.uk

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From: Trevor R Nunn

11 February 2010

Dear Turnbull Mark,

I will accept the information provided as a reasonably satisfactory
response to my Freedom of Information request and now consider this
matter satisfactorily concluded and will advise the ICO
accordingly. However, I am somewhat shocked to learn that Leeds
City Council allow none legal officers to serve statutory notices
without any legal advice or input and without any records being
kept.

Yours sincerely,

Trevor R Nunn

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