LG Act 1974 Part III Section 32(3) notices

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Dear Mr Nunn
I am writing further to your email below. I have had the following
response from the Head of Legal & Democratic Services:

As discussed, a notice served under Section 32 (3) enables an
authority to specify to the local commissioner (the Ombudsman) that the
disclosure of certain documents or information supplied by the
authority by the Ombudsman to be contrary to the public interest. The
effect of the notice is to prevent the Ombudsman from communicating any of
the specified information to any other person - for instance someone who
has complained to the Ombudsman. Such a notice can though be
discharged by the Secretary of State.

I can confirm in answer to Mr Nunn's first question that the County
Council has not, certainly within the last five years that I have been in
post, issued any notices under Section 32 (3) of the 1974 Act. It follows
on from this that in answer to the second question there have been no
findings of maladministration over misuse of a Section 32
(3) notice.

The Ombudsman does make it very clear in his communication with
councils that all information that we send him about a complaint will
usually be shared with the complainant. On one recent occasion I
have highlighted to the Ombudsman concern about the possible disclosure of
certain information to a complainant and I asked the Ombudsman to
speak to me first if he was minded to disclose what was sensitive
information. Dorset County Council has good relations with the
Ombudsman and his investigators and because of this there has not been a
need to resort to any formal notice.

I hope this information is useful to you, and completes your request for
information. If you are not completely satisfied with my response, please
contact me again, or write to the complaints officer at: Dorset County
Council, County Hall, Colliton Park, Dorchester, Dorset DT1 1XJ. Or you
can follow the complaints procedure that can be found on our website
www.dorsetforyou.com at http://212.104.140.176/index.jsp?article...
If your appeal is not resolved to your satisfaction, you have the right to
apply to the Information Commissioner for a decision.

Yours sincerely

Freedom of Information Team
Dorset County Council

Trevor R Nunn
<request-20219-eb
4619dd@whatdothey To
know.com> FOI requests at Dorset County
Council <[Dorset County Council request email]>
11/10/2009 01:36 cc

Subject
Freedom of Information request - LG
Act 1974 Part III Section 32(3)
notices

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

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