LGO investigations.

Trevor R Nunn made this Freedom of Information request to East Cambridgeshire District Council

The request was successful.

From: Trevor R Nunn

9 January 2009

Dear Sir or Madam,

During the last five years how many times has the Local Government
Ombudsman (as a result of investigating a complaint against East
Cambridgeshire District Council) brought to the attention of the
council the fact that a member of East Cambridgeshire District
Council staff had misled them, lied to them or done anything else
to hinder their investigation. If they have what disciplinary
action was taken against the individual(s) concerned by the
council.

Yours faithfully,

Trevor R Nunn

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From: Lorraine Hogg
East Cambridgeshire District Council

12 January 2009

Dear Mr Nunn

Thank you for your Freedom of Information request below. This has been logged under reference 10025.3- 244 and passed to the appropriate department. You should expect to receive a reply within 20 working days, being 9 February 2009.

PLEASE ALSO NOTE THAT THE DISCLAIMER AT THE END OF YOUR ORIGINAL "WHAT DO THEY KNOW.COM" EMAIL STATES THAT THE INFORMATION PROVIDED WILL BE PUT ON THEIR "WHAT DO THEY KNOW" WEBSITE. THIS WOULD AMOUNT TO A RE-USE OF INFORMATION AND PLEASE NOTE THAT BEFORE DOING SO, AN APPLICANT MUST SPECIFICALLY REQUEST PERMISSION FROM THE COUNCIL, IN ACCORDANCE WITH THE RELEVANT RE-USE OF PUBLIC SECTOR INFORMATION REGULATIONS 2005 AND THE COUNCIL'S OWN POLICY DOCUMENT / FORM UNDER THE PUBLICATION SCHEME (AVAILABLE VIA THE INTERNET.) SUCH A REQUEST WOULD BE CONSIDERED SEPARATELY IN ACCORDANCE WITH THE REGULATIONS AND IS NOT AUTOMATIC. THEREFORE NO PERMISSION IS IMPLIED IN THE RE-USE OF THIS INFORMATION, UNTIL SUCH REQUEST TO RE-USE IS MADE AND AGREED, SUBJECT TO ANY APPROPRIATE CONDITIONS. I HAVE ATTACHED A LINK TO THE REGULATIONS FOR EASE OF REFERENCE: http://www.opsi.gov.uk/si/si2005/2005151....

Regards
Local Land Charges

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From: Land Charges
East Cambridgeshire District Council

12 January 2009

Dear Mr Nunn

Thank you for your Freedom of Information Request reference 10025.3 - 244.

As the website responses are put on the web, without the consent of the Council - under the reuse of information regulation, the Council requires a land address to provide any response to.

Yours sincerely

Local Land Charges

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From: Trevor R Nunn

12 January 2009

Dear Land Charges,

I request an internal review of your refusal to supply the
information requested to the email address supplied. I am asking
for nothing more than public information and as such it's
ridiculous to suggest the public should not be able to read it.

Yours sincerely,

Trevor R Nunn

Link to this

From: Jeanette Thompson
East Cambridgeshire District Council

26 January 2009

PLEASE ALSO NOTE THAT THE DISCLAIMER AT THE END OF YOUR ORIGINAL "WHAT DO THEY KNOW.COM" EMAIL STATES THAT THE INFORMATION PROVIDED WILL BE PUT ON THEIR "WHAT DO THEY KNOW" WEBSITE. THIS WOULD AMOUNT TO A RE-USE OF INFORMATION AND PLEASE NOTE THAT BEFORE DOING SO, AN APPLICANT MUST SPECIFICALLY REQUEST PERMISSION FROM THE COUNCIL, IN ACCORDANCE WITH THE RELEVANT RE-USE OF PUBLIC SECTOR INFORMATION REGULATIONS 2005 AND THE COUNCIL'S OWN POLICY DOCUMENT / FORM UNDER THE PUBLICATION SCHEME (AVAILABLE VIA THE INTERNET.) SUCH A REQUEST WOULD BE CONSIDERED SEPARATELY IN ACCORDANCE WITH THE REGULATIONS AND IS NOT AUTOMATIC. SEE LINK TO COUNCIL POLICY AND GUIDANCE FORMS FOR APPLICATION: http://www.eastcambs.gov.uk/docs/publica... . THEREFORE NO PERMISSION IS IMPLIED IN THE RE-USE OF THIS INFORMATION, UNTIL SUCH REQUEST TO RE-USE IS MADE AND AGREED, SUBJECT TO ANY APPROPRIATE CONDITIONS. I HAVE ATTACHED A LINK TO THE REGULATIONS FOR EASE OF REFERENCE: http://www.opsi.gov.uk/si/si2005/2005151....

Re: request 5710-0352b014, & request for review

For clarification, the Council has not refused to supply you with the information, but has asked you for a contact address to confirm the details of the applicant, to supply a response.

In fulfilling the FOIA/ EIR role the Council is entitled to be satisfied that they have the name and address for communication purposes.

The reason for seeking confirmation of addressee/ alternative address for communications (sections 8 & 11 FOIA 2000): As this request has come from a website, then it is difficult to be satisfied as to whether this is from one individual or from many. The Council has had repeated requests from the whatdothey know website for similar information regarding Ombudsmen complaints - most of the responses to which are available on the Ombudsman's website, and therefore it is arguable that these duplicate/ are vexatious requests.

Furthermore, the website, or requestees, contrary to the Reuse of Public Sector Information Regulations, reuses the information on the whatdotheyknow website without the necessary consent being obtained from the Council. The right of an applicant to review information is not the same as reusing it. Please see link: http://www.opsi.gov.uk/advice/psi-regula...

Review decision/ response:
I therefore cannot see the rationale for your reluctance to confirm an alternative address for a response to this request; however, the request cannot be processed until this is received, for the reasons specified above. The Council will be more than happy to deal with your request once a contact address is received.

If you disagree with the decision or are otherwise unhappy with how we have dealt with your request you have a right to appeal against the decision by contacting EIR/FOI Complaints, the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF, enquiries @ico.gsi.gov.uk.

Jeanette Thompson
Head of Legal Services & Monitoring Officer

PLEASE ALSO NOTE THAT THE DISCLAIMER AT THE END OF YOUR ORIGINAL "WHAT DO THEY KNOW.COM" EMAIL STATES THAT THE INFORMATION PROVIDED WILL BE PUT ON THEIR "WHAT DO THEY KNOW" WEBSITE. THIS WOULD AMOUNT TO A RE-USE OF INFORMATION AND PLEASE NOTE THAT BEFORE DOING SO, AN APPLICANT MUST SPECIFICALLY REQUEST PERMISSION FROM THE COUNCIL, IN ACCORDANCE WITH THE RELEVANT RE-USE OF PUBLIC SECTOR INFORMATION REGULATIONS 2005 AND THE COUNCIL'S OWN POLICY DOCUMENT / FORM UNDER THE PUBLICATION SCHEME (AVAILABLE VIA THE INTERNET.) SUCH A REQUEST WOULD BE CONSIDERED SEPARATELY IN ACCORDANCE WITH THE REGULATIONS AND IS NOT AUTOMATIC. SEE LINK TO COUNCIL POLICY AND GUIDANCE FORMS FOR APPLICATION: http://www.eastcambs.gov.uk/docs/publica... . THEREFORE NO PERMISSION IS IMPLIED IN THE RE-USE OF THIS INFORMATION, UNTIL SUCH REQUEST TO RE-USE IS MADE AND AGREED, SUBJECT TO ANY APPROPRIATE CONDITIONS. I HAVE ATTACHED A LINK TO THE REGULATIONS FOR EASE OF REFERENCE: http://www.opsi.gov.uk/si/si2005/2005151....

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From: Trevor R Nunn

26 January 2009

Dear Jeanette Thompson,

Your understanding of the FOI Act is wrong.
You have my name and email address and that is all you need.

The Ministry of Justice has guidance on this – "As well as hard
copy written correspondence, requests that are transmitted
electronically (for example, in emails) are acceptable ... If a
request is received by email and no postal address is given, the
email address should be treated as the return address."

As if that isn't enough, the Information Commissioner's Hints for
Practitioners say "Any correspondence could include a request for
information. If it is written (this includes e-mail), legible,
gives the name of the applicant, an address for reply (which could
be electronic), and includes a description of the information
required, then it will fall within the scope of the legislation."

I addition information available under the FOI act is by definition
public information.

You state that the Council has not refused to supply me with the
information, but has asked me for a contact address to confirm the
details of the applicant, to supply a response. I have met all the
requirements of the FOI Act so clearly you have refused to supply
the information.

What I do with the information is irrelevant to my original
request.

You have seven days to send me the information or you will leave me
no option but to submit a complaint to the ICO. As most other
councils have supplied the requested information without such
perverse argument you are doing no more than making your council
look worried about the information becoming public knowledge. Your
attempt to defeat the FOI act by using such tactics are deplorable.

Yours sincerely,

Trevor R Nunn

Link to this

From: Jeanette Thompson
East Cambridgeshire District Council

27 January 2009

PLEASE ALSO NOTE THAT THE DISCLAIMER AT THE END OF YOUR ORIGINAL
"WHAT DO THEY KNOW.COM" EMAIL STATES THAT THE INFORMATION PROVIDED
WILL BE PUT ON THEIR "WHAT DO THEY KNOW" WEBSITE. THIS WOULD AMOUNT
TO A RE-USE OF INFORMATION AND PLEASE NOTE THAT BEFORE DOING SO, AN
APPLICANT MUST SPECIFICALLY REQUEST PERMISSION FROM THE COUNCIL, IN
ACCORDANCE WITH THE RELEVANT RE-USE OF PUBLIC SECTOR INFORMATION
REGULATIONS 2005 AND THE COUNCIL'S OWN POLICY DOCUMENT / FORM UNDER
THE PUBLICATION SCHEME (AVAILABLE VIA THE INTERNET.) SUCH A REQUEST
WOULD BE CONSIDERED SEPARATELY IN ACCORDANCE WITH THE REGULATIONS
AND IS NOT AUTOMATIC. SEE LINK TO COUNCIL POLICY AND GUIDANCE FORMS
FOR APPLICATION:
http://www.eastcambs.gov.uk/docs/publica...
. THEREFORE NO PERMISSION IS IMPLIED IN THE RE-USE OF THIS
INFORMATION, UNTIL SUCH REQUEST TO RE-USE IS MADE AND AGREED,
SUBJECT TO ANY APPROPRIATE CONDITIONS. I HAVE ATTACHED A LINK TO
THE REGULATIONS FOR EASE OF REFERENCE:
http://www.opsi.gov.uk/si/si2005/2005151....

Request 5710-0352b014

I have provided the response to the request for the review, for the reasons outlined. The request will be considered once a contact address is provided.

Jeanette Thompson
Head of Legal Services & Monitoring Officer
Tel: (01353) 616372
Fax: (01353) 668803

PLEASE ALSO NOTE THAT THE DISCLAIMER AT THE END OF YOUR ORIGINAL
"WHAT DO THEY KNOW.COM" EMAIL STATES THAT THE INFORMATION PROVIDED
WILL BE PUT ON THEIR "WHAT DO THEY KNOW" WEBSITE. THIS WOULD AMOUNT
TO A RE-USE OF INFORMATION AND PLEASE NOTE THAT BEFORE DOING SO, AN
APPLICANT MUST SPECIFICALLY REQUEST PERMISSION FROM THE COUNCIL, IN
ACCORDANCE WITH THE RELEVANT RE-USE OF PUBLIC SECTOR INFORMATION
REGULATIONS 2005 AND THE COUNCIL'S OWN POLICY DOCUMENT / FORM UNDER
THE PUBLICATION SCHEME (AVAILABLE VIA THE INTERNET.) SUCH A REQUEST
WOULD BE CONSIDERED SEPARATELY IN ACCORDANCE WITH THE REGULATIONS
AND IS NOT AUTOMATIC. SEE LINK TO COUNCIL POLICY AND GUIDANCE FORMS
FOR APPLICATION:
http://www.eastcambs.gov.uk/docs/publica...
. THEREFORE NO PERMISSION IS IMPLIED IN THE RE-USE OF THIS
INFORMATION, UNTIL SUCH REQUEST TO RE-USE IS MADE AND AGREED,
SUBJECT TO ANY APPROPRIATE CONDITIONS. I HAVE ATTACHED A LINK TO
THE REGULATIONS FOR EASE OF REFERENCE:
http://www.opsi.gov.uk/si/si2005/2005151....

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From: Trevor R Nunn

27 January 2009

Dear Jeanette Thompson,

You have my contact address don't be so stupid.

Yours sincerely,

Trevor R Nunn

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From: Trevor R Nunn

11 February 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 East Cambridgeshire
District Council's handling of my FOI request 'LGO
investigations.'.

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 sincerely,

Trevor R Nunn

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Trevor R Nunn left an annotation (11 February 2009)

This request highlights the stupidity of some local authorities.

The fact that I, or others, may, or may not, publish information they supply is irrelevant to the original request. That is an issue for the council to deal with once the information has been supplied and made public.

Serious questions must be asked about a council wanting to keep public information private.

With the ICO, time will tell.

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Trevor R Nunn left an annotation (11 February 2009)

Many other people, including myself, have been given information by this council via this website before. Just what have the council now got to hide???? So much for democracy and freedom of information when a council can refuse to supply public information on the grounds that the public may see it!

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From: Landcharges
East Cambridgeshire District Council

12 February 2009

Dear Mr Nunn

Thank you for your email of 11 February 2009.

Please note the council has nothing to hide and you will not doubt appreciate that information on Ombudsmens complaints is available directly from the Ombudsmen. Please see link: http://www.lgo.org.uk/complaint-outcomes/

Yours sincerely
Landcharges

Confidential and subject to Legal Professsional Privilege

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From: Trevor R Nunn

12 February 2009

Dear Landcharges,

Please stop trying to send me off on a wild goose chase. The
specific information I seek is not available from the LGO link
provided. As you should be aware the LGO only publish details of
the small number of investigations they complete. The majority are
settled locally, where the council admits being wrong and agrees to
settle. These are not reported in detail. Only your monitoring
officer would have the information I seek.

For your information, I have already submitted a complaint to the
ICO.

Yours sincerely,

Trevor R Nunn

Link to this

From: Landcharges
East Cambridgeshire District Council

12 February 2009

Dear Mr Nunn

Thank you for your email, I refer to Mrs Thompson's email to you on 27 January 2009, as below.

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Trevor R Nunn left an annotation (12 February 2009)

Ah, after the recent diversion we are now back to their original reason for not supplying the information. How an earth can the future use of the information requested be used to deny the information in the first place? Logically they should supply the information, and then, and only then, take action if they consider I, or others, have misused the information.

The issues are completely separate and the council is wholly wrong to try and merge the two in a desperate attempt to deny me the information.

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T Thomas left an annotation (12 February 2009)

Talk about shooting themselves in the foot. Their ongoing reluctance to supply information requested is just drawing more and more attention to the issue.

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From: foi
East Cambridgeshire District Council

29 April 2009

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Trevor R Nunn left an annotation (29 April 2009)

This FOI request illustrates how many councils waste a vast amount time, effort and council taxpayers money trying to evade valid FOI requests. The question is why?

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Trevor R Nunn left an annotation (29 April 2009)

Further to my earlier annotation, it should not have been necessary to submit a complaint to the Information Commissioner.

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D. Speers left an annotation (29 April 2009)

Thanks Trevor,
If only we, the public, had the insider knowledge and public resources to continually challenge these bureaucratic delaying responses then maybe things would really be open and transparent. If we used the myriad of complaints systems offered then what?.....what actually happens to upheld complaints....in any system!!
Keep doing what you keep doing and you get what you always get!
Regards
Dee

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D. Speers left an annotation (29 April 2009)

Bless your patience Trevor....you are an inspiration to us all....or do you need that in CAPS!. I think the thing that guiles me the most is that we are paying the wages of public servants, who by the the very nature of the job should be accountable. How the hell can any lessons be learnt, if all are diving for cover and too busy denying them!
Nothing left but the power of persistance! So carry on being a patient but persistant pain in the proverbial....right there with you!
Dee:o)

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T. Morgan left an annotation (30 April 2009)

What is it with the 're-use of information' nonsense that council attach to their responses? We all know that once we have the information we can do what we like with it! They are I suspect trying to scare people into not sharing the information with others.

WHATS WITH THE CAPS ARE THEY UPSET OR SOMETHING?

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Trevor R Nunn left an annotation (30 April 2009)

Further to my earlier annotation regarding the lengths a council will go to block valid FOI requests please check this example out.

http://ombudsmanwatchers.org.uk/lgowatch...

I finally got the information a year after requesting it. Again only because the Information Commissioner got involved. How many £millions of tax payers money is wasted by public authorities trying to avoid the statutory requirement of Freedom of Information?

This website is excellent, the ICO appears quite good at getting the information even though it can take over a year but public authorities and the ombudsmen should be ashamed of themselves for the devious tactics they use to avoid having to supply the information requested.

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D. Speers left an annotation (30 April 2009)

Yes, what a difference this site has made!
No hiding places and all keen to show that they adhere to FOI guidelines.

Well done WDTK......spot on and just in time!

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Trevor R Nunn left an annotation ( 8 August 2009)

I submitted this FOI request to every English Council. I have now collated the results and the full story can be read here

http://ombudsmanwatchers.org.uk/evidence...

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D. Speers left an annotation ( 9 August 2009)

Thanks Trevor,

Another fine example of Neverland!!

Thanks again for your time and tenacity!

Kind Regards
Dee

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