Ombudsmen Investigation

The request was partially successful.

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

Taking into account that the Committee on Standards in Public Life was established in 1994

‘To examine current concerns about standards of conduct of all holders of public office, including arrangements relating to financial and commercial activities, and make recommendations as to any changes in present arrangements which might be required to ensure the highest standards of propriety in public life.’

and that:

'For these purposes, public office should include: Ministers, civil servants and advisers; Members of Parliament and UK Members of the European Parliament; Members and senior officers of all non-departmental public bodies and of national health service bodies; non-ministerial office holders; members and other senior officers of other bodies discharging publicly-funded functions; and elected members and senior officers of local authorities’.

and that:

On 12 November 1997 the terms of reference were extended by the Prime Minister, the Rt Hon Tony Blair MP: ‘To review issues in relation to the funding of political parties, and to make recommendations as to any changes in present arrangements’.

Does the Committee on Standards in Public Life have any intention to examine the issues associated with the appointment of Local Government Ombudsmen ['LGO'] and the constitution of the Commission for Local Administration in England ['CLAE'], and much needed guidance on the meaning of the term maladministration.

Award of planning consents by local government appears to be one of the main sources of funding to the political parties. Ministers have identified in writing that complaints to the LGO have been determined prior to them being considered (government intervention is strongly suspected), and the Secretary of State and their Department since about 1995 has only recommended appointment of LGO's by the Crown who have previously been identified as having failed to administer fair and just Council Complaints systems. On grounds of probity, merit and independence it is unlikely that any of the current LGO's should have been recommended for appointment by the Minister and their Department.

The situation has reached the stage where the LGO's identify that they should be made responsible for local authorities where they used to work, and seek to disguise responsibility for the issue of reports identifying maladministration causing injustice. Within about the last year despite much lower levels of maladministration causing injustice being identified by LGO's than historically (due it appears to them all having been appointed from Local Government) at least four Council's have rejected the LGO's findings and recommendation for a remedy. This appears to be because Council's carry no insurance against maladministration causing injustice (apart from the Secretary of States and their Departments recommendation for their appointment). The LGO's appear on about 13 February 2007 identify in their minutes that they not only intend but would breach the breach the seven principles of Public Life proposed by the Committee in the belief that they were unaccountable.

These issues are highly pertinent to what should be the work of the Committee. The Committee appears to have failed to examine the work of the Ombudsmen, and this appears to be a serious failing.

Yours faithfully,

Stuart HARDWICKE CARRUTHERS

Committee on Standards in Public Life

I have now handed over to my successor, Dr Richard Jarvis. All inquiries can be addressed to Gloria Durham on 0207.276.2589. Your mail has not been forwarded and has been deleted

The Cabinet Office computer systems may be monitored and communications carried on them recorded to secure the effective operation of the system and for other lawful purposes.

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Sent request to Committee on Standards in Public Life again, using a new contact address.

Stuart Hardwicke CARRUTHERS

Alleged Breach of s10 and s1 of the FoI Act by Committee on Standards in Public Life

Appeal to the Information Commissioner

On 26 July 2008 I made a Freedom of Information request to the Committee on Standards in Public Life [‘SPL’]. A copy is attached [TAB 1]. The SPL has failed to respond.

The SPL is understood to be in breach of s10 of the Freedom of Information [‘FoI’] Act, and as a consequence to be in breach of s1 of the FoI Act. The Information Commissioner is requested to formally identify the breaches of the FoI Act by SPL, and further to require them to post the information requested on the ‘What do they Know Web Site". A copy of the request and identification of SPL failure to respond is available at http://www.whatdotheyknow.com/request/om.... A copy of this appeal to the ICO is also posted at this site.

The issues are very straightforward. The SPL has failed to identify if it holds documents identifying its intentions, and if it intends to investigate the issues requested. It seems very strange that an Organisation established to protect standards in public life can choose to flout the law (FoI Act). Obviously the ICO might have views on this issue. The SPL appears to lack the required procedures to meet the FoI, despite these being monitored by the Cabinet Office.

Yours faithfully

Stuart Hardwicke Carruthers

Stuart Hardwicke CARRUTHERS

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 Committee on Standards in Public Life's handling of my FOI request 'Ombudsmen Investigation'.

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

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Committee on Standards in Public Life

Dear Mr Carruthers,

Thank you for your email of 17 December. I am very sorry that you received
no response to your original correspondence. I note that your initial
request was sent to someone who had ceased to work at the Committee some
time ago and unfortunately our records do not show that we received any of
your prior correspondence.

You request has now been dealt with under the Freedom of Information Act.
The Committee on Standards in Public Life holds no documents indicating
that it has considered whether to review the processes by which Local
Government Ombudsmen are appointed.

On a general point, outside the Freedom of Information Act, if you have
any specific concerns about a public appointment in England, then you may
wish to contact the Commissioner for Public Appointments
([1]www.publicappointmentscommissioner.org).

You may also wish to be aware that the Committee on Standards in Public
Life is currently conducting a public inquiry into openness and
accountability in Local and London Government. The Committee would welcome
any evidence you believe relevant to our inquiry. Copies of our Issues and
Questions paper, setting out the Committees interest in detail, can be
downloaded here:
[2]http://www.public-standards.org.uk/Libra....
Evidence should be submitted to the following email address:
[3][email address].

Kind Regards,

Matthew Dowding
Committee on Standards in Public Life
35 Great Smith Street
London
SW1P 3BQ
Phone: 020 7276 2599
Fax: 020 7276 2585
www.public-standards.gov.uk

The Cabinet Office computer systems may be monitored and communications
carried on them recorded to secure the effective operation of the system
and for other lawful purposes.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.publicappointmentscommissione...
2. http://www.public-standards.org.uk/Libra...
3. mailto:[email address]