Dear Sir or Madam,

I make the following request under the Freedom of Information Act
2000.

For each of the years for which you hold the information, please
tell me the following:

How many total complaints have you received against Conwy County
Borough Council (often known as Conwy County Council, or simply
Conwy Council, or CCBC)

Please then advise how many of those complaints have resulted in
the Ombudsman taking some form of investigation action against
CCBC, including providing guidance or instruction, enforcement
action or prosecution.

Also please advise for how many of the complaints received the
Ombudsman found CCBC to be in breach of any Civil or Criminal Law.

Finally please advise of the amounts of compensation CCBC were
advised to pay out to those affected.

I do not need information that identifies individual cases, just
aggregate figures, such as "10 complaints received, action taken on
5, 2 breaches of law, total £5,000 compensation awards recommended"

Yours faithfully,

Colwyn Resident

Dear Sir/Madam

Thank you for contacting the Ombudsman?s office.

Your email has been passed to the appropriate officer and you will receive
a reply in due course.

The Administration Team

Public Services Ombudsman for Wales/Ombwdsmon Gwasanaethau Cyhoeddus Cymru
1 Ffordd yr Hen Gae
Pencoed
Bridgend/Pen-y-bont ar Ogwr
CF35 5LJ

Telephone/Ffôn: 0845 6010987 (local call rate)
Fax/Ffacs: 01656 641199
Email/Ebost: [Public Services Ombudsman for Wales request email]

show quoted sections

Dear Colwyn Resident,

Freedom of Information Act 2000 request.

I refer to your email dated 23 September 2008 relating to a request for
information under the Freedom of Information Act.

I regret that I am unable to process your request as an official Freedom of
information request as section 8 of the Freedom of Information Act 2000
defines such requests as follows;

Freedom of Information Act :Section 8: Request for information

(1) In this Act any reference to a “request for information” is a reference
to such a request which—

(a) is in writing,

(b) states the name of the applicant and an address for correspondence, and

(c) describes the information requested.

To enable us to deal with your request under the above legislation , please
resubmit in writing (electronic means is valid) and include within the
request the name of the applicant and an address for correspondence.

For further information our Public Services Ombudsman for Wales Freedom of
Information Publication Scheme gives details of what information the Public
Services Ombudsman for Wales publishes, and how you can obtain a copy, or
access online via www.ombusdman-wales.org.uk

If you are dissatisfied with the reasons given above, you have the right to
appeal. In this event you should write to me setting out the reason why you
are dissatisfied and I will arrange for an internal review of your appeal
and / or complaint.

We will aim to give you a full reply to your complaint within 28 working
days. If there is good reason why this is not possible we will write and
tell you.

If you are still dissatisfied it is open to you to appeal to: -

Information Commissioner's Office - Wales,
Cambrian Buildings,
Mount Stuart Square,
Cardiff,
CF10 5FL
telephone: 029 2044 8044
fax: 029 2044 8045
email: [email address]

The Information Commissioner is responsible for the operation of the
Freedom of Information Act including the approval/revocation of publication
schemes ensuring public authorities comply with the requirements of the
Act, generally providing information and advising on the Act and the
general promotion of good practice.

Yours sincerely

John I. Young
Corporate Services Manager

ask/PSOW

23/09/2008 10:49 To
Colwyn Resident
<request-3151-b3f94657@whatdotheykn
ow.com>
cc

Subject
Re: Freedom of Information request
- Number of complaints received by
the Ombudsman against Conwy County
Borough Council?(Document link:
John Young)

Dear Sir/Madam

Thank you for contacting the Ombudsman’s office.

Your email has been passed to the appropriate officer and you will receive
a reply in due course.

The Administration Team

Public Services Ombudsman for Wales/Ombwdsmon Gwasanaethau Cyhoeddus Cymru
1 Ffordd yr Hen Gae
Pencoed
Bridgend/Pen-y-bont ar Ogwr
CF35 5LJ

Telephone/Ffôn: 0845 6010987 (local call rate)
Fax/Ffacs: 01656 641199
Email/Ebost: [Public Services Ombudsman for Wales request email]

Colwyn Resident
<request-3151-b3f
94657@whatdotheyk To
now.com> FOI requests at Public Services
Ombudsman for Wales
23/09/2008 10:17 <[Public Services Ombudsman for Wales request email]>
cc

Subject
Freedom of Information request -
Number of complaints received by
the Ombudsman against Conwy County
Borough Council?

Dear Sir or Madam,

I make the following request under the Freedom of Information Act
2000.

For each of the years for which you hold the information, please
tell me the following:

How many total complaints have you received against Conwy County
Borough Council (often known as Conwy County Council, or simply
Conwy Council, or CCBC)

Please then advise how many of those complaints have resulted in
the Ombudsman taking some form of investigation action against
CCBC, including providing guidance or instruction, enforcement
action or prosecution.

Also please advise for how many of the complaints received the
Ombudsman found CCBC to be in breach of any Civil or Criminal Law.

Finally please advise of the amounts of compensation CCBC were
advised to pay out to those affected.

I do not need information that identifies individual cases, just
aggregate figures, such as "10 complaints received, action taken on
5, 2 breaches of law, total £5,000 compensation awards recommended"

Yours faithfully,

Colwyn Resident

show quoted sections

Dear Sir or Madam,

I suggest you read the guidelines set out by the Government:

http://www.ico.gov.uk/upload/documents/l...

“FOIA is, however, applicant and motive blind. It is about
disclosure to the public, and public interests. It is not about
specified individuals or private interests.”

An individual name DOES NOT have to be given, as the request is for
information to be disclosed to the public, not a private
individuals information, which would be covered by the relevant
process under the Data Protection Act.

With regard to a postal address, section 8.1.b of the FOI Act asks
for an "address for correspondence", and states that an email
address is sufficient.

The Ministry of Justice has guidance on this

http://www.justice.gov.uk/guidance/foi-p...

Specifically: "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 also says:

"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."

Therefore I do not consider there is any reason to delay processing
my request. Furthermore, if you had a genuine doubt about
processing an emailed request due to the lack of the postal
address, you should have brought this matter up WHEN you received
the request, NOT at the very last minute when the response is due.

If the information requested has not been released within the 20
days prescribed by law from receipt of my request, formal complaint
will be made to the Information Commissioner.

Yours sincerely,

Colwyn Resident

Dear Colwyn Resident

Thank you for your email dated 15 October 2008.

My response to your information request stated that the Ombudsman would
require the name of the applicant and an address for correspondence to
enable us to respond further , as this is the standard information required
as stated in the Freedom of Information Act.
I can confirm that an email address is an acceptable address for
correspondence and apologise for the misunderstanding.

I can also confirm that the Ombudsman also agrees with the statement that
the Freedom of Information Act is applicant and motive blind.

As mentioned in my previous email and also after seeking clarification with
the Information Commissioner's Office (Wales) ,the Freedom of Information
Act clearly states that an application does require the name of the
applicant.

Whilst the name of the applicant will have no influence on the response to
the information request itself (therefore applicant blind) , there are
valid reasons why public bodies may require a name.
One such reason is to ensure that any requests are not vexatious.This is
mentioned in the ICO's Freedom of information Good Practice Guidance No 6
which you kindly provided a link for in your email.

Therefore I repeat my original response in that to enable us to process
your request under the Freedom of Information Act , we require the name of
the applicant.I can also confirm that subject to the request not being
vexatious , the name of the applicant will have no influence on the
response to the request.

Please note that though your request has not yet been valid as an
information request under the Freedom of Information Act , if you
subsequently reply requesting an appeal against my decision and reasons
given I will arrange for an internal review of your appeal as per our
procedure for valid freedom of information requests.
Of course it is open to you to appeal to: -Information Commissioner's
Office - Wales Address previously supplied.

Yours sincerely

John Young
Corporate Services Manager
Public Services Ombudsman for Wales
[email address]

Colwyn Resident
<request-3151-b3f
94657@whatdotheyk To
now.com> [email address]
cc
15/10/2008 13:11
Subject
Re: Freedom of Information request
- Number of complaints received by
the Ombudsman against Conwy County
Borough Council?

Dear Sir or Madam,

I suggest you read the guidelines set out by the Government:

http://www.ico.gov.uk/upload/documents/l...

“FOIA is, however, applicant and motive blind. It is about
disclosure to the public, and public interests. It is not about
specified individuals or private interests.”

An individual name DOES NOT have to be given, as the request is for
information to be disclosed to the public, not a private
individuals information, which would be covered by the relevant
process under the Data Protection Act.

With regard to a postal address, section 8.1.b of the FOI Act asks
for an "address for correspondence", and states that an email
address is sufficient.

The Ministry of Justice has guidance on this

http://www.justice.gov.uk/guidance/foi-p...

Specifically: "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 also says:

"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."

Therefore I do not consider there is any reason to delay processing
my request. Furthermore, if you had a genuine doubt about
processing an emailed request due to the lack of the postal
address, you should have brought this matter up WHEN you received
the request, NOT at the very last minute when the response is due.

If the information requested has not been released within the 20
days prescribed by law from receipt of my request, formal complaint
will be made to the Information Commissioner.

Yours sincerely,

Colwyn Resident

show quoted sections

John Young
Corporate Services Manager
Public Services Ombudsman for Wales

Dear Mr Young,

Your response is utterly outrageous.

I have asked you for the information which you have the sole remit
to compile in the public interest, and now you are refusing to
release that information under a valid Freedom of Information
request from a member of the public.

You state several times that my identity has no influence
whatsoever in the response from the authority, therefore by your
own reasoning there is absolutely no reason whatsoever to have it.

Unless you comply with the law immediately, I shall be making
formal complaint to the ICO regarding your refusal to comply with
the law, and further for the totally unfounded and frankly
disgusting suggestion that I may be making a vexatious request.

To this end, and in the meantime, please provide details of how
many vexatious requests you have previously had for the information
which I am requesting. If you have had dozens of requests for this
exact same information, then you may possibly have a case for
suspecting vexatious action in this regard. Also please tell me how
many vexatious requests you have received via this website. Again
if it is dozens, then you may have a point.
If however, as I suspect the case to be, no-one else has ever
requested this specific information, then in no-way can my request
possibly be considered vexatious.

Yours sincerely,

Colwyn Resident

Dear Colwyn Resident

I acknowledge receipt of your email dated 16 October 2008

I have taken your email as a request for appeal against my decision ,
therefore I will arrange for an internal review of your appeal.
It is open to you to appeal to: -Information Commissioner's Office - Wales
Address previously supplied.

New information Request
You have also made a request for new information regarding vexatious
requests. As detailed in previous correspondence , to enable me to act upon
information requests ,I will be able to respond to this
request as soon as you supply your name:-

Freedom of Information Act :Section 8: Request for information

(1) In this Act any reference to a “request for information” is a reference
to such a request which—

(a) is in writing,

(b) states the name of the applicant and an address for correspondence, and

(c) describes the information requested.

To enable us to deal with your request under the above legislation , please
resubmit the request and include the name of the applicant .
For further information our Public Services Ombudsman for Wales Freedom of
Information Publication Scheme gives details of what information the Public
Services Ombudsman for Wales publishes, and how you can obtain a copy, or
access online via www.ombusdman-wales.org.uk

If you are dissatisfied with the reasons given above, you have the right to
appeal. In this event you should write to me setting out the reason why you
are dissatisfied and I will arrange for an internal review of your appeal
and / or complaint.

We will aim to give you a full reply to your complaint within 28 working
days. If there is good reason why this is not possible we will write and
tell you.

If you are still dissatisfied it is open to you to appeal to: -

Information Commissioner's Office - Wales,
Cambrian Buildings,
Mount Stuart Square,
Cardiff,
CF10 5FL
telephone: 029 2044 8044
fax: 029 2044 8045
email: [email address]

The Information Commissioner is responsible for the operation of the
Freedom of Information Act including the approval/revocation of publication
schemes ensuring public authorities comply with the requirements of the
Act, generally providing information and advising on the Act and the
general promotion of good practice.

Your sincerely

John Young
Corporate Sevices Manager

Colwyn Resident
<request-3151-b3f
94657@whatdotheyk To
now.com> [email address]
cc
16/10/2008 17:38
Subject
Re: Freedom of Information request
- Number of complaints received by
the Ombudsman against Conwy County
Borough Council?

John Young Corporate Services Manager Public Services Ombudsman for
Wales

Dear Mr Young,

Your response is utterly outrageous.

I have asked you for the information which you have the sole remit
to compile in the public interest, and now you are refusing to
release that information under a valid Freedom of Information
request from a member of the public.

You state several times that my identity has no influence
whatsoever in the response from the authority, therefore by your
own reasoning there is absolutely no reason whatsoever to have it.

Unless you comply with the law immediately, I shall be making
formal complaint to the ICO regarding your refusal to comply with
the law, and further for the totally unfounded and frankly
disgusting suggestion that I may be making a vexatious request.

To this end, and in the meantime, please provide details of how
many vexatious requests you have previously had for the information
which I am requesting. If you have had dozens of requests for this
exact same information, then you may possibly have a case for
suspecting vexatious action in this regard. Also please tell me how
many vexatious requests you have received via this website. Again
if it is dozens, then you may have a point. If however, as I
suspect the case to be, no-one else has ever requested this
specific information, then in no-way can my request possibly be
considered vexatious.

Yours sincerely,

Colwyn Resident

show quoted sections

Dear Mr Young,

I am still utterly disgusted by your refusal to process my request.

What exactly have you got to hide? Or perhaps the question should
be what exactly are you hiding for the benefit of Conwy County
Borough Council? I ask this simply as logical conclusion, since I
can think of no possible benefit for the ombudsman himself of
withholding this information from the public?

If neither of you have anything to hide, and are not colluding to
avoid complying with the law, then process my request.

UK Law allows any person to be known by any name they choose,
unless they are using a false name in order to commit a criminal
offence. Are you accusing me of committing a criminal offence? If
not, then "Colwyn Resident" is my chosen name, as per my rights
under UK law.

Yours sincerely,

Colwyn Resident

Mr Young,

I suggest you refer to the progress of the following request, which
the Prime Minister's Office has unlawfully refused on the same
spurious grounds as you are using to refuse my legitimate FOI
request.

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

You will see that the ICO is prepared to issue an enforcement
notice, and to enfore it if necessary.

Unless you reply to my request by close of business 27th October
2008 (which is well overdue the time limit prescribed in Law) I
shall be making formal complaint to the ICO, who I suspect will
take the same line with you as they have with the Prime Minister's
Office.

Colwyn Resident

Dear Colwyn Resident

Thank you for your emails dated 26 October 2008 and 20 October 2008. I
apologise for not being able to acknowledge or respond until today.

As stated in my email 17 October 2008 your information request is currently
under appeal with us and we will aim to give you a full reply to your
complaint within 28 working days (from 16 October 2008 as this is the date
of your email which I have taken as a request for appeal). If there is good
reason why this is not possible we will write and tell you. I can confirm
though that we are unable to reply with the result of this appeal by your
imposed deadline of close of business 27th October 2008.

It is open to you to appeal to the Information Commissioner's Office
Information Commissioner's Office - Wales,
Cambrian Buildings,
Mount Stuart Square,
Cardiff,
CF10 5FL
telephone: 029 2044 8044
fax: 029 2044 8045
email: [email address]

Yours sincerely

John Young
Corporate Services Manager
Public Services Ombudsman for Wales

show quoted sections

Mr Young,

Very well, since the ICO will request that I have exhausted all
possibilities with yourself including an appeal procedure, I will
indulge you in your appeal process, though it is in my opinion a
complete farce and merely serves as a delay tactic. After all, what
is the point in appealing to the person who refused to do something
in the first place?

No doubt you will take the full 28 days to complete your appeal
process, in order to further delay as much as possible, even though
I seriously doubt it will actually consume more than 10 minutes of
anyone's time.

Refusing to release the information I requested serves no public
benefit whatsoever. It also serves no benefit to the Ombudsman
either. So why do it? ... The only person(s) it can possibly
benefit is Conwy County Council, by hiding their many incidents of
malpractice from the public.
I am sure the public at large can draw their own conclusions from
your actions.

Colwyn Resident

Dear Colwyn Resident

Please find attached the response to your appeal request IR20060116.

Regards

John Young
Corporate Services Manager
Public Services Ombudsman for Wales
[email address]
01656 641150

(See attached file: IR20060116 appeal response.doc)

show quoted sections

Dear Mr Young,

Thank you for coming to a common sense decision to process my
request (whether or not you consider doing so counts as your
compliance with the Law.)

I hope in future you will treat any other requests from individuals
who do not wish to give their 'birth certificate recorded name'
with the same common sense approach.

I do not intend making any further requests to you in the near
future, but if I do, I shall use the same name as you have found
acceptable in this incidence.

Yours sincerely,

Colwyn Resident

Dear Mr Young,

Following your decision to send me the information I requested some
weeks ago, please inform me of the official body, government
department or person (along with suitable contact details) who
monitors the performance of the Public Services Ombudsman for
Wales.

Yours sincerely,

Colwyn Resident

Dear Colwyn Resident

Thank you for your request for information dated 4 November 2008.

With regards to Freedom of Information requests the suitable contact
details would be
Information Commissioner's Office - Wales,
Cambrian Buildings,
Mount Stuart Square,
Cardiff,
CF10 5FL
telephone: 029 2044 8044
fax: 029 2044 8045
email: [email address]

The Information Commissioner is responsible for the operation of the
Freedom of Information Act including the approval/revocation of publication
schemes ensuring public authorities comply with the requirements of the
Act, generally providing information and advising on the Act and the
general promotion of good practice.

If your request does not refer to a Freedom of Information request ,but
another aspect of the Ombudsman's performance then please refer to the
Public Services Ombudsman (Wales) Act 2005 Schedule 1 , which can accessed
via www.ombudsman-wales.org uk and clicking on the link for Public Services
Ombudsman (Wales) Act 2005. Schedule 1 can then be found by scrolling down
to the bottom of the first page and clicking on the link for schedule 1 ,
or alternatively click on page 5 on the page listing at the top of the
contents page of the act. Or simply enter the following into your address
bar.
http://www.opsi.gov.uk/acts/acts2005/ukp...

Schedule 1 of this Act refers to various aspects of the Ombudsman's
functions including who can appoint the Ombudsman ,who the Ombudsman must
present his annual report to, and who can remove the Ombudsman from office
.As you have not stated specifically what aspect of the Ombudsman's
performance you are referring to I am unable to direct you specifically in
any one direction , but to assist you I have listed below links to obtain
contact details for person(s) named in Schedule 1 of the Act:

Her Majesty http://www.royal.gov.uk

The Assembly http://new.wales.gov.uk/contact_us

Secretary of State for Wales http://www.walesoffice.gov.uk/contact

Auditor General for Wales http://www.wao.gov.uk/whoweare

If you require further guidance or information please let me know in more
specific detail what area of performance you refer to.

Regards

John Young
Corporate Services Manager
Public Services Ombudsman for Wales
[email address] <please redact my email address if you
are publishing this response on>
01656 641150

show quoted sections