Dear Bexley Borough Council,

I understand that certain of the Council’s services/functions are outsourced to Capita. Please can you send me a copy of the information which bestows the powers with which Local Authority Officers are normally endowed – by legislation or otherwise – as part of their roles, on to these private sector employees.

For example, a Housing Benefit Fraud Investigator carrying out certain duties can act as an Authorised Officer with defined powers given by legislation such as the Social Security Administration Act 1992. How are these powers ‘transferred’ or given to employees of an organisation which is separate to the LA? What gives them the authority to act as LA employees? I would like to be pointed to or sent a copy of the agreement or legislation or other information which lays this out. I believe there should be a written authorisation from the LA.

Many thanks

Yours faithfully,

John Smith

Gary Mitchell, Bexley Borough Council

Information request
Our reference: 440165

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Dear Mr Smith
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 14 October
2013 concerning
- I understand that certain of the Council’s services/functions are
outsourced to Capita. Please can you send me a copy of the information
which bestows the powers with which Local Authority Officers are normally
endowed by legislation or otherwise as part of their roles, on to these
private sector employees.

See email from applicant for context.
 
We are dealing with your request under the Freedom of Information Act 2000
and we aim to send a response by 11 November 2013 (which is 20 working
days beginning on the first working day after the date we received your
request).
 
In some cases, a fee may be payable. If we decide a fee is payable, we
will send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Regards,

Ola Sunmonu
Complaints and Freedom of Information Support Officer
Civic Offices, Broadway, Bexleyheath, Kent, DA6 7LB
Tel: 0203 045 4333
Email: [email address]
www.bexley.gov.uk

Gary Mitchell, Bexley Borough Council

2 Attachments

Information request
Our reference: 440165

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Dear ‎Mr Smith‏
 
Thank you for your request for information received on 14 October 2013.

The relevant legislation is S223 of the Local Government Act 1972 which
reads:

 S.223

(1) Any member or officer of a local authority who is authorised by that
authority to prosecute or defend on their behalf, or to appear on their
behalf in, proceedings before a magistrates' court shall be entitled to
prosecute or defend or to appear in any such proceedings, and[to conduct
any such proceedings].

(2) In this section “local authority” includes the Common Council[, a
joint authority[, [an economic prosperity board, a combined authority,] [a
joint waste authority,] the Greater London Authority] [. . .][, [police
and crime commissioner and the Mayor's Office for Policing and Crime] ...
] ... .

The above is subject to sections 20 and 71 of the Deregulation and
Contracting Out Act 1994.

Allied to that is our adopted and published scheme of delegations which is
attached. 

Regards,

Gary Mitchell

 

Deputy Head of Exchequer Services
Erith Town Hall
Tel: 02030454976
Email: [email address]
www.bexley.gov.uk

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