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Local government ombudsman

A Freedom of Information request to Devon County Council by A Johnson

The request was successful.

A Johnson

24 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 (Mrs)

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Freedom of Information Office
Devon County Council

26 August 2008

Your application for Freedom of Information has been received.

Your application reference is 101000271024

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Freedom of Information Office - Mailbox
Devon County Council

26 August 2008

Chief Executive's Directorate

Strategic Intelligence
Room L10
County Hall
Topsham Road
Exeter
EX2 4QD

Tel: 01392 384678
Email: [Devon County Council request email]
Fax: 01392 383165

26th August 2008

Dear Mrs Johnson

Freedom of Information Request: 101000271024

I am in receipt of your request dated 24th August 2008 (received on the
26th August) for information held by Devon County Council about
maladministration.

You are entitled under the Freedom of Information Act 2000 to be
informed whether or not the information you have requested is held by
Devon County Council and if so to be given access to that information
within 20 working days (subject to any exemptions).

You will receive a response to your request by 23rd September 2008.

Yours sincerely

Dave Gardener
Information Management Support Officer
Strategic Intelligence
Room L10
County Hall
Exeter EX2 4QD
Tel: 01392 384678

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Nick Beale
Devon County Council

27 August 2008

Dear Mrs Johnson,

From 1998-2007 there were two findingsof maladminstration agaisnt the
County Council. In neither case did the Council decline to implement the
Ombudsman's recommendations.

The Ombudsman's findings are a matter of public record and each year he
publishes statistics for every local authority in England. In recent
years he has begun writing an annual letter to every Council with
comments on the complaints against each and how they were dealt with.
These letters too are public documents and available on his website
www.lgo.org.uk along with his annual reports.

In Devon all maladministration findings have for about the last 20 years
been reported to the responsible committee of the Council. Since 2001
these reports have gone to the Executive and the Standards Committee and
are considered in public session. Part of that consideration is the
action to be taken in response to the Ombudsman's recommended remedy. In
my own experience (which goes back to the mid/late 1980s) the Council
has never refused to act as the Ombudsman has recommended and the
reports concerned have always been considered in public session
(nowadays broadcast over the internet).

Since 1999 we have made an annual report to the Executive on the past
year's cases and the last such report is on the internet here:

http://www.devon.gov.uk/index/democracyc...
ma_report.htm?cmadoc=report_cs083.html

The statistic of complaints against Devon since 1991 are:

Calendar year Complaints received ... of which
Premature Local settlement
Maladministration
1991 53 n/a n/a n/a
1992 41 n/a n/a n/a
1993 53 n/a n/a n/a
1994 54 n/a 3 1
1995 71 n/a 4 1
1996 64 n/a 6 0
1997 77 n/a 7 3
1998 62 n/a 4 0
1999 46 n/a 0 0
2000 45 9 1 0
2001 41 10 2 0
2002 56 12 6 0
2003 47 7 6 1
2004 73 29 3 0
2005 74 23 6 0
2006 52 10 4 1
2007 47 11 3 0

Notes:

1991-1994 Only incomplete data now available.

1997 One local settlement and one finding of maladministration (not
leading to any injustice) occurred after the complaints had transferred
to successor authorities at reorganisation. The findings were against
DCC but it was for the unitary authorities to find a remedy.

1998 Breakdown of cases: 54 for Devon; 8 complaints regarding Torbay
or Plymouth were received prior to Local Government Reorganisation on 1
April. (Since then, Torbay and Plymouth have been unitary authorities,
so not part of Devon for these figures)

2004 Totals include a premature complaint with nine co-signatories,
counted by the Ombudsman as nine separate complaints.

2005 Totals include 12 complaints about the Kingskerswell Bypass
proposal.

I hope this answers all of your questions but please let me know if not.

Nick Beale
Ombudsman Link Officer
Room G.36, County Hall, Exeter EX2 4QD
tel. (01392) 382296

disclaimer: http://www.devon.gov.uk/email.shtml

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