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

Brent Council - INFORMATION REQUEST

Our Reference: 545229
====================================================

Dear Mr. Nunn

Thank you for your request for information received on 12 October 2009. We
aim to respond to your request within 20 working days.

Your request has been validated and will be responded to. However, whilst
we may send the formal notification of the decision to the email address you
have provided we will not send the information requested to that address.
This is because we are aware that doing so will automatically result in the
information being published on the whatdotheyknow website. Publication of
information in this way may constitute an unauthorised re-use (under the
Re-use of Public Sector Information Regulations 2005) and may infringe
copyright. I would therefore be grateful if you will provide me with an
alternative disclosure address. This can be a postal address, fax number or
an email address, as long as it does not result in automatic publication and
re-use.

If you wish to apply for permission to re-use any of the requested
information you may do so by writing to the IT Standards Manager at Brent
Council, Floor 5, 349-357 High Road, Wembley HA9 6BZ , telephone 020 8937
1402, e-mail [Brent Borough Council request email]

If you wish to appeal against the requirement to provide an alternative
disclosure address you can do so by writing to the IT Standards Manager at
the address given above.

You also have a right of appeal to the Information Commissioner. However,
the Information Commissioner will not normally consider an appeal until you
have exhausted your rights of redress and complaint to the Council. The
Information Commissioner can be contacted as follows: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF; Telephone: 01625 545 700, www.informationcommissioner.gov.uk

Yours sincerely

Stephen F Williams,
For Brent ITU
[email address]

--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Brent Council - INFORMATION REQUEST

Our Reference: 545229
====================================================

Dear Mr. Nunn

Further to our earlier correspondence I am writing to advise that the
Council is in a position to provide information in response to your request
on being provided with the alternative address for correspondence requested.

Yours sincerely

Stephen F Williams,
for Brent ITU
[email address]
--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Dear Sir or Madam,

You have a return address for your response please comply with the
FOI act and deliver the response to the address given.

Yours faithfully,

Trevor R Nunn

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

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

Dear Brent Borough Council,

If I do not receive a response to my request for an internal review
or a formal refusal of an internal review within 10 days I will
submit a complaint to the Information Commissioner.

Yours faithfully,

Trevor R Nunn

Dear Mr Nunn,

Firstly, I apologise for the delay in completing the internal review that you requested.

Having reviewed your request and our request for you to supply us with an alternative address to send your information, I have concluded that your internal review has not been upheld.

The council has not and is not refusing to respond to your request which it accepts is valid and is ready to supply the information requested.

The council does have an issue with using the 'whatdotheyknow' email address. By using this email address, all responses are automatically uploaded on the associated website without any apparent control. You cannot assume that you can use information on the Internet freely just because it is available and free of charge. It does not mean you necessarily have an implied license.

The making of a Freedom of Information request cannot invalidate the council's rights to control further use of its own information or abrogate any duty it may owe to third party copyright holders. The concern is that disclosing information in the manner requested would make the council complicit in any such breach. Responding to an email address that automatically publishes responses does not make it possible for the council to exercise any controls referred to under the new regulations governing the re-use of public sector information, which came into force in July 2005 (Statutory Instrument 1515).

We have advised you of the means and circumstances in which we consider it reasonable to communicate the information requested. I urge you to supply an alternative address so that the information can be sent.

Rajesh Seedher
IT Standards Manager
Information Technology Unit
Business Transformation Department
Brent Council
Telephone 020 8937 1402

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Dear Seedher, Raj,

Thank you for the confirmation, my complaint will be with the ICO
later today. You are in clear breach of the FOI Act.

Yours sincerely,

Trevor R Nunn