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Local Government Ombudsman

A Freedom of Information request to Sunderland City Council by A Johnson

The request was successful.

A Johnson

25 August 2008

Dear Sir or Madam,

I would like to know,

a) how many findings of maladministration the local government
ombudsman has made against your council over the last 10 years.

b) how many findings of maladministration your council, either in
full or in part, has refused to accept.

c) how many findings of maladministration your council has accepted
but refused to comply, either in full or in part, with the local
government ombudsman's recommended remedy.

Yours faithfully,

A Johnson

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Owen Thomas
Sunderland City Council

26 August 2008

Dear Mr Johnson

Thank you for your interest in information held by the Council, received in this office 26 August. Your questions have been logged under Customer No 775, Query No 1140 and will now be passed to the appropriate Link Officers for action and response.

I trust this is satisfactory.

Sincerely,

O Thomas
Sunderland City Council

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Margaret Douglas
Sunderland City Council

26 August 2008

Dear Mr Johnson.

Thank you for your enquiry.

The council's Ombudsman records are available since 2001 and my response
is therefore based on that period. The situation regarding
maladministration findings is slightly complicated following a legal
ruling in 2002 but I hope I have managed to explain it.

In answer to your questions:

A) Since 2001, three findings of maladministration in two cases have
been made against Sunderland City Council. However these are
retrospective findings of maladministration following the decision in
what is known as the "Maxhuni Case" (R (Maxhuni) v Commissioner for
Local Administration for England, [2002]).

At the time the cases were determined, they were "Local Settlement
Reports" but, following Maxhuni, they were subsequently categorised as
Maladministration Reports.

There have been no "original" maladministration reports issued since
2001.

B) Given the above, that at the time they were not Maladministration
Reports - the Local Settlement Report findings were fully accepted.

C) None.

Ordinarily our customers can request an internal review of their case if
unhappy with the information we have provided, these reviews being
removed from the appropriate department and coordinated by myself. In
this particular case, your request is for information held by the
department responsible for undertaking the Council's reviews and
therefore it would seem appropriate to refer a complaint or review
request direct to the Information Commissioner's Officer if you are
unhappy with our response.

I hope this is helpful.

Yours sincerely

Margaret Douglas

Customer Services Manager

Sunderland City Council

Dear Mr Johnson

Thank you for your interest in information held by the Council, received
in this office 26 August. Your questions have been logged under
Customer No 775, Query No 1140 and will now be passed to the appropriate
Link Officers for action and response.

I trust this is satisfactory.

Sincerely,

O Thomas

Sunderland City Council

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