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To North Tyneside Metropolitan Borough Council by Trevor R Nunn 12 January 2009
LG Act 1974 Part III Section 32(3) notices
Trevor R Nunn made this Freedom of Information request to North Tyneside Metropolitan Borough 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
From: FOI Officer
North Tyneside Metropolitan Borough Council
12 October 2009
Ref: RFI 2156/ACK
Date: 12/10/2009
Dear Trevor R Nunn
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference RFI 2156.
Thank you for your request for the following information.
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.
Your request was received on 12/10/2009 and I am dealing with it under
the terms of the Freedom of Information Act 2000.
As required by the legislation, we aim to answer your request within 20
working days from the date we received it. This has been calculated to
be 09/11/2009. If for any reason we are unable to meet this deadline we
will keep you fully informed of the reasons for this.
If the information you have requested 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.
Very occasionally, fees may be payable for the supply of information
under the Freedom of Information Act. This will be considered, and if
fees are payable in respect of this request we will contact you before
proceeding in order to be sure that you are happy to go ahead. Any fees
that do apply must be paid before the information is processed and
released.
Please note that an anonymised copy of our response to your request will
be published in our Disclosure Log. This is a record of all responses to
completed requests for information that we have received and dealt with
under the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 from 6th July 2009 onwards. Our Disclosure Log is
available online at the following address:
<http://www.northtyneside.gov.uk/foi-disc...>
If you have any queries in the meantime, please do not hesitate to
contact me.
Regards
Geoff Snary
Policy Officer (Information Governance)
Performance, Research and Intelligence
Organisational Improvement
North Tyneside Council
Quadrant
The Silverlink North
Cobalt Business Park
North Tyneside
NE27 0BY
Tel: 0191 643 2333
Fax: 0191 643 2341
show quoted sections
From: FOI Officer
North Tyneside Metropolitan Borough Council
19 October 2009
Ref: RFI 2156/FDL/SL
Date: 19/10/2009
Dear Trevor R Nunn
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference RFI 2156.
Your request for information under the above legislation has now been
considered.
The information you asked for is attached:
<<Response RFI 2156.pdf>>
Please note that an anonymised copy of this response will be published in
our Disclosure Log. This is a record of all responses to completed
requests for information that we have received and dealt with under the
Freedom of Information Act 2000 and Environmental Information Regulations
2004 from 6th July 2009 onwards. Our Disclosure Log is available online at
the following address:
<[1]http://www.northtyneside.gov.uk/foi-disc...>
I trust that this information answers your enquiry, but if you have any
further queries please do not hesitate to contact me.
If you are unhappy with the way the Council has handled your request, you
may ask for an internal review. Please contact the Information Governance
Team no later than 40 working days after the date of this letter, after
which time we will consider the matter closed.
Information Governance Team
North Tyneside Council
Quadrant
The Silverlink North
Cobalt Business Park
North Tyneside
NE27 0BY
e-mail [North Tyneside Borough Council request email]
Further information is also available from the Information Commissioner
at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
[2]www.informationcommissioner.gov.uk
Regards
Geoff Snary
Policy Officer (Information Governance)
Performance, Research and Intelligence
Organisational Improvement
North Tyneside Council
Quadrant
The Silverlink North
Cobalt Business Park
North Tyneside
NE27 0BY
Tel: 0191 643 2333
Fax: 0191 643 2341
This email and any attachment are intended solely for the addressee. It
may contain information or opinion which is strictly confidential or is
legally privileged. If you are not the intended recipient you should not
use, disclose, copy, print, distribute or otherwise rely upon the contents
of this email. If you have received this email in error please notify the
sender immediately by email and then permanently delete this email. This
email has been scanned for viruses and inappropriate content by Clearswift
MIMEsweeper service. North Tyneside Council does not guarantee this email
to be free of any viruses. It is the responsibility of the recipient to
ensure that this message and any attachments are virus free.
References
Visible links
1. http://www.northtyneside.gov.uk/foi-disc...
2. file://www.informationcommissioner.gov.uk
From: Trevor R Nunn
19 October 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 North Tyneside
Borough Council's handling of my FOI request 'LG Act 1974 Part III
Section 32(3) notices'.
I do accept your argument over the difficulty and cost of supplying
the information. The council would have obtained either internal or
external legal advise over the serving of a said notice so they
would know how many times this has occurred without searching all
their complaint files. In addition, if the LGO had found the
council guilty of maladministration for misusing said notice then
your monitoring officer would have been under a statutory and
constitutional duty to bring this to the attention of the council
so again there is no reason to search complaint files to supply the
information sought.
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
From: FOI Officer
North Tyneside Metropolitan Borough Council
20 October 2009
Dear Mr Nunn
I acknowledge receipt of your request for an internal review of the
Council's response to your request for information. It has been logged
and will be sent to the appropriate person. We will revert to you as
soon as possible.
Information Governance
Performance, Research and Intelligence
Organisational Improvement
North Tyneside Council
Quadrant
The Silver Link North
Cobalt Business Park
North Tyneside
NE27 0BY
Tel: 0191 643 2333
Fax: 0191 643 2341
show quoted sections
From: Trevor R Nunn
27 January 2010
Dear FOI Officer,
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
From: FOI Officer
North Tyneside Metropolitan Borough Council
28 January 2010
Dear Mr Nunn
Please accept my apologies on behalf of North Tyneside Council for the
delay. I have today pursued the matter with the Head Of Legal,
Governance And Commercial Services, who is conducting the review. I hope
to respond to you shortly.
Regards
Geoff Snary
Policy Officer (Information Governance)
Performance, Data & Knowledge Group
Chief Executive's Office
North Tyneside Council
Quadrant
The Silverlink North
Cobalt Business Park
North Tyneside
NE27 0BY
Tel: 0191 643 2333
Fax: 0191 643 2341
show quoted sections
From: Sarah Wright
North Tyneside Metropolitan Borough Council
8 February 2010
Dear Mr Nunn
Following your request for internal review, please find attached the
Council's response. The internal review was conducted by an independent
Head of Service. If you remain dissatisfied with the way in which the
Council has handled your request you are able to refer to the Information
Commissioner. Further information can be found at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
[1]www.informationcommissioner.gov.uk
<<Response.doc>>
Information Governance
Performance, Data and Knowledge
Chief Executive's Office
North Tyneside Council
Quadrant
The Silver Link North
Cobalt Business Park
North Tyneside
NE27 0BY
Tel: 0191 643 2333
Fax: 0191 643 2341
This email and any attachment are intended solely for the addressee. It
may contain information or opinion which is strictly confidential or is
legally privileged. If you are not the intended recipient you should not
use, disclose, copy, print, distribute or otherwise rely upon the contents
of this email. If you have received this email in error please notify the
sender immediately by email and then permanently delete this email. This
email has been scanned for viruses and inappropriate content by Clearswift
MIMEsweeper service. North Tyneside Council does not guarantee this email
to be free of any viruses. It is the responsibility of the recipient to
ensure that this message and any attachments are virus free. This e-mail
may be automatically logged, monitored and/or recorded for legal purposes.
References
Visible links
1. file://www.informationcommissioner.gov.uk
From: Trevor R Nunn
8 February 2010
Dear Sarah Wright,
Please supply as much information within the cost exemption limits.
I addition, although I have received an apology, you have not
explained why I had to wait until the 8th February 2010 for a
response to an internal review I requested on the 19th October
2009.
I also find it strange that you would admit that your officers
serve statutory notices without legal advice or approval. A rather
frightening prospect for people who live in North Tyneside and
receive a statutory notice.
Yours sincerely,
Trevor R Nunn
From: FOI Officer
North Tyneside Metropolitan Borough Council
9 February 2010
Dear Mr Nunn
Please can you specify which information you require? I would be
grateful if you could refine your original request (e.g. by specifying
that you require, for instance, details from the electronic records held
for the last 2 years).
By way of clarification, the reason that legal advice is not sought in
every instance where the Council issues a section 32 Notice is that in
most instances all that is involved is a request by the Council to the
LGO officer not to share third party information with complainants,
because the third party has not consented to disclosure of their
information. Legal advice would be sought where necessary, for instance
in complex cases, but most cases are simply a request to the LGO officer
that certain information provided is not shared with the complainant.
Information Governance
Performance, Data and Knowledge
Chief Executive's Office
North Tyneside Council
Quadrant
The Silver Link North
Cobalt Business Park
North Tyneside
NE27 0BY
Tel: 0191 643 2333
Fax: 0191 643 2341
show quoted sections
From: Trevor R Nunn
9 February 2010
Dear FOI Officer,
Starting at the date of my initial FOI request (11th October 2009)
please go backwards until the FOI costs exemption limit is reached
and supply the information requested to that point in time.
Yours sincerely,
Trevor R Nunn
From: FOI Officer
North Tyneside Metropolitan Borough Council
11 February 2010
Dear Mr Nunn
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference RFI 2419.
Thank you for your revised/refined request for the following
information:
"How many Local Government Act Part III Section 32(3) notices has your
council served on a Local Government Ombudsman? Please search cases
from 11th October 2009 backwards until the appropriate time limit is
reached."
This is being treated as a new request, since your original request was
refused due to time limitations. Your new request was received on
09/02/2010 and we are dealing with it under the terms of the Freedom of
Information Act 2000.
As required by the legislation, we aim to answer your request within 20
working days from the date we received it. This has been calculated to
be 09/03/2010. If for any reason we are unable to meet this deadline we
will keep you fully informed of the reasons for this.
If the information you have requested 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.
Very occasionally, fees may be payable for the supply of information
under the Freedom of Information Act. This will be considered, and if
fees are payable in respect of this request we will contact you before
proceeding in order to be sure that you are happy to go ahead. Any fees
that do apply must be paid before the information is processed and
released.
Please note that an anonymised copy of our response to your request will
be published in our Disclosure Log. This is a record of all responses to
completed requests for information that we have received and dealt with
under the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 from 6th July 2009 onwards. Our Disclosure Log is
available online at the following address:
http://www.northtyneside.gov.uk/foi-disc...
847
If you have any queries in the meantime, please do not hesitate to
contact us.
Information Governance
Performance, Data and Knowledge
Chief Executive's Office
North Tyneside Council
Quadrant
The Silver Link North
Cobalt Business Park
North Tyneside
NE27 0BY
Tel: 0191 643 2333
Fax: 0191 643 2341
show quoted sections
From: Trevor R Nunn
12 February 2010
Dear FOI Officer,
Please get your facts right. My original request was initially
refused on cost grounds and I have merely amended my original
request so you can no longer use cost grounds as a continued reason
for refusal. This is NOT a new request.
Yours sincerely,
Trevor R Nunn
From: Sarah Wright
North Tyneside Metropolitan Borough Council
3 March 2010
Ref: RFI 2419/FDL/SL
Date: 03/03/2010
Dear Mr Nunn
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference RFI 2419.
Your request for information under the above legislation has now been
considered.
The information you asked for is attached:
<<Response.pdf>>
Please note that an anonymised copy of this response will be published in
our Disclosure Log. This is a record of all responses to completed
requests for information that we have received and dealt with under the
Freedom of Information Act 2000 and Environmental Information Regulations
2004 from 6th July 2009 onwards. Our Disclosure Log is available online at
the following address:
<[1]http://www.northtyneside.gov.uk/foi-disc...>
I trust that this information answers your enquiry, but if you have any
further queries please do not hesitate to contact me.
If you are unhappy with the way the Council has handled your request, you
may ask for an internal review. Please contact the Information Governance
Team no later than 40 working days after the date of this letter, after
which time we will consider the matter closed.
Information Governance Team
North Tyneside Council
Quadrant
The Silverlink North
Cobalt Business Park
North Tyneside
NE27 0BY
e-mail [North Tyneside Borough Council request email]
Further information is also available from the Information Commissioner
at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
[2]www.informationcommissioner.gov.uk
Information Governance
Performance, Data and Knowledge
Chief Executive's Office
North Tyneside Council
Quadrant
The Silver Link North
Cobalt Business Park
North Tyneside
NE27 0BY
Tel: 0191 643 2333
Fax: 0191 643 2341
This email and any attachment are intended solely for the addressee. It
may contain information or opinion which is strictly confidential or is
legally privileged. If you are not the intended recipient you should not
use, disclose, copy, print, distribute or otherwise rely upon the contents
of this email. If you have received this email in error please notify the
sender immediately by email and then permanently delete this email. This
email has been scanned for viruses and inappropriate content by Clearswift
MIMEsweeper service. North Tyneside Council does not guarantee this email
to be free of any viruses. It is the responsibility of the recipient to
ensure that this message and any attachments are virus free. This e-mail
may be automatically logged, monitored and/or recorded for legal purposes.
References
Visible links
1. http://www.northtyneside.gov.uk/foi-disc...
2. file://www.informationcommissioner.gov.uk
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gary smith left an annotation (28 January 2010)
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