Code on Access to Information

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to The Local Government and Social Care Ombudsman

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

The request was successful.

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

Please provide a copy of the Commission for Local Administration's Code on access to Information (paragraph 24 of the Code of Conduct for Commission Members). I am unable to find a copy on your website.

I am able to find numerous references to the Information Commissioner but not in relation to the Commission's own code.

Yours faithfully,

Stuart Hardwicke Carruthers

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mr Carruthers

Our ref: CS/09/069, 070, 071, 072, and 073
Your ref: Requests: 14926, 14930, 14942, 14948 and 14955

This is to acknowledge receipt of all you requests noted above. I hope to be able to respond within the 20-working day target (which would be by 17 or 18 August 2009). If I am unable to do so, I will write to you again explaining why.

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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Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

Could you identify which requests the numbers relate to.

Our ref: CS/09/069, 070, 071, 072, and 073
Your ref: Requests: 14926, 14930, 14942, 14948 and 14955

Early disclosure of the CLAE's own Code on Access to Information would be appreciated.. and I'm surprised its not on your web site. If it should have been withdrawn please identify the CLAE decision and documents. The Code was identified as being current in 2008.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

I have. My reference numbers follow the same order as your request numbers. So CS/09/069 relates to your 14926, etc.

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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Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

I think the numbers might be generated by the whatdotheyknow site.

I have no knowledge of what the numbers refer to 'CS/09/069 relates to your 14926'.

The title of each question is clearly identified. If you wish to give a title an number that is for the CLAE.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

1 Attachment

Dear Mr Carruthers

Our ref: CS/09/073

Please find attached a letter in 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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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 Local Government Ombudsmen's handling of my FOI request 'Code on Access to Information'.

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

It is simply not believed that the CLAE does not have this document its existence is very clearly identified in the Code of Conduct provided by the Parliamentary Ombudsman in 2008 and that was identified as being current (i.e. February 2000 version). You will find a copy of the Code of Conduct on the WDTK site.

Paragraph 24 states: 'Commission members and their staff should conduct all their dealings with the public in an open and responsible way and ensure compliance with the Commission's Code on Access to Information, subject to the provisions of the Local Government Act 1974.'

It would not have been possible to ratify the governing documents in 2008 without reference to this document.

Are you identifying that the CLAE doesn't know its code of conduct developed with the support of the Secretary of State.. etc.. following the Nolan Report..

Yours faithfully,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mr Carruthers

As I explained in my letter - the Code of Conduct for Members has been amended since you were sent it in 2008. It was amended in October 2008. Paragraph 24 now says: "Commission members and their staff should conduct all their dealings with the public in an open and responsible way and ensure compliance with the Commission's Guidance on Public Rights to Information, subject to the provisions of the Local Government Act 1974."

One of the reasons it was amended was because the Code on Access to Information no longer exists.

Sorry - things change.

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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Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

As identified internal review is requested.

The Secretary of state will have had input to the changes. There shall have been a resolution of the CLAE.. and the governing document that applied as you allege was lost in 2008 will still be binding on the CLAE for at least six years.

Sorry things don't change that fast for a public body..

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mr Carruthers

I can assure you the Secretary of State had no part in the amendments to the Members Code of Conduct.

I have no idea what you mean by a 'governing document' - we certainly haven't 'lost' any documents. And I don't know what you mean when you talk about the 'governing document' being 'binding on the CLAE for at least six years'.

You will have to clarify before I can pass this for review.

My letter and my email earlier today made it clear that the 'Code on Access to Information' has been replaced by 'Guidance on Public Rights to Information'. I simply asked you to provide your reasons for requesting it, if you decide to request a copy of this document.

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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Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

I am unable to find any reference in the CLAe minutes that the 2000 version of the Code has been replaced in 2008 and paragraph 28 changed. I am also unable to find any copy of the Code on the CLA website.

Please provide a copy as requested, and it would be appreciated if you could identify where the CLAE agreed to a change in its Code of Conduct.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

1 Attachment

Dear Mr Carruthers

The Members Code was amended by Chair's action in October 2008. Here is a copy of the revised Code.

I cannot provide you with something that doesn't exist - ie the Code on Access to Information.

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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Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

Are you stating that of the two documents that formed the CLAE Code of Conduct which all the Local Commissioners signed and agreed to be bound by.. when they took office..

... does not exist.. It must otherwise the Commissioners would never have personally signed the document... and sanctioned an act of maladministration.

.. are you further stating that the Chair of the CLAE determined that no local commissioner needed to be bound by the Code of Conduct that they signed.. and that this remains the case.

The document that you have forwarded appears to me to be wastepaper and the personal responsibility of the Chair of the CLAE. It does not apply to the other Commissioners or even the Chair of the CLAE.. and as such they are not bound by the Code of Conduct.

It states in the Code of Conduct that the Code on Access to Information exists. I require a copy.

The Code will also have formed part of the CLAE's submission to the Information Commissioner when seeking to have its publication scheme authorised.

The request for internal review remains in place.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mr Carruthers

The Code on Access to Information has been replaced by the Guidance on Public Rights to Information. Neither document formed a part of the CLAE Members Code of Conduct, but were/are referred to in to Code.

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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Stuart Hardwicke CARRUTHERS

Dear Foi Officer,

The Code on Access to Information is specifically identified in the CLAE Code. It appears as far as I can see no where else.

The Code of Access to Information forms part of the CLAE Code.

The Internal Review request remains in place.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Foi Officer, The Local Government and Social Care Ombudsman

1 Attachment

Dear Mr Carruthers

Our ref: CS/09/073

Mr Karney has considered your request and asked me to send you the old Code on Access to Information referred to in the old Members Code of Conduct.
This Code on Access to Information ceased to apply after the Freedom on Information Act came into force.

It is attached.

Yours sincerely

Hilary Pook
Communications & Records Manager | DL: 020 7217 4734 |
Local Government Ombudsman's offfice | 10th Floor |
Millbank Tower | Millbank | London | SW1P 4QP |
www.lgo.org.uk |
|

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