LG Act 1974 Part III Section 32(3) notices

Trevor R Nunn made this Freedom of Information request to Cheshire West and Chester Council

The request was successful.

From: Trevor R Nunn

10 October 2009

Dear Sir or Madam,

Since April 1st 2009 for yourselves but over the last five years
for all the councils now incorporated into Cheshire West and
Chester Council.

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

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

Yours faithfully,

Trevor R Nunn

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From: FOI West
Cheshire West and Chester Council

16 October 2009

Dear Mr Nunn

Thank you for your email. It will be treated as a request within the
meaning of the Act: this means that we will send you a full response
within 20 working days, either supplying you with the information which
you want, or explaining to you why we cannot supply it. If we need any
further clarification or there is any problem we will be in touch.

In the meantime if you wish to discuss this further please contact me. It
would be helpful if you could quote the log number 400343.

Yours sincerely

FOI West Team

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From: CHALMERS, Iris (PA to Chief Executive)
Cheshire West and Chester Council

5 November 2009

Dear Mr Nunn

Further to your request for information, below:

Since April 1st 2009 for yourselves but over the last five years

for all the councils now incorporated into Cheshire West and

Chester Council.

(1) How many Local Government Act Part III Section 32(3) notices

has each council served on a Local Government Ombudsman.

Answer: The former Cheshire County Council served such notices upon an
estimated 6 occasions in the time period specified.

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

Answer: Nil. The remedy for the Ombudsman, if aggrieved at the service of
a Section 32(3) notice, is to either persuade the authority to withdraw
the notice in whole or in part or to apply to the Secretary of State to
have the notice discharged under the same Sub-Section.

Should you require any further information or assistance, please do not
hesitate to contact me.

Iris Chalmers

FOI West

Cheshire West and Chester Council

Tel: 01244 975968

Email: [email address]

Location: Room 283, County Hall, Chester CH1 1SF

Visit: cheshirewestandchester.gov.uk

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From: Trevor R Nunn

5 November 2009

Dear CHALMERS, Iris (PA to Chief Executive),

Thank you for the information so far.

Could I also have the information for the other councils
incorporated into Cheshire West and Chester Council as requested
please. Cheshire County Council was not the only one. What about
Vale Royal, Chester City, Ellesmere Port and Neston.

I appreciate that the Ombudsman can persuade the council to lift
the said notice or in the alternative they can ask the secretary of
state to lift it, however, they should still find a council guilty
of maladministration when and if they misuse a section 32(3) notice
because it is clearly an act of maladministration.

Yours sincerely,

Trevor R Nunn

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From: CHALMERS, Iris (PA to Chief Executive)
Cheshire West and Chester Council

5 November 2009

Mr Nunn, thank you for your email. I have forwarded your request to the FOI Team for action.

Iris

Iris Chalmers
FOI West
Cheshire West and Chester Council

Tel: 01244 975968
Email: [email address]
Location: Room 283, County Hall, Chester CH1 1SF
Visit: cheshirewestandchester.gov.uk

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From: Trevor R Nunn

30 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 Cheshire West &
Chester 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

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From: CHALMERS, Iris (PA to Chief Executive)
Cheshire West and Chester Council

1 December 2009

Dear Mr Nunn

Your email of 30th November timed at 19:47 (below) discloses no basis
for requesting a review of "Cheshire West & Chester Council's handling of
my FOI request 'LG Act 1974 Part III Section 32(3) notices' ".
Consequently, until you provide a basis for seeking a review, your
request cannot be considered.

Iris Chalmers

FOI West

Cheshire West and Chester Council

Tel: 01244 975968

Email: [email address]

Location: Room 283, County Hall, Chester CH1 1SF

Visit: cheshirewestandchester.gov.uk

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 Cheshire West &

Chester 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:

[1]http://www.whatdotheyknow.com/request/lg...

Yours faithfully,

Trevor R Nunn

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References

Visible links
1. http://www.whatdotheyknow.com/request/lg...

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From: Trevor R Nunn

1 December 2009

Dear CHALMERS, Iris (PA to Chief Executive),

I refer you to my initial FOI request (10th October)

Since April 1st 2009 for yourselves but over the last five years
for all the councils now incorporated into Cheshire West and
Chester Council.

and the letter I sent after your responded with only Cheshire
County Council figures, (5th November)

Thank you for the information so far.

Could I also have the information for the other councils
incorporated into Cheshire West and Chester Council as requested
please. Cheshire County Council was not the only one. What about
Vale Royal, Chester City, Ellesmere Port and Neston.

http://www.whatdotheyknow.com/request/lg...

Yours sincerely,

Trevor R Nunn

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From: CHALMERS, Iris (PA to Chief Executive)
Cheshire West and Chester Council

1 December 2009

Thank you Mr Nunn, I have forwarded your response to the FOI Team. Iris

Iris Chalmers
FOI West
Cheshire West and Chester Council

Tel: 01244 975968
Email: [email address]
Location: Room 283, County Hall, Chester CH1 1SF
Visit: cheshirewestandchester.gov.uk

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From: Trevor R Nunn

27 January 2010

Dear CHALMERS, Iris (PA to Chief Executive),

You have failed to fully respond to my FOI request within the
mandatory time period and 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 an answer to my FOI
request within the next ten days I will submit a complaint to the
ICO.

Yours sincerely,

Trevor R Nunn

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From: FOI West
Cheshire West and Chester Council

9 February 2010

Dear Mr Nunn

In response to your further request for information:

The answer to your question 1 identified the only instances of Section
32(3) notices amongst all four predecessor authorities.

For the avoidance of doubt therefore, the answer in respect of the
predecessor councils, other than the former County Council, is nil.

I apologise for the delay in responding to your enquiry.

FOI West Team

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Things to do with this request

Anyone:
Cheshire West and Chester Council only: