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Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Audit Commission
The request was successful.
From: Stuart Hardwicke CARRUTHERS
25 September 2008
Dear Sir or Madam,
Please provide copies of all data related to a finding of
maladministration (includng local settlement) against a Council
held by the Audit Commission (for all English Council's) and
identified to exist at this site
http://piprofiles.audit-commission.gov.uk for the last four years.
Please additionally identify all guidance provided to interpret the
data (including validation and verification).
A spreadsheet would be nice.
Yours faithfully,
Stuart Hardwicke CARRUTHERS
From: Gary Shipsey
Audit Commission
25 September 2008
Dear Mr Hardwicke Carruthers
Request for Information RFI 908 - Maladministration records
Thank you for your request for information received on 25 September 2008
The Audit Commission is committed to the principles of the Freedom of
Information Act (FoIA) and will wherever possible provide all the
information requested unless constrained by another statute or by an
exemption within the FoIA.
At this stage it is unclear exactly what information you are requesting.
(1) Please confirm that your request is seeking data held by the
Commission about any finding of maladministration (including local
settlement) against a Council.
(2) Please clarify what you mean by data - as the term, and the preference
for a spreadsheet, implies statistical information.
(3) You make reference to a webpage
[1]http://piprofiles.audit-commission.gov.uk; it appears that you are
claiming that this site demonstrates that the information you seek in (1)
is held by the Commission.
I have located a reference on the site to Complaints data 2006/07 and
2007/08 - however, this links to the Annual Report of another public body,
the English Local Government Ombudsman. The Annual report contains
information about the number of maladministration reports.
I would expect information about the investigations made into claims of
maladministration to be held by LGA. Please can you therefore clarify
whether you are trying to ascertain if the Audit Commission also holds
information about the investigations undertaken by the LGA, and if so,
whether you wish to request access to this?
If we have not received a response within three months from the date of
this e-mail we will close the request. If you require any further
information please contact me using the details below. I look forward to
hearing from you.
Our complaints procedure can be located as follows:
[2]http://www.audit-commission.gov.uk/about...
Yours sincerely,
Gary Shipsey
Compliance Manager
BIS - Information Management
Tel: 0844 798 6286
Email: [email address]
For Freedom of Information (FOI) requests please email
[Audit Commission request email]
Please think before you print this email
show quoted sections
From: Stuart Hardwicke CARRUTHERS
25 September 2008
Dear Gary Shipsey,
The following is contained in another successful FOI request to
Luton Council.
http://www.whatdotheyknow.com/request/lo...
"I am able to supply Ombudsman's letters for the last 3 years
<<ombudsman Annual Letter 2007-8.tif>> <<LGO Annual letter to LBC
2006-07.pdf>> <<ombudsman Annual Letter 2005-6.tif>>
You should contact the Ombudsman's Office for previous years.
Similarly I can provide the following information for the past 4
years from a passworded Audit Commission webpage
Extract from Audit Commission website
http://piprofiles.audit-commission.gov.u...
This takes you to:
http://extranetportal.audit-commission.g...(S(ee1tgaqgpk514u55k5kt2iet))/Homepage.aspx
Complaints
Complaints to the local government ombudsman
During 2007/08, the Local Government Ombudsman received 57
complaints relating to the council, compared to 42 in the previous
year and of those complaints received in 2007/08 7 were dealt with
by local settlement.
Context : Ombudsman: Total complaints received
Comparison group: All Authorities
Year This Authority Increasing / Decreasing Quartile Position
Lowest 25% Median Highest 25%
2004/05 41 2 18 28 51
2005/06 45 <<Picture (Metafile)>> 2 16 28 52
2006/07 42 <<Picture (Metafile)>> 2 16 27 51
2007/08 57 <<Picture (Metafile)>> 1 15 25 49
Context : Ombudsman: Decisions with maladministration
Year This Authority Increasing / Decreasing Regional Average
National Average
2004/05 0 0 0
2005/06 0 <<Picture (Metafile)>> 0 0
2006/07 0 <<Picture (Metafile)>> 0 0
2007/08 0 <<Picture (Metafile)>> 0 0
There are few doubts that it is statistical information that is
held by the Audit Commission. This has already been asserted to by
a member of the Local Government Association ['LGA'].
Obviously, it could be that Audit Commission are linking their
extranet and have entered into a contract with another organisation
to supply the data. In this instance I would anticipate that you
are possibly identifying that the Audit Commission have a contract
with the Local Government Association (LGA) the organisation that
represents Council's.
I would doubt that the Audit Commission would place much faith in
the LGA as it is responsible for auditing the Council's that it
represents.
The Local Government Ombudsman's (LGO) determinations as you are
aware are determinations by the Crown.. and the Government only
acts for the Crown. I would anticipate that this an unclosed
complaint (and a remedy not being provided) has considerable
implications for the government in being able to support a Council
that fails to provide a remedy.
The issue is that in 2007/2008 the LGO determined that there were
nine instances of maladministration by Luton Council (and this is
published in both their report and in their annual letter to the
Council) and yet in the information that Luton Council identifies
is from the Audit Commission this is reported as only seven.
Data matching of the records held by Council's and the LGO over the
last ten years identifies that the Council's hold 50 per cent fewer
records of determinations of formal findings of maladministration
(and associated injustice than the LGO) (full details available,
and already supplied to the Commission for Local Administration in
England).
Obviously if the Local Government Association and/or the Audit
Commission are substituting the records of the LGO determintations
of maladministration (and seeking to have these under reported) to
allow grant payments to be made by government to Council's (despite
the Crown identifying the Council's are maladministrators) this
raises serious issues.. and can effectively only be identified
through data matching. I would further anticipate that the
Government on the advice of the Audit Commission will not be
releasing any grant aid in particular to Trafford Council until
they 'clear up their' acts of maladministration and provide a
remedy.
Luton Council a member of the LGA state that the Audit Commission
holds the data. The Luton Council have also identified very
unambiguously that the Audit Commission data is different to the
LGO's. Obviously if the Audit Commission don't hold the data it
must come from somewhere, and a contractual arrangement must have
been entered into to enable the data sharing - a copy is requested.
Otherwise a full copy of the dataset (including full field
descriptions) covering all English Local Authorities that a member
of the Local Government Association asserts the Audit Commission
holds.
This will enable it to be identified if the Audit Commission or a
third party are knowingly seeking to change the words [in the King
James Bible] of our most protestant majesty and her servants
Yours sincerely
Stuart Hardwick Carruthers
From: Gary Shipsey
Audit Commission
25 September 2008
I will be out of the office until Monday 29th September.
I will pick up your e-mail on my return; alternatively, please contact
Shaun Kavanagh: 0844 798 7961
Diane Skinner: 0844 798 6262
For Freedom of Information (FOI) requests please email
[Audit Commission request email]
show quoted sections
From: Gary Shipsey
Audit Commission
30 September 2008
Dear Mr Hardwicke Carruthers
Request for Information RFI 908 - Maladministration records
Thank you for providing additional information and clarification of your
request. I have starting processing your request, and aim to respond on
or before the statutory deadline of 23 October 2008.
Yours sincerely,
Gary Shipsey
Compliance Manager
BIS - Information Management
Tel: 0844 798 6286
Email: [email address]
For Freedom of Information (FOI) requests please email
[Audit Commission request email]
Please think before you print this email
show quoted sections
From: Gary Shipsey
Audit Commission
14 October 2008
Dear Mr Hardwicke Carruthers
Please find attached our response to your request for information,
reference RFI 908
<<RFI 908 Final Response.doc>>
Yours sincerely,
Gary Shipsey
Compliance Manager
BIS - Information Management
Tel: 0844 798 6286
Email: [email address]
For Freedom of Information (FOI) requests please email
[1][Audit Commission request email]
Please think before you print this email
show quoted sections
From: Stuart Hardwicke CARRUTHERS
14 October 2008
Dear Gary Shipsey,
Many thanks for your clarification. however, the LGO only publishes
data for a single year. A copy of the dataset is requested as
already identified - as this could explain why Local Authorities
have systematically reported both findings of maladministration
causing injustice and other findings of the LGO against themselves
in FoI requests.
The issues don't particularly relate to the Audit Commission,
unless it is supporting misreporting by local government. They do
relate very significantly to audited bodies and their capacity to
meet quite a number of requirements. The issue and cause of the
problem (if there is one) should be relatively easily identifiable
through data matching.
It is already very apparrant that local authorities have been
making up their maladministration findings - and that they are
different to the LGO's.
Yours sincerely,
Stuart Hardwicke CARRUTHERS
From: Gary Shipsey
Audit Commission
22 October 2008
Dear Mr Hardwicke Carruthers
Please find attached the data that the Audit Commission holds for the
following indicators:
Local settlements
Maladministration reports
Maladministration and injustice reports
Decisions with maladministration
Please note that this data was correct at the time of sourcing and
loading to our database; it is possible that the LGO may have made
changes to data without notice.
I trust this satisfies your request for information; a link to our
complaints procedure was provided in my previous correspondence.
Yours sincerely,
Gary Shipsey
Compliance Manager
BIS - Information Management
Tel: 0844 798 6286
Email: [email address]
For Freedom of Information (FOI) requests please email
[Audit Commission request email]
Please think before you print this email
show quoted sections
From: Stuart Hardwicke CARRUTHERS
22 October 2008
Dear Gary Shipsey,
There is only one years data included. Luton very clearly identify
that the Audit Commission hold four years data.
The 2007/2008 data was wrongly entered for Luton that is already
admitted by Audit Commission (and if directly taken from the LGO
spreadsheets) this would have been impossible.
Please identify where the other three years data is.. that Luton
state is held by the Audit Commission. It is clearly identified by
Luton that the Audit Commission hold additional data.. there are
discrepencies with this data as well.
"2004/05
41 2 18 28 51 2005/06 45 <<Picture (Metafile)>> 2 16 28 52 2006/07
42 <<Picture (Metafile)>> 2 16 27 51 2007/08 57 <<Picture
(Metafile)>> 1 15 25 49 Context : Ombudsman: Decisions with
maladministration Year This Authority Increasing / Decreasing
Regional Average National Average 2004/05 0 0 0 2005/06 0 <<Picture
(Metafile)>> 0 0 2006/07 0 <<Picture (Metafile)>> 0 0 2007/08 0
<<Picture (Metafile)>> 0 0"
Please supply the information that it is clearly identified that
the Audit Commission hold and the date of any ammendments to the
data.
Yours sincerely,
Stuart Hardwicke CARRUTHERS
From: Gary Shipsey
Audit Commission
22 October 2008
Dear Mr Hardwicke Carruthers
I understand that there are four tabs on the spreadsheet, one each for
the years 2004-05; 2005-06; 2006-07 and 2007-08.
If you are only able to access the tab for 2007-08 please let me know,
and I can try and help.
Yours sincerely,
Gary Shipsey
Compliance Manager
BIS - Information Management
Tel: 0844 798 6286
Email: [email address]
For Freedom of Information (FOI) requests please email
[Audit Commission request email]
Please think before you print this email
show quoted sections
From: Stuart Hardwicke CARRUTHERS
22 October 2008
Dear Gary Shipsey,
There are four years. When it opened only one year was displayed.
Have found the rest, after same playing with formatting. many
thanks. complete compliance.
Yours sincerely,
Stuart Hardwicke CARRUTHERS
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Stuart Hardwicke CARRUTHERS left an annotation (13 October 2008)
http://www.whatdotheyknow.com/request/el...
the conclusion must be that the audit commission maintains its own records. The records of Council's are very different to those of the LGO. possibly they are similar to those of the Audit Commission.. and demonstrate unwarranted CPA assessments.
Link to this