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Statuary Requirement upon the law being broken
George Cant made this Freedom of Information request to Local Government Ombudsmen
The request was successful.
From: George Cant
13 July 2010
Dear Local Government Ombudsmen,
LGO all offices
Please can you inform me of any and all statuary requirement or
recommendations or corporate responsibility that the LGO officers
and staff have if during an investigation, or review, or indeed any
dealing of your office, the law is broken by either of the party. (
member of the public or council officer/employee )
Rather than just your individual office staff, I am asking this of
your whole organisation including the legal staff you employ at
your London offices.
Ie, if you see, fraud, embeslement, corruption, but am particularly
interested in falsification of documents provided to your officers,
what do you do. ? .
Yours faithfully,
George Cant
George Cant left an annotation (14 July 2010)
Hi Trevor
am working backwards on this one, find the legislation/recommendations that they should have followed, then show how they have not followed them.
They are going to try and say i guess, no corporate requirements.
Whatever way they answer the above, it exposes them as the none functioning organisation ( when it comes to the law ) that they have been since 2000. I just need a formal answer from them.
Trevor R Nunn left an annotation (14 July 2010)
The problem you face that even if you identify a statutory requirement, which is doubtful, they have still have a work around. If they are not aware of, or see, any evidence of, illegal activity then they can't be criticised for not reporting it. Hence their usual strategy of not looking for or accepting any evidence of illegal activity.
From: Foi Officer
Local Government Ombudsmen
16 July 2010
Dear Mr Cant
Our ref: CS/10/071
This is to acknowledge receipt of your request below received on 13 July. We will respond within the 20 working day target (which would be by 10 August 2010) or, if unable to do so, we will write to you again explaining why.
Yours sincerely
Hilary Pook
Communications & Records Manager | DL: 020 7217 4734 |
Local Government Ombudsman's office | 10th Floor |
Millbank Tower | Millbank | London | SW1P 4QP |
www.lgo.org.uk |
show quoted sections
From: Foi Officer
Local Government Ombudsmen
4 August 2010
Dear Mr Cant
I attach a letter in response to the request below.
Yours sincerely
Hilary Pook
Communications & Records Manager | DL: 020 7217 4734 |
Local Government Ombudsman's office | 10th Floor |
Millbank Tower | Millbank | London | SW1P 4QP |
www.lgo.org.uk |
show quoted sections
Trevor R Nunn left an annotation ( 5 August 2010)
My FOI request about certified offences.
"I can advise you that over the past five years there has been no occasion when it has been necessary for an LGO to obtain a direction from the High Court for a council or council officer to provide information requested by the LGO in connection with an investigation. The first step in the process to certify an offence to the High Court is the drafting of a witness summons. Based on the recollection of our legal adviser, this has taken place approximately three times in the last five years. In all these cases the service of the summons or threat of it has prompted the council to produce documents and witnesses. So it has not been necessary to proceed further."
http://www.whatdotheyknow.com/request/ce...
From: George Cant
6 August 2010
Dear Foi Officer,
So, just to clear this up for me,
If one of your officers or Ombudsman sees any of the acts above,
they have no obligation to report it to the police or authority's.
And the above is the only statuary requirement or
recommendations or corporate responsibility that your office hold
Any of the solicitors working for you do would be required to
report it believe ?
Yours sincerely,
George Cant
From: George Cant
7 August 2010
Dear Local Government Ombudsmen,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Local Government
Ombudsmen's handling of my FOI request 'Statuary Requirement upon
the law being broken'.
Please confirm that this is the only legislation/recomendations
that your office has to consider, not just what the
ombudsman/investigator has consider
For your information.
I am directly asking in refference to council officer producing
edited documentation to investigators, or, more specificaly,
council officer withholding documentation during investigations
that could be consudered by the complaint as an act of fraud
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/st...
Yours faithfully,
George Cant
Trevor R Nunn left an annotation ( 7 August 2010)
When a complaint consist of more than just simple maladministration.
http://www.whatdotheyknow.com/request/wh...
Trevor R Nunn left an annotation ( 7 August 2010)
An extract from the above link (Complaints that consist of more than just simple maladministration).
"The Ombudsmen don't ask other bodies to deal with complaints, they can only terminate their investigation of the complaint and inform the complainant of a more appropriate body to go to."
From: Foi Officer
Local Government Ombudsmen
18 October 2010
Dear Mr Cant
A response to your review request is attached. Apologies for the delay.
Yours sincerely
Hilary Pook
Communications & Records Manager | DL: 020 7217 4734 |
Local Government Ombudsman's office | 10th Floor |
Millbank Tower | Millbank | London | SW1P 4QP |
www.lgo.org.uk |
show quoted sections
Trevor R Nunn left an annotation (18 October 2010)
"Furthermore were it proved that a council officer edited or tampered with documents submitted as part of an investigation we would notify the council of such action. As the employer of the officer in question, the council would have disciplinary measures open to it against that individual."
So a council officer tampering with documents to try and avoid the council being found guilty of maladministration is reported to the council so they can take disciplinary action if they want? Why would they when the individual was trying to protect them and was probably asked by their boss or a councilor to tamper with evidence in the first place?
http://ombudsmanwatchers.org.uk/evidence...
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Trevor R Nunn left an annotation (13 July 2010)
The following FOI request may help.
http://www.whatdotheyknow.com/request/wh...
Link to this