Dear Sir or Madam,

Following publication of the Six Lives Report by the Local
Government and parliamentary Ombudsman in which Gloucestershire
County Council is identified as exhibiting the following features:

• Arrangements for transition from residential school to adult care
fell significantly below a reasonable standard.

• Some of this maladministration was for disability related
reasons.

• The Council failed to live up to human rights principles of
dignity and equality.

• Poor complaint handling.

Please provide a copy of the Monitoring Officers Report, and any
documentation identifying the steps that the Council intends to
take to secure trust and confidence in its services

Yours faithfully,

Stuart Hardwicke CARRUTHERS

Dear Mr Hardwick Carruthers
Request for Information (Reference 09/FOI/1230)

Thank you for your request for information,received on 25 March 2009.
Gloucestershire County Council 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. Please note that some information you have requested may not be provided to you; this will only be information that can be withheld by law. In most cases the reasons will be explained to you along with your copy of any information that can be released to you.

Your request is being considered and you will receive a response as soon as possible and within the statutory timescale of 20 working days, as defined by the FoIA; that date is 24 April 2009.
We may need to contact you if the request needs to be clarified; this is to ensure that we provide you with the information you require.

Yours sincerely

Victoria Wathen
Information Manager
Information Management Service
Gloucestershire County Council
Shire Hall
Gloucester
GL1 2TG

Tele 01452 425071
Fax 01452 425772

e-mail [email address]

show quoted sections

Dear Mr Hardwick Carruthers,

Further to your e-mail regarding the Six Lives Report dated 25 March 2009, I would like to inform you there is no Monitoring Officers Report. The LGO report was made public on 23 March 2009 and the council will respond to its contents in due time, and no later than three months after the report was received, as required by the LGO. Nevertheless, we would like to help you with your request for information, please could you telephone me in order that I can clarify your requirements as below.

Yours sincerely

Victoria Wathen
Information Manager
Information Management Service
Gloucestershire County Council
Shire Hall
Gloucester
GL1 2TG

Tele 01452 425071
Fax 01452 425772

e-mail [email address]

show quoted sections

Dear sirs,

Section 5 of the Local Government and housing Act 1989 provides
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.

(3) It shall be the duty of a relevant authority's monitoring
officer—

(a) in preparing a report under this section to consult so far as
practicable with the head of the authority's paid service and with
their chief finance officer; and

(b) as soon as practicable after such a report has been prepared by
him or his deputy, to arrange for a copy of it to be sent to each
member of the authority.

Maladministration is understood to be a failure to follow process
(i.e. law contained in the Council's constitution for which the
Monitoring Officer is responsible). The merits of the failure to
follow the Council's constitution are it is understood to be an
issue for the Courts, and the Council.

The maladministration has been identified by the Ombudsmen as:

• Arrangements for transition from residential school to adult care
fell significantly below a reasonable standard.

• Some of this maladministration was for disability related
reasons.

• The Council failed to live up to human rights principles of
dignity and equality.

• Poor complaint handling.

The Monitoring Officer should already have produced a report, as
they shall have been aware that the maladministration on the merits
enabled an avoidable death.

Please provide copies of all documents prepared by the Monitoring
Officer and that have been reported to the s151 Officer and Head of
Paid Service.

Please additionally provide any documents provided to the
Monitoring Officer by the Head of Paid Service instructing them not
to produce a report.

Hopefully that provides the clarification you require.

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

Dear Mr. Stuart Hardwick Carruthers,

Thank you for your e-mail dated 25 March 2009.

I am writing to advise you that, following a search of our paper and electronic records, I have established that the information you requested is not held by the Council.

If you are unhappy with this response, you are entitled to request a review of the decision by writing to:

Corporate Information and Compliance Manager.
Shire Hall
Westgate Street
Gloucester
GL1 2TG.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council.

The Information Commissioner can be contracted at:-

The Information Commissioner's Officer
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF.

Regards

Victoria Wathen
Information Manager
Information Management Service
Gloucestershire County Council
Shire Hall
Gloucester
GL1 2TG

Tele 01452 425071
Fax 01452 425772

e-mail [email address]

show quoted sections