Monitoring Officer

Dear Sir or Madam,

I would appreciate copies of all monitoring officer reports issued
by the Council following admission and or agreement by the Council
that they had committed maladministration causing injustice, as
evidenced through an local settlement agreed with the Local
Government Ombudsman, as well as any monitoring officer report
produced following a formal finding identified through a
maladministration and injustice report by the Local Government
Ombudsman for the last six years.

If a monitoring officer report has not been produced, I should
appreciate clarification if the Council rejected both the
Ombudsman's findings and their recommendations in relation to each
settlement agreed, and copies of all associated documentation for
the last six years.

Yours faithfully,

Stuart Hardwicke Carruthers

Dear Hewkin, Sue,

Many thanks for your letter.

In my request for information I made no reference to a need for an
Local Government Ombudsman Decision against Amber Valley Borough
Council. My request relates entirely to the duties of the
Monitoring Officer under the Local Government and Housing Act, 1989
and a need for them to produce a report (i.e. duty).

It states in the annual letters from the LGO in relation to a
number of local settlements that the Amber valley has admitted
fault, has provided compensation, changed procedures and
apologised. Further it is identified that the Amber Valley
Council has contravened FoI in responding to the LGO in
the LGO's annual letters. The LGO has also identified that a number
of complaints fall outside of their jurisdiction.

Your reply fails to answer the questions asked. The Council have
effectively identified and agreed with the LGO that a monitoring
officer report should be produced. This is clearly identified when
the relevant
sections of the Local Government and Housing Act are placed next to
the LGO's annual letter to the Council.

The records must exist othewise the Council would have not been
able to reach any agreement with the LGO, and would have disputed
their annual letters.

Please provide the answers and/or any delegation given to the
Council's monitoring officer that they can ignore their duties.

If the Council has identified that the monitoring officer can
ignore their duties records relating to a number of decisions by
different Council's as identified by s2 of the Local Government Act
1972 should be available. I would also point out to the current
monitoring officer that the position is a function (not a person)

Please additionally identify the monitoring officers employed by
the Council's for the last six years, and if they are a solicitor.

Internal Review is requested.

Yours sincerely,

Stuart Hardwicke Carruthers