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LG Act 1974 Part III Section 32(3) notices
Trevor R Nunn made this Freedom of Information request to Cornwall Council
The request was refused by Cornwall Council.
From: Trevor R Nunn
10 October 2009
Dear Sir or Madam,
Over the last five years for yourselves and all the councils now
incorporated into Cornwall 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
From: Freedom Of Information Mail
Cornwall Council
12 October 2009
Dear Mr Nunn
Please find attached a letter formally acknowledging your request for
information under the Freedom of Information Act 2000. If you have
difficulty in opening the attachment, please contact me and I will send
you a copy by post.
Yours sincerely,
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Office
Cornwall Council
Tel: 01872 32 6413
Fax: 01872 261866
[1][Cornwall Council request email]
Central Scanning Unit, Treyew Road, Truro TR1 3AY
[2]www.cornwall.gov.uk
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From: Freedom Of Information Mail
Cornwall Council
27 October 2009
Dear Mr Nunn
Please find attached letter for your consideration.
I look forward to your response but please contact me if you have any
questions.
Many thanks, kind regards
Sarah
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Department
Cornwall Council
Tel: 01872 326413
Email: [1][Cornwall Council request email]
Central Scanning Unit, County Hall, Truro. TR1 3AY
[2]www.cornwall.gov.uk
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different format.
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This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].
Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.
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From: Trevor R Nunn
27 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 Cornwall Council's
handling of my FOI request 'LG Act 1974 Part III Section 32(3)
notices'.
You don't need to go through all the complaint files. A 1974 LG Act
Part III Section 32(3) notice is a statutory notice and as such
your legal department would be involved and have the information to
hand.
Unless you are trying to suggest that your legal department issue
legal notices without keeping adequate records. In addition your
monitoring officer is under a statutory and constitutional duty to
bring to the attention of the council every occasion that the LGO
finds the council guilty of maladministration.
Therefore, please obtain the information I seek from your legal
department and not your complaints department.
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: White Sarah
Cornwall Council
27 October 2009
Dear Mr Nunn
Thank you for your email. The response I sent you regarding the way the
Council holds information relating to LGO complaints was received from
the Council's Legal and Democratic Services. I have referred your email
back to them to see if they have any further comments to make, and will
contact you as soon as they respond.
Kind regards
Sarah
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Department
Cornwall Council
Tel: 01872 326413
Email: [Cornwall Council request email]
Central Scanning Unit, County Hall, Truro. TR1 3AY
www.cornwall.gov.uk
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From: Freedom Of Information Mail
Cornwall Council
16 November 2009
Dear Mr Nunn
I have received confirmation back from Simon Mansell, team leader for
the Corporate and Governance section of Legal and Democratic Services,
that there is no further response that we can provide. The Council does
not hold the information you have requested in a format that can be
easily provided without looking through each LGO complaint file.
Please confirm if you would still like the Council to conduct an
internal review.
Many thanks, kind regards
Sarah
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Department
Cornwall Council
Tel: 01872 326413
Email: [Cornwall Council request email]
Central Scanning Unit, County Hall, Truro. TR1 3AY
www.cornwall.gov.uk
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From: Trevor R Nunn
16 November 2009
Dear Freedom Of Information Mail,
Yes, I would like an internal review regarding my FOI request on
the grounds already supplied. I need evidence that this has been
through a formal internal review before I submit a complaint to
both the ICO (regarding FOI request) and the Council (regarding
your monitoring officers breach of his statutory and constitutional
duty).
Yours sincerely,
Trevor R Nunn
Cornwall Council
23 November 2009
Dear Mr Nunn
Thank you for your Complaint; this is your reference number </FON!
T>140732. Please make a note of this number should you wish to make any
further enquiries. If you have provided contact details we will respond to
you within 10 working days.
Kind regards
Customer Services
This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].
Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.
Security Warning: It is the responsibility of the recipient to ensure that
this e-mail and any attachments are virus free. The Authority will not
accept liability for any damage caused by a virus.
From: Freedom Of Information Mail
Cornwall Council
24 November 2009
Dear Mr Nunn
Please find attached acknowledgement of your reuqest for internal review
of the way the Council responded to your request under the Freedom of
Information Act 2000.
Please contact me if you are unable to open the attached document.
Kind regards
Sarah
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Department
Cornwall Council
Tel: 01872 326413
Email: [1][Cornwall Council request email]
Central Scanning Unit, County Hall, Truro. TR1 3AY
[2]www.cornwall.gov.uk
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facilities to help with mobility, vision or hearing, or information in a
different format.
Please consider the environment. Do you really need to print this email?
This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].
Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.
Security Warning: It is the responsibility of the recipient to ensure that
this e-mail and any attachments are virus free. The Authority will not
accept liability for any damage caused by a virus.
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From: Freedom Of Information Mail
Cornwall Council
29 December 2009
Dear Mr Nunn
Please find attached response to your request for internal review of the
way the Council dealt with your original request IAR-002483. Please accept
my apologies for the delay of our response.
Please contact me if you have any questions.
Many thanks, kind regards
Sarah
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Department
Cornwall Council
Tel: 01872 326413
Email: [1][Cornwall Council request email]
Central Scanning Unit, County Hall, Truro. TR1 3AY
[2]www.cornwall.gov.uk
Please let us know if you need any particular assistance from us, such as
facilities to help with mobility, vision or hearing, or information in a
different format.
Please consider the environment. Do you really need to print this email?
This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].
Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.
Security Warning: It is the responsibility of the recipient to ensure that
this e-mail and any attachments are virus free. The Authority will not
accept liability for any damage caused by a virus.
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From: Freedom Of Information Mail
Cornwall Council
15 January 2010
Dear Mr Nunn
I have tried sending you copies of the reports we have collated in
response to your request by email but the size of the email is too large
for your mailbox. Please can you send me your postal address and I will
send you hard copies in the mail.
Kind regards,
Sarah
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Department
Cornwall Council
Tel: 01872 326413
Email: [Cornwall Council request email]
Central Scanning Unit, County Hall, Truro. TR1 3AY
www.cornwall.gov.uk
Please let us know if you need any particular assistance from us, such
as facilities to help with mobility, vision or hearing, or information
in a different format.
Please consider the environment. Do you really need to print this email?
This e-mail and attachments are intended for above named only and may be confidential. If they have come to you in error you must take no action based on them, nor must you copy or show them to anyone; please e-mail us immediately at [email address].
Please note that this e-mail may be subject to recording and/or monitoring in accordance with the relevant legislation and may need to be disclosed under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004.
Security Warning: It is the responsibility of the recipient to ensure that this e-mail and any attachments are virus free. The Authority will not accept liability for any damage caused by a virus.
From: Trevor R Nunn
15 January 2010
Dear Freedom Of Information Mail,
The response to my FOI request requires two numbers, nothing more
nothing less. Therefore, I do not accept that a file containing two
numbers can be too large to send by email. Or in the alternative a
valid exemption why you are refusing to give me the two numbers.
Why are you padding the response with copies of reports I did not
request?
Yours sincerely,
Trevor R Nunn
From: Freedom Of Information Mail
Cornwall Council
19 January 2010
Dear Mr Nunn
Thank you for your email.
I am sorry if the Council's letter to you dated 29 December 2009 was not
clear. The Council is refusing to provide you with the number of Local
Government Act Part III Section 32(3) notices each council has been
served with by the Local Government Ombudsman ("LGO"), and the number of
times the LGO has found each council guilty of maladministration for
misusing a Section 32(3) notice under Section 12 of the Freedom of
Information Act 2000. This is because to properly address your request
would require an analysis of every file for each of the seven Councils
for the last five years to ascertain whether section 32(3) had been
invoked and if so what the outcome of that was. This information is not
collated or held centrally.
The Council offered to provide you with the reports that have been
presented to the seven Councils on the LGO statistics in order to help
you with your enquiry, but will not send these to you if they are not
required.
Kind regards
Sarah
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Department
Cornwall Council
Tel: 01872 326413
Email: [Cornwall Council request email]
Central Scanning Unit, County Hall, Truro. TR1 3AY
www.cornwall.gov.uk
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From: Trevor R Nunn
20 January 2010
Dear Freedom Of Information Mail,
Thank you for your latest response but unfortunately you have just
repeated the same mistake and refused to give me something I didn't
ask for.
You say "The Council is refusing to provide you with the number of
Local Government Act Part III Section 32(3) notices each council
has been served with by the Local Government Ombudsman ("LGO")"
But I didn't ask for the number of notices a council has been
served with by the LGO!!
For your information a Section 32(3) notice is not served on the
council by the Local Government Ombudsman (LGO).
A Section 32(3) notice is served on the Local Government Ombudsman
by the council. Or more accurately a council's legal department.
In addition your monitoring officer is under a statutory and
constitutional obligation to tell the council every time the
council has committed maladministration.
A council monitoring officer is also usually head of legal, so
again the legal department should know how many times the council
has been found guilty of maladministration by the LGO for misusing
a Section 32(3) notice.
I am astounded that your legal department, who you say have been
involved with this FOI request, do not understand what a Section
32(3) notice is and that they are responsible for serving it on the
Local Government Ombudsman (LGO)
You have ten days in which to explain and clarify before I submit a
complaint to the ICO. You can hardly have conducted a proper
internal review as you clearly didn't even understand the subject
matter being requested.
Yours sincerely,
Trevor R Nunn
From: Freedom Of Information Mail
Cornwall Council
21 January 2010
Dear Mr Nunn
Thank you for your email. Please accept my apologies for using incorrect
terms in my last email. I can assure you that it was not me who reviewed
your case, but Matthew Stokes, a solicitor in the Council's Legal
Services. I can only repeat what we have already provided to you in our
response letter:
"Matthew Stokes agrees with the Council's original response to you.
Matthew has checked the 2007, 2008 and 2009 reviews by the LGO for each
of the former seven Councils in Cornwall which are freely available on
the LGO web site and none of those reviews make any mention of any use
of notification under section 32(3) of the 1974 Act or any finding of
maladministration as a result of the use of such notification procedure.
The link below will take you to the front page of Council's Performance
and from there the reviews to which we have referred can be accessed."
If you are still not satisfied with this response, please contact the
Information Commissioner's Office.
Kind regards
Sarah
Sarah White
Policy Officer - Business Intelligence
Chief Executive's Department
Cornwall Council
Tel: 01872 326413
Email: [Cornwall Council request email]
Central Scanning Unit, County Hall, Truro. TR1 3AY
www.cornwall.gov.uk
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From: Trevor R Nunn
21 January 2010
Dear Freedom Of Information Mail,
Thank you, I will take your advice and submit a complaint to the
ICO. For your information, the mistake was not only made in your
last email but has been made throughout my FOI request, I do not
consider it acceptable that the council base their refusal and
their review of that refusal on their own flawed interpretation of
the information I asked for.
Especially since the people who should know better actually carried
out the review. My complaint will be with the ICO later today.
Yours sincerely,
Trevor R Nunn
Complaint submitted to the ICO.
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