LG Act 1974 Part III Section 32(3) notices

Dear Mr Nunn,

Re: Information Request - Reference Number: 2009100029

Thank you for your request for information received on 12 October 2009.
We are currently processing your request in accordance with the Freedom
of Information Act 2000, and will respond to you within 20 working days.

For clarification we are using the following information for the purpose
of processing your request.

Details, as outlined in the request for information, regarding Local
Government Act Part III Section 32(3) notices.

If you feel the information is inaccurate or requires amendment, please
notify us as soon as possible using the contact details provided above.

Yours sincerely

Lucy Lavelle
Information Governance Team

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Help prevent the spread of swine flu. CATCH IT. BIN IT. KILL IT.

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Dear Mr Nunn

Re: Information Request - Reference Number: 2009100029

Thank you for your correspondence asking for a review of the response given
to your recent request for information. We are currently processing your
request in accordance with the Freedom of Information Act 2000 and will
respond to you within 20 working days.

For clarification we are using the following information for the purpose of
processing your request.

Over the last five years for yourselves and all the councils now
incorporated into Shropshire Council.
(1) How many Local Government Act Part III Section 32(3) notices has each
council served on a Local Government Ombudsman.
(2) How many times has the Ombudsman concerned found each council guilty of
maladministration for misusing a Section 32(3) notice.

If you feel the information is inaccurate or requires amendment, please
notify us as soon as possible using the contact details provided above.

Yours sincerely

Heather Jones
Assistant Information Governance Officer

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Help prevent the spread of swine flu. CATCH IT. BIN IT. KILL IT.
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Dear Mr Nunn,

Your request for an internal review of the original response to your
Freedom of Information request was forwarded to me for consideration

I have spoken with Shropshire Council's Monitoring Officer and can confirm
that as far as this Council and the former Shropshire County Council, are
concerned in the last five years no Section 32(3) notices have been served
on the Local Government Ombudsman.

As regards Bridgnorth District Council, Oswestry Borough Council,
Shrewsbury & Atcham Borough Council, North Shropshire District Council and
South Shropshire District Council we have not been able to identify a
separate location in which such notices would have been kept. It would be
my assumption that such notices, if issued, would have been filed in the
relevant complaints file and a search of all such files would be
prohibitively expensive.

As regards the second part of your query I would assume that such
information ought to be publicly available within the minutes from the
Various District and Borough Council meetings as I entirely accept that
there is a duty upon Monitoring Officers to report any incident of
maladministration to the Council's attention.

If you remain dissatisfied with the outcome of the internal review, you
have the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF.

Yours sincerely

Tim Collard
Head of Adults and Children Law
Legal and Democratic Services
Shropshire Council
(01743 252756)
www.shropshire.gov.uk

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Help prevent the spread of swine flu. CATCH IT. BIN IT. KILL IT.
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