Local Government Ombudsman

A Johnson made this Freedom of Information request to Ryedale District Council

The request was successful.

From: 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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From: Anthony Winship
Ryedale District Council

26 August 2008

Thank you for your e-mail dated 25 August 2008 received by me on 26 August 2008.

Please note that Section 8 of the Freedom of Information Act 2000 provides
that a request for information needs to state the address for
correspondence.

I shall be obliged if you will supply your postal address within the next
seven days, your request for information will then be processed.

Thank you for your assistance.

Regards

Anthony Winship
Council Solicitor
Ryedale District Council
Malton
York
YO17 7HH
(01653) 600666 x267

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From: A Johnson

26 August 2008

Dear Anthony Winship,

You have my email address and that's all you need. I am not obliged
to provide a postal address please check your facts.

Yours sincerely,

A Johnson

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From: Anthony Winship
Ryedale District Council

26 August 2008

Thank you for your e mail.

I appreciate you sharing your interpretation of
Section 8 of the Freedom of Information Act 2000
with me.

In my opinion the language of Section 8 of the Freedom of Information
Act 2000 is clear. The dictionary definition of the words "address"
and "correspondence" can be readily ascertained.

Your interpretation does not accord with my interpretation
of Section 8 of the Freedom of Information
Act 2000.

You are therefore requested to supply the information required by
Section 8 of the Freedom of Information Act 2000 to make a valid
request for information.

Once you comply with Section 8, I can deal with your request.

I am sorry if that is not the outcome you were hoping for.

Regards

Anthony Winship

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From: A Johnson

26 August 2008

Dear Anthony Winship,

I have made a valid Freedom of Information request.

Section 8 (2) For the purposes of subsection (1)(a), a request is
to be treated as made in writing where the text of the request—

(a) is transmitted by electronic means,

(b) is received in legible form, and

(c) is capable of being used for subsequent reference.

Either send me the information requested in the form I have
requested to the address I have provided or give me the name of the
person I can ask to review your decision.

It may save time if you check with the ICO first because this is
not the first time a council has misinterpreted the FOI Act in the
way you have.

Yours sincerely,

A Johnson

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From: A Johnson

26 August 2008

Dear Anthony Winship

The following may save you some time in deciding whether to supply
the information I have requested.

8.1.b of the FOI Act asks for an "address for correspondence", the
email address I am using is sufficient.

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."

Yours sincerely,

A Johnson

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From: Judy Alderson
Ryedale District Council

27 August 2008

Dear Mr Johnson

Freedom of Information Request - MALADMINISTRATION

Thank you for your e-mails dated 25 August 2008 and 26 August 2008 which we
received on 26 August 2008. We are treating this as a request for
information under the Freedom of Information Act 2000.

Normally, if we hold the information, we will let you have it as soon as we
can, but in any case within twenty working days. If your request involves
more than one section within the Council, you may possibly receive more than
one letter in response. This is so that you can have the information as
quickly as possible.

If we believe that there is a good reason why any of the information should
not be disclosed, we will let you know as much as we can about how we
reached our decision.

We hope you will be happy with our service. But if you are not satisfied
with the way your request is being handled, please contact-
Freedom of Information Officer
Ryedale House, Malton, North Yorkshire
or email [Ryedale District Council request email] <mailto:[Ryedale District Council request email]>
and your complaint will be considered by an Appeal Panel.

If, after their decision, you are still not happy, you may appeal to-
The Information Commissioner
Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF
Tel: 01625 545745 Fax: 01625 524510
e-mail: [email address] <mailto:[email address]>
website: www.informationcommissioner.gov.uk

Yours sincerely

K A WINSHIP

K A Winship
Council Solicitor

Judy Alderson
Practice Co-ordinator
Legal Services

01653 600666 ext 255

This email is intended for the addressee only. It may contain information
which is confidential, legally privileged and/or copyright. If you receive
this in error, please contact the sender and delete the material from your
computer.

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From: Judy Alderson
Ryedale District Council

29 August 2008

Attachment JAA0621.doc
316K Download View as HTML

Please find attached a full response to your e-mail dated 26 August 2008
relating to the above matter.

Judy Alderson
Practice Co-ordinator
Legal Services

01653 600666 ext 255

This email is intended for the addressee only. It may contain information
which is confidential, legally privileged and/or copyright. If you receive
this in error, please contact the sender and delete the material from your
computer.

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