CLAE Register

The request was partially successful.

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

Please provide the current entries in the registers of interests of all CLAE members.

Please additionally provide copies of all acceptances of the revised Code of Conduct by all CLAE Members identified to have been adopted by the CLAE at the Chairs personal action in October 2008.

Please provide copies of the delegated authority to the Chair of the CLAE from all the CLAE members to change the Code of Conduct for Commission Members.

Yours faithfully,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mr Carruthers

Our ref: CS/09/089

This is to acknowledge receipt of the request below.

Please note that, in accordance with Mr Karney's letter to you of 8
January 2009, I request that you give us your reasons for making this
request before we decide how to respond to it.

Yours sincerely

Rob Rundle

Publicity & Information Assistant

Local Government Ombudsman's office

Tel: 020 7217 4686
Website: [1]www.lgo.org.uk

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Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

s1(1) of FOI identifies as well as guidance from the ICO identifies that in my belief that Mr Karney has exceeded his authority.

It is further my belief that it is in the public interest for it to be identified if

(a) there have been any mistakes made in the register of interests by the local commissioners and if these have been corrected (including the date of their correction). 'Mistakes' have been identified through use of the FOIA.

(b) following the Chair of the CLAE changing the Code of Conduct of the CLAE in October 2008 as identified through FOI it would be good to have identified that their action was authorised by the CLAE members, and if the CLAE members accept the authority of the Chair of the CLAE to act on their behalf.

Personally I would not authorise anyone to change a Code of conduct by which I was bound without full identification of the reasons.

This will enable it to be identified which Code of Conduct the CLAE is actually operating under.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mr Carruthers

FOI request CS/09/089

I am afraid that the reasons you give are insufficient to enable us to
determine whether your request is vexatious under the terms referred to by
Mr Karney in his letter of 8 January 2009.

Yours sincerely

Rob Rundle

Publicity & Information Assistant

Local Government Ombudsman's office
Direct line: 020 7217 4686

Website: [1]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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Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

I must say I object to the CLAE seeking to set out to identify that a request falls within s14(1) and 14(2) of the FOIA rather than simply follow the ICO's model publication scheme and make the information available as required by s1(1)(a) and s1(1)(b) of the FOIA..

You could probably have supplied the information already if you were not wrongly seeking to use exemptions contained with s14.

14. - (1) Section 1(1) does not oblige a public authority to
comply with a request for information if the request is vexatious.

(2) Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the
making of the current request.

(1) The register of interests of the CLAE is not published on the CLAE website;

(2) The CLAE made available registers of interest of the current Local Commissioners on 13 August 2008 through the whatdotheyknow site in response to an FoI from myself;

(3) There has been a request for elements of the information under different regimes. However, this information will not be made public and I have been contacted by a number of parties who also wish to access the information requested in the belief that it should be made available through FOIA so they are able to simply examine the information and make up their own minds.

(4) The ICO has produced guidance on the meaning of vexatious - and the Information Tribunal has directed the ICO that the term is linked to absence of flawed administrative practice (i.e. maladministration according to the Shorter Oxford Dictionary).

(5) If an information request lacks purpose and/or value it will be vexatious (in my opinion).

(a) There have been changes to the governing documents of the CLAE in October 2008, it is not at all clear if these changes have been authorized or if they are a nullity. This can only be identified through access to information. There have been at least four meetings of the CLAE since the Chair of the CLAE changed the governing documents - and there is no mention of this in any of the minutes or that approval has been granted by the CLAE members;

(b) There appear to have been identifiable mistakes made in the registers of interest of some members of the CLAE;

(c) I and others wish to know that the Chair of the CLAE is acting with authority and that the governing documents of the CLAE have been properly authenticated and authorized or if the decision making of the Chair of the CLAE is a nullity, and if he is acting ultra-vires. We also wish to know if the register of interests of some of the Local Commissioners have been corrected;

(6) The request is not obsessive. It has only been through use of FOI that it has been possible to identify what appear to be very real issues with the governance of the CLAE;

(7) The request can not cause distress to the CLAE as the documents are expected to be available for public inspection. I am unable to travel to the CLAE offices to view the documents easily;

(8) The request would not cause a significant burden. The information requested is within the publication scheme, that the Chair of the CLAE authorized in January 2009. It is just not easily accessible.

(9) The request can not be considered to cause disruption and annoyance. It is understood that the request might cause embarrassment for the CLAE.

There is additionally a strong belief that Mr Karney has exceeded his authority.

There would be little need for a large number of FOI requests if the CLAE actually published the information required by the ICO's model publication scheme, and quite probably according to its code of conduct.

Please supply the information.

hopefully that provides all clarification needed.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

Internal Review on both handling of request and failure to follow publication scheme.

Yours faithfully,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

5 Attachments

Dear Mr Carruthers

Our ref: CS/09/089

I attach a letter and documents in response to the request above.

Apologies for the delay

Yours sincerely

Hilary Pook
Communications & Records Manager | Local Government Ombudsman | DL: 020 7217 4734 | www.lgo.org.uk |

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