Memorandum of understanding

T Thomas made this Freedom of Information request to Woking Borough Council

Woking Borough Council did not have the information requested.

From: T Thomas

11 February 2009

Dear Sir or Madam,

Introduction

As you should be aware your monitoring officer is statutory obliged
to bring to the attention of your council every instance in which
they break the law.

There is a failure on the monitoring officers part to record and
report the number of times the council has failed to meet the
statutory 20 day deadline for responding to Freedom of Information
requests.

http://www.whatdotheyknow.com/request/fr...

It is doubtful that the monitoring officer would operate in such a
cavalier fashion without written authority, therefore,

Freedom of Information request,

Please supply a copy of the memorandum of understanding between the
council and the monitoring officer that allows the monitoring
officer to ignore their statutory duty and keep the council in the
dark as to the number of times they break the law.

Yours faithfully,

T Thomas

Link to this

From: Comments
Woking Borough Council

11 February 2009

Thank you for your e-mail message.

A member of the team will respond to you as quickly as possible. In the meantime, if you would like to speak to someone, please call our main switchboard on 01483 755855. Please also be aware that a wide range of information about the Council and its services is available on our website www.woking.gov.uk.

Link to this

From: Comments
Woking Borough Council

11 February 2009

Thank you for your email which has been forwarded to the appropriate person for a response.

regards

Annette Griffin
Customer Services Officer
Local Services

Telephone Number:01483 755855
Fax Number:
WEB: www.woking.gov.uk

________________________________

From: T Thomas [mailto:[FOI #7936 email]]
Sent: Wed 11/02/2009 00:18
To: Comments
Subject: Freedom of Information request - Memorandum of understanding

Dear Sir or Madam,

Introduction

As you should be aware your monitoring officer is statutory obliged
to bring to the attention of your council every instance in which
they break the law.

There is a failure on the monitoring officers part to record and
report the number of times the council has failed to meet the
statutory 20 day deadline for responding to Freedom of Information
requests.

http://www.whatdotheyknow.com/request/fr...

It is doubtful that the monitoring officer would operate in such a
cavalier fashion without written authority, therefore,

Freedom of Information request,

Please supply a copy of the memorandum of understanding between the
council and the monitoring officer that allows the monitoring
officer to ignore their statutory duty and keep the council in the
dark as to the number of times they break the law.

Yours faithfully,

T Thomas

-------------------------------------------------------------------
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/about...

Is [Woking Borough Council request email] the wrong address for Freedom of
Information requests to Woking Borough Council? If so please
contact us using this form:
http://www.whatdotheyknow.com/help/contact
-------------------------------------------------------------------

Link to this

From: Peter Bryant
Woking Borough Council

25 February 2009

Dear Mr Thomas,

Thank you for your e-mail.

The Council does not hold the information requested (as the memorandum you
refer to does not exist).

The assumption upon which your request seems to be based is incorrect.

I hope that you are satisfied with the way in which your request for
information has been dealt with. If not, the Council has decided that any
complaint regarding requests for information that cannot be dealt with
satisfactorily on an informal basis should be dealt with in accordance
with its established complaints procedure. Details of our complaints
procedure may be found at:
[1]http://www.woking.gov.uk/council/about/c... .
Alternatively, I can forward you a paper copy of a leaflet giving details.
I am also happy to discuss any queries that you may have regarding how we
have dealt with your request for information. In addition, you may apply
to the Information Commissioner for a decision whether your request for
information has been dealt with in accordance with the requirements of the
Act (although I understand that the Information Commissioner may decline
to become involved if you have not first exhausted the Council's
complaints procedure). The Information Commissioner may be contacted at
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF; tel. 01625
545745; fax. 01625 524510; e-mail. [2][email address]

Regards,

Peter Bryant

Head of Legal Services

Woking Borough Council

References

Visible links
1. http://www.woking.gov.uk/council/about/c...
http://www.woking.gov.uk/council/about/c...
2. mailto:[email address]
mailto:[email address]

Link to this

T Thomas left an annotation (25 February 2009)

Peter Bryant, Head of Legal Services, Woking Borough Council does not think it important to record the number of times his council breaks the law regarding FOI requests.

http://www.whatdotheyknow.com/request/fr...

Link to this

From: T Thomas

25 February 2009

Dear Peter Bryant,

Woking Council Constitution

10.03 Statutory Functions of the Monitoring Officer

(b) Ensuring lawfulness and fairness of decision making. After
consulting with the Head of Paid Service and Chief Finance Officer,
the Monitoring Officer will report to the Full Council or to the
Executive in relation to an executive function if he or she
considers that any proposal, decision or omission would give rise
to unlawfulness or if any decision or omission has given rise to
mal-administration. Such a report will have the effect of stopping
the proposal or decision being implemented until the report has
been considered.

Every time the FOI officer decides not to acknowledge a Freedom of
Information request with the 20 day statutory limit they are making
a conscious decision to break the law. Why is the monitoring
officer not bringing this to the attention of the council?

Yours sincerely,

T Thomas

Link to this

Things to do with this request

Anyone:
Woking Borough Council only: