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Sefton Council

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Sefton Borough Council

Waiting for an internal review by Sefton Borough Council of their handling of this request.

From: Stuart Hardwicke CARRUTHERS

4 September 2008

Dear Sir or Madam,

I would appreciate copies of all monitoring officer reports issued
by the Sefton Council following admission and or agreement by
the Sefton 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 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
local settlement agreed, and copies of all associated documentation
for the last six years.

Yours faithfully

Stuart Hardwicke Carruthers

Link to this

From: Stuart Hardwicke CARRUTHERS

3 October 2008

Dear Sir or Madam,

Respons Overdue. Complaints process engaged.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Richard Roscoe

3 October 2008

Dear Sir,

I apologise for our delay in responding to your request(s). I have
contacted the department(s), who are having difficulty sourcing the
information you need, and a response will be sent out forthwith.

Yours sincerely.
Richard Roscoe.

Richard Roscoe.
Data Protection and Information Security Officer.
Sefton Council,
1st Floor, Balliol House,
Balliol Road,
Bootle, Merseyside.
L20 3FF
Tel: 0151 934 4416
Fax: 0151 934 4157
e: [email address]

Please don't print this e-mail unless you have to. It wastes paper and
it can create a security risk.

show quoted sections

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From: Richard Roscoe

7 October 2008

Dear Sir,

Re - FOI562 - Monitoring Officer Reports

Our Legal department have discussed your request and there have been no
such Monitoring Officers Reports produced.

We cannot supply the further details or associated documentation
because we do not hold them, as the manual file containing the details
was lost earlier this year. I have spoken to the LGO and they do hold
the details. They can be contacted via Jane Burns on [email address]

Please refer any further queries to [email address] .

Yours sincerely,

Richard Roscoe.

Richard Roscoe.
Data Protection and
Information Security Officer.
Sefton Council ICT Client.
4th Floor, Merton House,
Stanley Rd, Bootle. L20 3JA.

Tel: 0151 934 4416
Please don't print this e-mail unless you have to. It wastes paper and
it can create a security risk.

show quoted sections

Link to this

From: Stuart Hardwicke CARRUTHERS

7 October 2008

Dear Richard Roscoe,

The Council is responsible for its own records and meeting the
requirements of the FoI not the Local Government Ombudsman ['LGO'].

There appears to have been a breach of the FoI Act. There have been
findings of maladministration against the Council since your manual
file system was lost. s5(2) of the Local Government and Housing is
reasonably precise, so records should be in existence... there is
absolutely no need for the LGO to hold these records (and they
won't hold copies of the Council's own records).

Review is requested.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Richard Roscoe

3 November 2008

Dear Mr Carruthers.

You have now submitted 4 requests to us around the same subject and
have asked for reviews or raised complaints against all 4 responses. We
are unclear from your responses which individual items of information
have not been provided.

For your information the 4 requests were:

Freedom of Information request 539 - functions council (26/8/2008)
Freedom of Information request 551 - Rejection of Ombudsmans
Recommendation (3/9/2008)
Freedom of Information request 562 - Sefton Council (5/9/2008)
Freedom of Information request 561 - January 2008 (5/9/2008)

We would appreciate a single, simple list of the items that you feel we
have not provided and we shall commence our review as soon as we have
it. For your information I have spoken to the Information Commissioner
and they do not feel that asking you for combined clarification in these
circumstances is unreasonable.

We look forward to your response.

Richard Roscoe.
Data Protection and
Information Security Officer.
Sefton Council ICT Client.
4th Floor, Merton House,
Stanley Rd, Bootle. L20 3JA.

Tel: 0151 934 4416
Please don't print this e-mail unless you have to. It wastes paper and
it can create a security risk.

<>This message is intended for named addressees only and may contain
confidential,
privileged or commercially sensitive information. If you are not a named
addressee
and this message has come to you in error you must not copy, distribute
or take any action
on its content. Please return the message to the sender by replying to
it immediately
and then delete it from your computer and destroy any copies of it.

All e-mail communications sent to or from Sefton Metropolitan Borough
Council
may be subject to recording and / or monitoring in accordance with
current legislation.

This message does not create or vary any contractual relationship
between Sefton
Metropolitan Borough Council and you.

Internet e-mail is not a 100% secure communication medium and Sefton
Metropolitan
Borough Council does not accept responsibility for changes made to this
message
after it was sent.

Whilst all reasonable care has been taken to ensure that this message is
virus-free,
it is the recipient's responsibility to carry out virus checks as
appropriate and ensure
that the onward transmission, opening or use of this message and any
attachments will not
adversely affect their systems or data. Sefton Metropolitan Borough
Council does not
accept any responsibility in this regard."

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From: Stuart Hardwicke CARRUTHERS

4 November 2008

Dear Richard Roscoe,

In relation to this request it is identified in the Local
Government and Housing Act 1989 that:

(2) It shall be the duty of a relevant authority's monitoring
officer, if it at any time appears to him that any proposal,
decision or omission by the authority, by any committee,
sub-committee or officer of the authority or by any joint committee
on which the authority are represented constitutes, has given rise
to or is likely to or would give rise to—

(a) a contravention by the authority, by any committee,
sub-committee or officer of the authority or by any such joint
committee of any enactment or rule of law or of any code of
practice made or approved by or under any enactment; or

(b) any such maladministration or injustice as is mentioned in Part
III of the [1974 c. 7.] Local Government Act 1974 (Local
Commissioners) or Part II of the [1975 c. 30.] Local Government
(Scotland) Act 1975 (which makes corresponding provision for
Scotland),

to prepare a report to the authority with respect to that proposal,
decision or omission.

You have stated that the reports don't exist, and it has been
identified that this is impossible. Unless the Sefton Council has
formally identified that it has rejected the LGO and identified
that this office is of no consequence and should be ignored.

Obviously you will have documents identifying which is the case.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Stuart Hardwicke CARRUTHERS

17 December 2008

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Sefton Borough
Council's handling of my FOI request 'Sefton Council'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/se...

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Stuart Hardwicke CARRUTHERS

28 June 2009

Dear Sir or Madam,

How is your internal review progressing

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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Things to do with this request

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