Can I have a list of all internal investigations conducted by or on behalf of our council

George Cant made this Freedom of Information request to North East Lincolnshire Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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Dear North East Lincolnshire Council,
From official quires to full on findings of maladministration

Can I have a list of all internal investigations conducted by or on behalf of our council

Can I have all from 2004 ( our council becoming a special executive )to the date that you answer

Can you list them with
1, Dates of incidence
2 Date of investigations
3. Summary outcome paperwork
4. Department investigated.
5. Department that did the investigation. ( if there is a line management connection between 4 and 5 please indicate )
6. Reason that sparked the query/investigation

Also, can you proved me with any information ( with a pointer ) in relation to the requirement of council officers upon seeing illegal activity. ( monitoring officers ) To make that last question a bit clearer, I am asking do you have a statutory or legal responsibility to act if you see/identify illegal actions by council staff or officers.

Yours

George Cant

Customer Requests, North East Lincolnshire Council

Dear Mr Cant

Thank you for contacting us. Your request has been forwarded onto the
relevant department for them to take the appropriate action.

Your reference is CRM 932588, this MUST be quoted in any future contact
relating to this enquiry. This will ensure that we are fully aware of
the background to your concern if you should need to contact us again
regarding this.

Yours sincerely

Customer Requests

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Ellis, Paul, North East Lincolnshire Council

Dear Mr Cant

I am pleased to acknowledge your request for information received on 12
July 2010, which has been allocated the reference number 20100721 (CRM
932588).

Your request has been passed to the relevant department for processing
and you can expect your response within the 20 working day limit. If it
will take us longer than 20 working days to respond to you, we will
inform you of this and provide you with the expected date for receiving
the response.

Further information about how we will deal with your Freedom of
Information requests is available on our website at:
http://www.nelincs.gov.uk/council-and-de...
dom-of-information/

Please feel free to contact me if you require any further information or
assistance quoting the reference number above.

Yours sincerely

Paul Ellis

Corporate Records and Information Manager

North East Lincolnshire Council

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Ellis, Paul, North East Lincolnshire Council

Dear Mr Cant

You made a request on the July 12th 2010 under the Freedom of Information Act, for a 'list of all internal investigations conducted by or on behalf of North East Lincolnshire Council since 2004'. In accordance with section 1 of the Freedom of Information Act 2000, I can confirm that North East Lincolnshire Council holds the information you have requested.

Under section 12 of the Freedom of Information Act 2000, a public authority is not obliged to comply with a request where the estimated cost of doing so would exceed the appropriate amount. We have estimated, that the time required for the activities needed to locate, retrieve and extract the information you have requested would exceed the appropriate limit of £450 (18 hours).

The Council's Charging Policy for information requests, which clearly sets out our responsibilities and how the charging policy is applied, is available on our website at http://www.nelincs.gov.uk/council-and-de....

The employee time required for the activities needed to locate, retrieve and extract the information you have requested is calculated at a standard rate of £25 per hour. When the appropriate limit of £450 (18 hours) is exceeded we have the option to either decline to comply with your request or apply a charge for the estimated time required to meet your request.

As a Council we are committed to the Freedom of Information Act and are happy to support where ever possible any request for information we receive. We would therefore like to offer you our advice and assistance to refine your request, so the appropriate limit will not be exceeded and the information can be provided free of charge. Please let me know if you wish to discuss refining your request in line with the appropriate limit.

Please quote the reference number 20100721 in all your correspondence.

Please feel free to contact me if you require any further information or assistance.

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

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Dear Ellis, Paul,

------ you state-----We would therefore like to offer you our advice and assistance to refine your request, so the appropriate limit will not be exceeded and the information can be provided free of charge. -----------------

I thought all the information i asked for would be easily available from democratic services. ?

Just give me what you can that brings it under the limit. Maybe remove any documents that you have to sent and just give me the dates

maybe if you indicate what part of these you do easily hold. it will make it easer for me to refine.

LET ME STATE.

Because of the nature of what i am asking, and the connection to the department that has to answer, i feel that you have only answered like this as a delaying tactic.

Yours sincerely,

George Cant

Bradley Roberts left an annotation ()

Hi George,

Most local authorities (under advice from the Local Government Association) are using the £450 ploy to stop ordinary citizens, who obviously cannot afford £450, from getting access to council dealings they would rather keep secret.

By the way, do you know that Peter Barnard, the Registrar at Grimsby Institute, who was responsible for handling FoI requests, is now working out his enforced resignation.

Ellis, Paul, North East Lincolnshire Council

Dear Mr Cant,

Thank you for the further information provided in relation to your Freedom
of Information request made on July 12th 2010, reference 20100721 (CRM
932588). You have requested the following details for all internal
investigations conducted by or on behalf of North East Lincolnshire
Council since 2004:

* Date(s) of incident;
* Date(s) of investigations;
* Summary outcome paperwork;
* Department investigated;
* Department that did the investigation, (if there is a line management
connection between 4 and 5 please indicate); and
* Reason that sparked the query/investigation.

As stated in my e-mail of July 14th 2010, the information you have
requested is held by North East Lincolnshire Council, however we have
estimated that the time required to locate, retrieve and extract this
information, following the refinement of your request, would still exceed
the appropriate limit of £450 (18 hours). Under section 12 of the Freedom
of Information Act 2000, a public authority is not obliged to comply with
a request where the estimated cost of doing so would exceed the
appropriate amount. I must therefore inform you that North East
Lincolnshire Council, will not be meeting your request to provide details
of all internal investigations conducted since 2004.

Your request also asked for information about the requirements of council
officers upon seeing illegal activity (i.e. do you have a statutory or
legal responsibility to act if you see/identify illegal actions by council
staff or officers).

The council's constitution which is available on our website
([1]http://www.nelincs.gov.uk/council-and-de...)
provides in Part 5 (Codes and Protocols) the codes of conduct for Members
and officers.

The responsibilities of Members and officers are further explained in
the council's Anti-Fraud strategy available on our website
([2]http://www.nelincs.gov.uk/council-and-de...)
which provides advice and guidance on how to deal with fraud and
corruption.

If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

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Dear Ellis, Paul,

rubbish

1. Please send mew the calculation on time that you have used to reject this.

2. You have answer the question "do you have a statutory or legal responsibility to act if you see/identify illegal actions by council staff or officers"

with links pointing me to two bits of unless info,

Please ask your monitoring officer and deputy monitoring officer to confirm this answer in relation to what your supposed to do.. And saying that you would be over the 450 limit is down to you.

I will send this as well to the ICO.

I suggest that your monitoring officer and deputy monitoring officer do not want to answer this because on at least three occasions they have not acted correctly as per the constitution.

Them both Being solicitors means that its not just the constitution that rules them.

Yours sincerely,

George Cant

Dear North East Lincolnshire Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of North East Lincolnshire Council's handling of my FOI request 'Can I have a list of all internal investigations conducted by or on behalf of our council'.

I do not accept your answer as correct. And from such a poorly performing council, and especially after the public interest report and recent going ons,

this si not acceptable

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

Yours faithfully,

George Cant

Customer Requests, North East Lincolnshire Council

Dear Mr Cant,

Thank you for contacting us. Your request has been forwarded onto the
relevant department for them to take the appropriate action.

Your reference is CRM 941416, this MUST be quoted in any future contact
relating to this enquiry. This will ensure that we are fully aware of
the background to your request when you contact us again.

Yours sincerely,

Customer Requests

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Dimberline, Lee, North East Lincolnshire Council

Dear Mr Cant,

An internal Review has taken place following your request of 22nd July
2010, into North East Lincolnshire Council's response to your Freedom of
Information requests of 12th July 2010 (20100721).

Your request asked for details of all internal investigations conducted by
or on behalf of North East Lincolnshire Council since 2004. Following
advice and assistance the Council informed you that it held the
information you requested, but estimated that to locate, retrieve and
extract the required information would exceed the appropriate limit of
£450 (18 hours). Therefore your request was refused on the grounds of
cost by virtue of section 12 of the Freedom of Information Act.

I have considered the response you have received and investigated the time
required to respond to your request. The scope of your request for details
of all internal investigations conducted since 2004 is very extensive and
would require a review of a number of manual and electronic Council
systems to locate the information requested, as the term 'internal
investigation' can potentially apply to a multitude of activities carried
out by the Council. The Council's offer to provide advice and assistance
to redefine your request, to allow it to be responded to at no charge was
not taken up by yourself. Rather you responded with

'I thought all the information I asked for would be easily available from
democratic services. ?

Just give me what you can that brings it under the limit. Maybe remove any
documents that you have to sent and just give me the dates maybe if you
indicate what part of these you do easily hold. It will make it easer for
me to refine.'

Without clear clarification from you of the information you require, it is
not possible to redefine the scope of your request, to allow a response to
be provide at a cost that does not exceed the appropriate limit. I
therefore uphold the Council's estimate that the time required to locate,
retrieve and extract the information asked for in your request would
exceed the appropriate limit of £450 (18 hours), and the decision to
refuse your request by virtue of section 12 of the Freedom of Information
Act.

The second part of your request asked for information about the
requirements of Council officers upon seeing illegal activity (i.e. do you
have a statutory or legal responsibility to act if you see/identify
illegal actions by council staff or officers). In response you were
provided with internet links to the Council's Constitution (with reference
to Part 5 (Codes and Protocols) the codes of conduct for Members and
officers), and Anti-Fraud strategy.

The Constitution and Anti-Fraud strategy, set out the code of conduct for
Members and officers and advise on how to deal with fraud and corruption.
I therefore uphold the Council's response to your request for details
about the requirements of officers of North East Lincolnshire Council upon
seeing illegal activity.

I trust that the internal review has answered your query in full, however
if you require further clarification, please do not hesitate to contact
me.

If you are not happy with my decision you may wish to contact the
Information Commissioner's Office at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Telephone 08456 306060 or 01625 545745

Yours sincerely

E.M.Conolly

For Executive Director for Business Services

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Dear Dimberline, Lee,

I quote

"Just give me what you can that brings it under the limit. Maybe remove any documents that you have to sent and just give me the"
dates

I asked ?

maybe if you indicate what part of these you do easily hold. it will make it easer for me to refine.
----------------------------------------

am specificaly looking for investigations into employees and officers since you were a special executive.

There has been a flood of serious finacial irregularitys at our council over this time.

Yours sincerely,

George Cant

Ellis, Paul, North East Lincolnshire Council

Dear Mr Cant

Further to the correspondence of 19th August 2010, I must repeat that
without clear clarification from you of the information you require, it is
not possible to redefine the scope of your request, to allow a response to
be provide at a cost that does not exceed the appropriate limit.

The further clarification you have provided, which I set out below,
remains generic in nature and would require the Council to review all
internal investigations to provide a response.

"Just give me what you can that brings it under the limit. Maybe remove
any documents that you have to sent and just give me the" dates

maybe if you indicate what part of these you do easily hold. it will
make it easer for me to refine.

am specificaly looking for investigations into employees and officers
since you were a special executive.

There has been a flood of serious finacial irregularitys at our council
over this time.

If you are not happy with the Council's handling of your request you have
the right to contact the Information Commissioner's Office at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Telephone 08456 306060 or 01625 545745

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

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Dear Ellis, Paul,

i quote " maybe if you indicate what part of these you do easily hold. it will make it easer for me to refine."

IE, tell me what format and how you hold one typical example of an internal investigation. ( lets say the first internal investigation into the Iclandic loss is a good example ). whats datas held in what format by who ?

Yours sincerely,

George Cant

Ellis, Paul, North East Lincolnshire Council

Dear Mr Cant

Thank you for your further correspondence in relation to your Freedom of
Information request (20100721) concerning Internal Investigations,
conducted by or on behalf of North East Lincolnshire Council.

You have used issues in relation to Icelandic Banks as an example of the
Internal Investigations you require information about.

Can you please therefore confirm that your request is for a list of all
Internal Investigations in relation to Icelandic Banks since 2004
conducted by or on behalf of North East Lincolnshire Council, giving:

1) Dates of incident
2) Date of investigations
3) Summary outcome paperwork
4) Department investigated.
5) Department that did the investigation. (if there is a line management
connection between 4 and 5 please indicate)
6) Reason that sparked the query/investigation

Your request will remain on hold, until I receive confirmation of your
request

Regards

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

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Dear Ellis, Paul,

I only used the iclandic back fiasco as an example so you could tell me what format you hold what parts of the data on.

i would like to know, what parts of the answers would make your costs over 450 .

So the question is as it stands, with the caviat from me asking what parts of the data would be easaly available.

To be a bit clearer, if this helps you answer.

I beleive that the council has failed to conduct internal investigations on at least seven occasions over this period when it should have.

Furish me with the details of whne you have will allow me to show others how you have failed to on some other occasions.

Yours sincerely,

George Cant

Ellis, Paul, North East Lincolnshire Council

Dear Mr Cant

Thank you for your e-mail of 24^th August 2010, again requesting details
of internal investigations carried out by or on behalf of North East
Lincolnshire Council.

The Council have previously informed you that the estimated time required
for locating, retrieving and extracting the information you have asked for
would exceed the appropriate limit of £450 (18 hours), and because of
this would not be responding to your request.

As the scope of your request for details of all internal investigations
since 2004 would potentially apply to a wide range of Council activities
and records we have asked you to redefine and clarify the information you
require. You have responded by asking `to be provided with what
information can be provided under the limit' and `for us to identify what
can be provided easily'. Unfortunately due to the potentially extensive
range of activities covered by the term internal investigation it is not
possible to clearly identify the information you require and therefore we
cannot identify what could be provided either easily or within the
appropriate limit.

In your last e-mail you asked to know `what parts of the answers would
make your costs over 450'. Without clear clarification of your definition
of internal investigations, to respond to your request in its current
format would require the review of all Council records potentially
relevant to the term internal investigation to identify the information
you require. The time required to undertake this activity would exceed 18
hours.

Further to the response of 19th August 2010 to your internal review, if
you are not happy with the Council's handling of your request you have
the right to contact the Information Commissioner's Office at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
    
Telephone 08456 306060 or 01625 545745    

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

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Stuart May left an annotation ()

Dear Ellis, Paul,

I am taking this to the ICO so i am just going to be clear about what i am asking

I asked you for details on all internal investigations.

By that i meant investigations by the council into officers/deparetment actions and breaches of protocol. Not investigations into members of public

I used the Iclandic fiasco because there were a couple of internal investigations before the district auditor took over and commissioned the special interest report.

I am wary about refining my search terms because i suggest you will use my refinement to exclude some of the ones i am looking for.

When i ask you to give me what you can, i meant if you can just list the investigations started, i could then refine my search.

Yours sincerely,

George Cant

Dear Ellis, Paul,

I have taken this to the ICo in relation to the first part.

You claim to have answered the second part but i am struggling to understand it,

You Stated

-------------------------------------------------
Your request also asked for information about the requirements of council officers upon seeing illegal activity (i.e. do you have a statutory or legal responsibility to act if you see/identify illegal actions by council staff or officers).

The council's constitution which is available on our website ([1]http://www.nelincs.gov.uk/council-and-de...) provides in Part 5 (Codes and Protocols) the codes of conduct for Members and officers.

The responsibilities of Members and officers are further explained in the council's Anti-Fraud strategy available on our website ([2]http://www.nelincs.gov.uk/council-and-de...) which provides advice and guidance on how to deal with fraud and corruption.

----------------------------------------------------
you point to your constitution ( a 430+ page document ) and reffair to section five.

I can not find an answer to

------------------------------------------------
Also, can you proved me with any information ( with a pointer ) in relation to the requirement of council officers upon seeing illegal activity. ( monitoring officers ) To make that last question a bit clearer, I am asking do you have a statutory or legal responsibility to act if you see/identify illegal actions by council staff or officers.

--------------------------------------------------

So to make it very clear to you what information i am asking you to provide.

Does the Chief exec, Monintoring officers and legal officers, Records manager, collections managers or staff or the elected leader of the council, have a a statutory or legal responsibility to act if you see/identify illegal actions by council staff or officers.

yes or no ( for each please if different )

If yes, please point to the exact page numbers and paragraph within the constitution( if possible ) that applies in each case. Or just explain them

also, please confirm that your constitution would be the only document that you would have to refair to if illegal activity was identified to you, or if its indicated to you that one of your officers has acted illigally.

IE are you required to report it outside the council
Yours sincerely,

George Cant

Ellis, Paul, North East Lincolnshire Council

Dear Mr Cant

Thank you for your query in relation to Freedom of Information request
20100721, in response to which I am pleased to provide the following.

All Members and Officers of North East Lincolnshire Council have a
responsibility to act if they see or identify illegal actions by Council
officers.

Part 5 (Codes and Protocols) of the Council's Constitution sets out and
explains the codes of conduct Members and Officers of North East
Lincolnshire Council must follow. Part 5 of the Constitution can be found
between pages 289 and 406, and is available on the Council website at
[1]http://www.nelincs.gov.uk/council-and-de...

The process for dealing with illegal activity would include referrals to
the Police or an Auditor in appropriate cases.

If you require any further clarification or details, please do not
hesitate to contact me, quoting the reference number above.

If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

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Dear Ellis, Paul,

As i said, can not understand it from your point so i have asked you to copy on here.

You have just re-hashed the same responce.

Do yuo think its suitable to point me to 200 pages of a 400 page document.

I feel that you are being purposfully shallow in your responce because of failure to conform to the action that our constitution directs.

i asked you this

------------------------------------------------------
So to make it very clear to you what information i am asking you to provide.

Does the Chief exec, Monintoring officers and legal officers, Records manager, collections managers or staff or the elected leader of the council, have a a statutory or legal responsibility to act if you see/identify illegal actions by council staff or officers.

yes or no ( for each please if different )

If yes, please point to the exact page numbers and paragraph within the constitution( if possible ) that applies in each case. Or just explain them

also, please confirm that your constitution would be the only document that you would have to refair to if illegal activity was identified to you, or if its indicated to you that one of your officers has acted illigally.

IE are you required to report it outside the counci

-----------------------------------------------------

Yours sincerely,

George Cant

Dear Ellis, Paul,

am i still awaiting for youi to respond to this ??

--------------------------------------------------

"Does the Chief exec, Monintoring officers and legal officers,
Records manager, collections managers or staff or the elected
leader of the council, have a a statutory or legal responsibility
to act if you see/identify illegal actions by council staff or
officers.

yes or no ( for each please if different )

If yes, please point to the exact page numbers and paragraph within the constitution( if possible ) that applies in each case. Or just explain them

also, please confirm that your constitution would be the only document that you would have to refair to if illegal activity was identified to you, or if its indicated to you that one of your officers has acted illigally.

IE are you required to report it outside the counci"
Yours sincerely,

George Cant

PPD - FOI, North East Lincolnshire Council

Dear Mr Cant,

Further to your query of 9th December 2010, an Internal Review has been
carried out into the handling of the second part of your Freedom of
Information request of 12th July 2010 (20100721).

Background

Your original request asked for any information (with a pointer) in
relation to the requirement of council officers upon seeing illegal
activity.

The Council responded to your original request with:

Your request also asked for information about the requirements of
council officers upon seeing illegal activity (i.e. do you have a
statutory or legal responsibility to act if you see/identify illegal
actions by council staff or officers).

The council's constitution which is available on our website
([1]http://www.nelincs.gov.uk/council-and-de...)
provides in Part 5 (Codes and Protocols) the codes of conduct for
Members and officers.

The responsibilities of Members and officers are further explained in
the council's Anti-Fraud strategy available on our website
([2]http://www.nelincs.gov.uk/council-and-de...)
which provides advice and guidance on how to deal with fraud and
corruption.

Your further query of 6th December 2010 expanded this question by asking:

Does the Chief exec, Monintoring officers and legal officers, Records
manager, collections managers or staff or the elected leader of the
council, have a a statutory or legal responsibility to act if you
see/identify illegal actions by council staff or officers.

yes or no ( for each please if different )

If yes, please point to the exact page numbers and paragraph within the
constitution( if possible ) that applies in each case. Or just explain
them

also, please confirm that your constitution would be the only document
that you would have to refair to if illegal activity was identified to
you, or if its indicated to you that one of your officers has acted
illigally.

IE are you required to report it outside the council

The Council responded to your original request with:

All Members and Officers of North East Lincolnshire Council have a
responsibility to act if they see or identify illegal actions by Council
officers.

Part 5 (Codes and Protocols) of the Council's Constitution sets out and
explains the codes of conduct Members and Officers of North East
Lincolnshire Council must follow. Part 5 of the Constitution can be
found between pages 289 and 406, and is available on the Council website
at
[3]http://www.nelincs.gov.uk/council-and-de...

The process for dealing with illegal activity would include referrals to
the Police or an Auditor in appropriate cases.

In your e-mail of 9^th December 2010, you responded with, before repeating
the questions originally asked in your e-mail of 6^th December 2010.

As i said, can not understand it from your point so i have asked you
to copy on here.

You have just re-hashed the same responce.

Do yuo think its suitable to point me to 200 pages of a 400 page
document.

I feel that you are being purposfully shallow in your responce
because of failure to conform to the action that our constitution
directs.

i asked you this

Internal Review

The Council have considered the responses you have received to your
request for the responsibilities of Members and officers of North East
Lincolnshire Council if they see or become aware of illegal activities by
Council officers.

The information you have been provided with identifies the codes of
conduct Members and officers of North East Lincolnshire Council are
expected to comply with (Part 5 of the Council's Constitution) and the
advice and guidance provided to them on how to deal with fraud and
corruption (Anti-Fraud strategy). Further the Council confirmed that the
codes of conduct in the Constitution and the further advice and guidance
in the Anti-Fraud strategy apply to all Members and officers of the
Council and that the process for dealing with illegal activity would
include referrals to the Police or an Auditor in appropriate cases.

I am therefore satisfied that the Council have provided you with the
information you have requested.

Further to you e-mail of 9^th December 2010 and the suggestions you have
made, I have considered whether the Council's response could have
specified certain elements of the Constitution for your review, which
would have provided you with a greater understanding of the roles and
responsibilities of Members and officers if they become aware of illegal
activities.

Your request asked for any information (with a pointer) in relation to the
requirement of Council officers upon seeing illegal activity. The
Council's Constitution, and particularly Part 5, sets out and explains the
arrangements in place for Good Governance within North East Lincolnshire
Council, including the codes of conduct Members and offices are bound to
comply with and the specific obligations they must meet. The framework for
the Council's Local Code of Corporate Governance reflects the guidance set
out in the Chartered Institute of Public Finance and Accountancy (CIPFA) /
Society of Local Authority Chief Executives (SOLACE) publication
`Delivering Good Governance in Local Government - Framework'.

The Constitution, and particularly Part 5, therefore provides the
standards Members and officers are bound to comply with both in terms of
their own behaviour and the behaviour of others, and the actions to be
taken were these standards are not met. The response to your request,
directing you to the Constitution and the Anti-Fraud strategy, provided
you with full explanation of the standards, roles and responsibilities
expected of Members and officers. Directing you to a single section or
paragraph would not have provided you with a complete answer to your
request.  

I am therefore satisfied that the Council have provided you with the
information you have requested in the most appropriate manner, to provide
you with a full understanding of the standards, roles and responsibilities
expected of Members and officers of North East Lincolnshire Council.

I trust that the internal review has answered your query in full, if you
are not happy with the decision of the Council you may wish to contact the
Information Commissioner's Office at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone 08456 306060 or 01625 545745

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

show quoted sections

Dear PPD - FOI,

so just to be clear

you say
-----------------------------------------------------
Dear Mr Cant

Further to the correspondence of 19th August 2010, I must repeat that without clear clarification from you of the information you require, it is not possible to redefine the scope of your request, to allow a response to be provide at a cost that does not exceed the appropriate limit.

The further clarification you have provided, which I set out below, remains generic in nature and would require the Council to review all internal investigations to provide a response.
-----------------------------------------------------
so i said

"Just give me what you can that brings it under the limit. Maybe remove any documents that you have to sent and just give me the" dates maybe if you indicate what part of these you do easily hold. it will
make it easer for me to refine.

am specificaly looking for investigations into employees and officers since you were a special executive.

There has been a flood of serious finacial irregularitys at our council over this time.

-------------------------------------------------------

absolute rubbish

your making it hard to get this infomation because you (legal team ) know it shows my council in a very bad lite.
I feel that i have done a lot of work to try and get you to be able to comply with theis request, you reasis ofr reffusales are slim at best and thats why you just keep saying no insteaD OF TELLING ME HOW THEY ARE HELD.

and finaly.

i asked this on

-----------------------------------------------------

i quote " maybe if you indicate what part of these you do easily hold. it will make it easer for me to refine."

IE, tell me what format and how you hold one typical example of an internal investigation. ( lets say the first internal investigation into the Iclandic loss is a good example ). whats datas held in what format by who ?

--------------------------------------------------

and again you have reffused to answer, making it difficult for me to ggewt the infomation i require.

Yours sincerely,

George Cant

Ellis, Paul, North East Lincolnshire Council

Dear Mr Cant

If you are not happy with how North East Lincolnshire Council have handled
your Freedom of Information request, you have the right to request an
independent review by the Office of the Information Commissioner, who can
be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone 08456 306060 or 01625 545745

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

show quoted sections

Dear Ellis, Paul,

Hi ho Hi ho, to the ICO we go

reff c12

Yours sincerely,

George Cant

George Cant left an annotation ()

ico reff

FS50367860

PPD - FOI, North East Lincolnshire Council

Dear Mr Cant

Your Freedom of Information request, reference 20100721 (ICO reference
FS50367860), made on July 12th 2010 and subsequent correspondence, asks
for a list of all internal investigations conducted by or on behalf of
North East Lincolnshire Council since 2004, detailing:

    
1       Date(s) of incident;
2       Date(s) of investigations;
3       Summary outcome paperwork;
4       Department investigated;
5       Department that did the investigation, (if there is a line
management connection between 4 and 5 please indicate); and

6       Reason that sparked the query/investigation.

As previously notified I can confirm that North East Lincolnshire Council
holds the information you have requested, but due to extensive scope of
the investigations covered by your request, we estimate that the time
required for the activities needed to locate, retrieve and extract this
information would exceed the appropriate limit of £450 (18 hours). Under
section 12 of the Freedom of Information Act 2000, we are not obliged to
comply with a request where the estimated cost of doing so would exceed
the appropriate limit. Further information about this can be found in the
Council’s Charging Policy for information requests, which is available on
our website at
[1]http://www.nelincs.gov.uk/council/the-co....

As a Council we are committed to the Freedom of Information Act and look
to support wherever possible any request for information we receive. In
many cases, where it is estimated that the appropriate limit would be
exceeded, it is possible to refine the scope of the request so that a
response can be provided without exceeding the appropriate limit. To
assist you to do this I am pleased to provide you with an explanation as
to why we have estimated that to respond to your request would exceed the
appropriate limit, and how you could consider refining your request so
that it may be responded to without exceeding the appropriate limit, if
you so wish.

Your request asked for a list of all internal investigations conducted by
or on behalf of North East Lincolnshire Council since 2004. The term
'internal investigation' can apply to a wide range of activities
undertaken by the Council, these include but are not restricted to,
complaint handling, service reviews, internal audits and employee
grievances. Due to the differing nature of the activities potentially
falling under the term 'internal investigation', information relating to
the different types of internal investigation undertaken is not maintained
within a single system, or in the particular format you have asked for.
Therefore in order to collate this information a number of different
systems would need to be checked to identify the investigations which have
taken place, with additional manual checks required to locate the specific
information required in relation to each case, or to identify other
investigations not included on electronic systems.

As an example of the estimated time required to respond to your request
based on its current scope, in 2009/10 the Council received approximately
600 complaints requiring investigation, to review just these cases based
on an assumption of 30 minutes per case would take 300 hours, or over
2,000 hours to review the complaints received in the period 2004 to date.
I hope that this clarifies why we have estimated that the time required to
respond to your request in its current format, would exceed the
appropriate limit of £450 (18 hours).

If you wish to refine the scope of your request so that it can be
responded to without exceeding the appropriate limit, you could consider
narrowing the focus of your request to a particular type of internal
investigation (i.e. complaint handling, internal audits) or focus on a
specific service area, issue or case. The Committee Meetings area of the
Council's website which can be found at
[2]http://www.nelincs.gov.uk/meetings/ may assist you to identify a
particular area of focus. Based on the type of investigation, service area
or specific issue you refine your request to, and the number and
complexity of the investigations it covers, it may be necessary to further
refine the period of time you are requesting information for and / or the
level of detail required for each individual investigation, so that we can
provide you with the information you require within the appropriate limit
and without any cost to you.

It is possible that even if the scope of your request is refined, that the
estimated time to locate, retrieve and extract the relevant information
may still exceed the appropriate limit, due to the number of
investigations involved and / or the complexity of the relevant
investigation(s). In this case we would provide you with a further
explanation for why the request exceeds the appropriate limit and if
appropriate, any advice to further refine the scope of your request.
Please note that if, as part of the refining of your request, you split
your request into a number of smaller requests, we may in accordance with
the Freedom of Information Act, estimate the cost of complying with any of
the requests to be the estimated total cost of complying with all of the
requests. Further details about the aggregation of requests can be found
in the Council's Charging Policy, available on our website at
[3]http://www.nelincs.gov.uk/council/the-co....

I hope that the above information has explained why we have estimated the
time required to respond to your request exceeds the appropriate limit,
and will assist you, should you wish, to refine the scope of your request
in line with the appropriate limit.

If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner for an independent review. If you wish to request an internal
review, please contact me and I will make the necessary arrangements.

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

show quoted sections

Ganesh Sittampalam left an annotation ()

The ICO's decision notice on this request can now be found at

http://www.ico.gov.uk/~/media/documents/...

Dear PPD - FOI,

when i asked this is was refiaring to internal investigations into officers ect, not public complaints, that data is published.

Examples of what i need

the first 2 internal investigations into the iclandic banking failure and the missing 7 million. ( as mentioned in the audit commision report )

any internal responces or rebutals

any internal investigation into the overspend shown here. http://www.crazycouncil.co.uk/district-a...

any any others of that magnitued that deal with internal failures of finaces since then

Also, Shoreline.

I think there was some irregularity involved with the origional forms sent out to tenants asking them to transfare to shoreline. any investigatons into that

The removal of shoreline directors ( if its available ) any investigations into that.

any internal investigations, removing/redacting were necasery in relation to this .

http://www.rottencouncil.co.uk/corrupt-c...

I will look through my records over te next few days and identify any more

Yours sincerely,

George Cant

PPD - FOI, North East Lincolnshire Council

Dear Mr Cant

Thank you for your further correspondence in relation to your
information request 20100721, which identifies that you require
information in relation to investigations into the following four areas:

A) Icelandic bank investments;
B) The transfer of the Council's Shoreline;
C) The Directors of Shoreline; and
D) Car loan fraud.

Your requests finishes with the statement 'I will look through my
records over te next few days and identify any more'

Your original request was refused under section 12, as its scope would
have exceed the appropriate limit. As stated in our correspondence of
January 18th 2012 'if, as part of the refining of your request, you
split your request into a number of smaller requests, we may in
accordance with the Freedom of Information Act, estimate the cost of
complying with any of the requests to be the estimated total cost of
complying with all of the requests. Further details about the
aggregation of requests can be found in the Council's Charging Policy,
available on our website at
http://www.nelincs.gov.uk/council/the-co...
-of-information/deal-information-requests/'.

Can you therefore please confirm if your request is in relation to only
the four areas identified above or if you wish the Council to consider
any other potential areas of investigation. If you wish to expand the
scope of your request to cover other areas, can you please identify
those areas.

Under the Freedom of Information Act, the 20 working days allowed for
responding to your request will not begin until this clarification is
received.

Please feel free to contact me if you require any further information or
wish to discuss this matter.

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

<html>
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Dear PPD - FOI,

he other items i was going to request will take a bit further research, so please answer the above ones, i am particularly interested in the all investigations inm the banking criss before the auditors SPIR

I do not antisipate being ready to ask the other questions for over 4 weeks.##

you say

Your original request was refused under section 12, as its scope would have exceed the appropriate limit

I say

I challanged this through the ICO and won ?

you say

Under the Freedom of Information Act, the 20 working days allowed for responding to your request will not begin until this clarification is received.

I say

The origional request is over 18 month old, the documents in relation to the iclandic investigations should be easy to respond with.

Again, i consider your delaying this, I had previously refined my request tot he iclandic fiasco in our corrispondance,

So, answer asap please on the iclandic ficaco, the rest i dont mind waiting for.

Yours sincerely,

George Cant

PPD - FOI, North East Lincolnshire Council

Dear Mr Cant

I am pleased to acknowledge your request for information received on
21/02/2012, which has been allocated the reference number FOI219011/12.

Your request has been passed to the relevant department for processing
and you can expect your response within the 20 working day limit. If it
will take us longer than 20 working days to respond to you, we will
inform you of this and provide you with the expected date for receiving
the response.

Further information about how we will deal with your Freedom of
Information requests is available on our website at:
http://www.nelincs.gov.uk/council-and-de...
dom-of-information/

Please feel free to contact me if you require any further information or
assistance quoting the reference number above.

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

<html>
<p>
<p>------------------------------------------------------------------------------------------------------------<p>
<p class=MsoNormal style='mso-layout-grid-align:none;text-autospace:none'><span
style='font-size:14.0pt;font-family:Webdings;mso-bidi-font-family:Webdings;
color:green'>P </span><span style='font-size:12.0pt;font-family:"Arial","sans-serif";
color:green'>Reduce your environmental footprint, please do not print this
email unless you really need to. </span><span style='font-size:10.0pt;
font-family:"Arial","sans-serif";color:blue'><o:p></o:p></span></p>

<p class=MsoNormal style='mso-layout-grid-align:none;text-autospace:none'><span
style='font-size:12.0pt;font-family:"Arial","sans-serif";color:blue'><o:p>&nbsp;</o:p></span></p>
<p class=MsoNormal><span style='font-size:12.0pt;font-family:"Arial","sans-serif"'>This
electronic message contains information from North East Lincolnshire Council
which may be privileged or confidential. The information is intended to be for
the use of the individual(s) or entity named above. If you are not the intended
recipient be aware that any disclosure, copying, distribution or use of the
contents of this information is prohibited. If you have received this
electronic message in error, please telephone or email the number(s) or address
above immediately. Activity and use of the North East Lincolnshire email system
is monitored to secure its effective operation and for other lawful business
purposes. Communications using this system will also be monitored and may be
recorded to secure effective operation and for other lawful business purposes.
Scanned by Anti Virus Software</span></p>
</html>

PPD - FOI, North East Lincolnshire Council

2 Attachments

Dear Mr Cant

Your request 219011/12, which links to your previous request 20100721,
asked for details of internal investigations since 2004 into the following
areas:

 A. Icelandic investments

An Internal Audit investigation was carried out in October 2008 as a
result of the loss of investments. The  investigation was to ascertain
what led to the lost investment, and the report was published as part of
the papers for the Council's Audit Committee  meeting of 15th January 2009
- [1]http://www.nelincs.gov.uk/meetings/commi.... At the
time there was a line management relationship between the Head of Internal
Audit and Deputy Director of Finance and Strategic Change.

Please also find a copy of the Treasury Management System review, carried
out as part of Internal Audit’s 2008/09 Audit Plan, which is referred to
in the above report.

<<Final Treasury Management Audit Report 2008-09.pdf>>

B) The report outlining the performance of the Treasury Management
function for the six months ending 30 September 2009 

No investigations matching this criteria have been identified.

 

C) The transfer of the Council's housing stock to Shoreline in 2005

No investigations matching this criteria have been identified.

 

D) The Directors of Shoreline

No investigations matching this criteria have been identified.

E) Car loan fraud

No specific investigations have taken place into the alleged  car loans
fraud.  Internal Audit did however, do a specific audit into car loans  in
2009/10 as a consequence of the control failure. The report is attached.
There are no line management connections between Internal Audit and the
officers subject to audit.

<<60 Car Loans Audit Report FINAL.pdf>>
In setting the criteria of the investigations reviewed in relation to each
of the issues you identified, we did not include investigations concerning
any specific individual, as we deem that this would be personal
information of a third party, exempt from disclosure under section 40 (2)
of the Freedom of Information Act as disclosure would breach their rights
under the Data Protection Act.

If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

show quoted sections

Dear PPD - FOI,

hi, i have a few questions and require you to clarify some points

A. Icelandic investments

were there any external investigations before the audit commision special public intterest report, if so, can i have a copy

C) The transfer of the Council's housing stock to Shoreline in 2005 ----------No investigations matching this criteria have been identified.

Maybe i should ask for all years. i was looking for details on a tip i was snet in relation to missing or not delivered voting forms to tenants in relation to the transfare. this would have been in relqation to the vote to allow the transfare

D) The Directors of Shoreline --------No investigations matching this criteria have been identified.

errrm, whats this then

http://news.bbc.co.uk/1/hi/england/humbe...

quote"Three senior staff members have been suspended from a social housing group that manages more than 8,400 council homes in North East Lincolnshire"

Yours sincerely,

George Cant

PPD - FOI, North East Lincolnshire Council

Dear Mr Cant
 
Thank you for your further enquiries in relation to request 219011/12, in
response to which I am pleased to provide the following confirmation
 
Icelandic investments - I can confirm that there were no external
investigations prior to the public interest report
 
The Shoreline Housing Partnership - I can confirm that we do not hold any
information concerning investigations undertaken by North East
Lincolnshire Council matching this criteria. Please note that the
Shoreline Housing Partnership is a separate legal entity from the Council,
and that the Council are not responsible investigating issues in relation
to them.
 
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
 
Yours sincerely
 
Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council
 
 
 

Dorothy Matricks (Account suspended) left an annotation ()

The annotation made on 19 January 2012 included a link to the Information Commissioner's Decision Notice (FS50367860). That appears no longer to work, however, I found this which does:

https://ico.org.uk/media/action-weve-tak...

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