Dear Sir or Madam,

Please provide a copy of the Triennial Review identified as being
prepared in 2008 on 18 October 2008
http://www.whatdotheyknow.com/request/2 ... al_reviews.

Please additionally provide a list of consultees, and copies of
their comments.

Yours faithfully,

Stuart Hardwicke Carruthers

Dear Mr Carruthers

Our ref: CS/09/055

This is to acknowledge receipt of your request below. Before I am able to respond, however, could you clarify where it was 'identified ... on 18 October 2008' that there was a Triennial Review was prepared in 2008? Needless to say the link you have supplied doesn't work as it is incomplete.

Yours sincerely

Hilary Pook
Communications & Records Manager
Local Government Ombudsman's Office
Tel: 020 7217 4734
www.lgo.org.uk

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Dear Hilary Pook,

On 09 December 2008 you said:

'In your email of 11 November, you asked for all documents on which
the LGO has consulted in relation to its proposed 2009 triennial
review, and all working documents. In response, I can tell you that
no such consultation has been done, and there are as yet no working
documents.'

Your Ref: CS/08/0100/HJP

http://www.whatdotheyknow.com/request/40...

The 18 October link is:
http://www.whatdotheyknow.com/request/31...

The reference is: CS/08/0100/HJP

The information requested should now be in existence according to
s23(12) of the Local Government Act 1974.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Dear Hilary Pook,

Item 12 of the CLAE minutes 24 march 2009

'••••The 2008/09 triennial review of the Local Government Act 1974
(Nigel Karney reported that a draft submission had been prepared,
and would be circulated to Commissioners after the meeting).'

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Dear Mr Carruthers

I attach a letter in connection with the request below.

Yours sincerely

Hilary Pook
Communications & Records Manager
Local Government Ombudsman's Office
Tel: 020 7217 4734
www.lgo.org.uk

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Dear Foi Officer,

That is OK.

A copy would be appreciated.

Do you have any idea of timescale ? as i am aware that there is a
lot to cover.

The CLAE will be aware that there has been a lot of legislation
passed since the last triannual review.. and the effects of the
European Charter of Local Self-Government adoption by the Council
of Europe Article VIII is probably of interest... particularly due
to recent changes in European Government organization.

Article VIII Administrative supervision of local authorities’
activities

1. Any administrative supervision of local authorities may only be
exercised according to such procedures and in such cases as are
provided for by the constitution or by statute.

2. Any administrative supervision of the activities of the local
authorities shall normally aim only at ensuring compliance with the
law and with constitutional principles. Administrative supervision
may however be exercised with regard to expediency by higher- lcvel
authorities in respect of tasks the execution of which is delegated
to local authorities.

3. Administrative supervision of local authorities shall be
exercised in such a way as to ensure that the intervention of the
controlling authority is kept in proportion to the importance of
the interests which it is intended to protect.

This raises the whole thorny issue of Council constitutions..(Local
Government Act 2000)... and also the introduction of FOI..

The information tribunal appear to have guided the ICO to exercise
one of their discretionary functions on the understanding of the
term maladministration.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Dear Mr Carruthers

As I said in my letter, I hope to have the finished Review ready by the end of this month. Beyond that, it's down to the Department.

Regards

Hilary Pook
Communications & Records Manager
Local Government Ombudsman's Office
Tel: 020 7217 4734
www.lgo.org.uk

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Dear Foi Officer,

That is fine - Dept 36 ?

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Dear Mr Carruthers

I was referring to the Department for Communities and Local Government - who we do the review for.

Yours sincerely

Hilary Pook
Communications & Records Manager
Local Government Ombudsman's Office
Tel: 020 7217 4734
www.lgo.org.uk

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

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Dear Foi Officer,

No although I can understand your reasoning

'In the financial year beginning on 1st April 1990, and in every
third financial year afterwards, the Commissions shall review the
operation (since the
last review was made under this subsection) of the provisions of
this Part of this Act about the investigation of complaints, and
shall have power to convey to authorities to which this Part of
this Act applies] . . . , or to government departments or the
National Assembly for Wales], any recommendations or conclusions
reached in the course of their reviews and shall send copies of
those recommendations or conclusions to the representative persons
and authorities concerned.'

The CLAE do the review for its own purposes. It has the power to
make the Secretary of State aware. However, any failure of the CLAE
to conduct a triennial review is the CLAE's alone... as are any
failures to take account of new needs.. etc

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Yes, but if any changes to the legislation are going to be made, the Government have to do this.

Hilary Pook

Communications & Records Manager

Local Government Ombudsman's Office

Tel: 020 7217 4734

www.lgo.org.uk

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

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Dear Foi Officer,

Agreed..

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

23(12) of the LGA 1974 provides:

'In the financial year beginning on 1st April 1990, and in every
third financial year afterwards, the Commissions shall review the
operation (since the
last review was made under this subsection) of the provisions of
this Part of this Act about the investigation of complaints, and
shall have power to convey to authorities to which this Part of
this Act applies or to government departments or the National
Assembly for Wales, any recommendations or
conclusions reached in the course of their reviews and shall send
copies of those recommendations or conclusions to the
representative persons and authorities concerned.

It rather looks to me that you need to do the review for the CLAE
itself.. and make any one aware of the findings..

This will of course include problems with delegation, and internal
control (i.e. failure to follow code of conduct.. Lancaster City
Council's crinkley bottom springs to mind for some reason).

Is there a Commission meeting where the CLAE are considering the
Triennial Review and the failure to produce one in 2006.

Otherwise just commence the internal review and cease the
obfuscation.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

Any sign of the triennial review otherwise please just simply
forward all documentation related to its production (including
drafts) as well as all consultation responses as identified in your
minutes.

Yours faithfully,

Stuart Hardwicke CARRUTHERS

Dear Mr Carruthers

Further to my letter of 10 July, I attach another letter in final response to the request below.

Yours sincerely

Hilary Pook
Communications & Records Manager
Local Government Ombudsman's Office
Tel: 020 7217 4734
www.lgo.org.uk

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

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Dear Foi Officer,

There is no mention of delegation in the report.. could you
identify if the report was produced through delegated powers and
when delegation was granted.

There is also no mention of the 2006 review.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Mr Carruthers

Sorry - what does any of this have to do with delegation?

Hilary Pook
Communications & Records Manager
Local Government Ombudsman's Office
Tel: 020 7217 4734
www.lgo.org.uk

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

show quoted sections

Dear Foi Officer,

'In the financial year beginning on 1st April 1990, and in every
third financial year afterwards, the Commissions shall review the
operation (since the last review was made under this subsection) of
the provisions of this Part of this Act about the investigation of
complaints, and shall have power to convey to authorities to which
this Part of this Act applies or to government departments or the
National Assembly for Wales, any recommendations or conclusions
reached in the course of their reviews and shall send copies of
those recommendations or conclusions to the representative persons
and authorities concerned.'

It is possible that the CLAE have met since the meeting where the
triennial review was identified as being in draft.. and have
authorized the document..

as far as I can determine the 2006 Triennial Review did not take
place due to a personal decision of the Chairman. I would doubt
that any member of the CLAE would wish to delegate such an
important document to the Chairman without having sight of its
contents and agreeing them.

If the document has not been authorized by the Local Commissioners
(i.e. personally or through a scheme of delegation agreed) then it
is waste paper..

Please clarify..

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Mr Carruthers

Our ref: CS/09/055

You seem to be confusing two issues here.

You say " If the document has not been authorized by the Local Commissioners
(i.e. personally or through a scheme of delegation agreed) then it
is waste paper.."

The only 'document' you can be referring to here is the 2009 Triennial Review (the subject of your request). This was discussed at the Commission meeting in May and agreed by the Local Commissioners, subject to final changes that the meeting authorised the Chairman to make after the meeting.

There is no 2006 Triennial Review, for reasons fully disclosed to you last year (CS/08/072). The Chairman, Tony Redmond, wrote to the DCLG about this (on behalf of the Commission) and you were provided with a copy of that letter.

Yours sincerely

Hilary Pook
Communications & Records Manager
Local Government Ombudsman's Office
Tel: 020 7217 4734
www.lgo.org.uk

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

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Dear Foi Officer,

Many thanks for posting the information that the Audit Committee
have identified that the Chair of the CLAE needs support to meet
their role.

I also note that finalization of the report was delegated to the
above chair of the CLAE in the minutes made available today I
think..

Yours sincerely,

Stuart Hardwicke CARRUTHERS