Compliance with Law

The request was successful.

Dear Department for Work and Pensions,

What information does the DWP hold relating to:
- A Civil Servants obligation to comply with statute and the rule of law.
- A Minister / Secretary of State obligation to comply with:
- Statute
- The Rule of Law
- Exercising their powers fairly and reasonably

Yours faithfully,

Gerald Jones

DWP freedom-of-information-requests, Department for Work and Pensions

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J Roberts left an annotation ()

Gerald,

I read this request not long ago that might be of interest to you. The response makes reference to the "Carltona" principle that dates from 1943.

https://www.whatdotheyknow.com/request/d...

Gerald Jones left an annotation ()

J Roberts,

Thank you for that. The Carltona Principle is very specific. There are a number of these sort of things relating to Government. For example the Ram Doctrine relates to Ministers only being allowed to spend monies that Parliament has voted for.

The Carltona principle means that in effect when a Civil Servant makes a decision it is regarded as being the same as if the Secretary of State or Minister was actually making the decision. This also allows junior ministers to exercise the statutory functions of the Secretary of State, who is ultimately in charge of the Department. This helps to explain the time when Ministers had a sense of honour and resigned when things when wrong within their department.

My question relates to the wider obligation of complying with statute and the rule of law (in effect our constitution).

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Dear Gerald Jones,

Thank you for your Freedom of Information request; please see the attached acknowledgement.
If you have any queries about this letter please contact me quoting the reference number above.
Yours sincerely,

DWP Central FoI Team
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Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk

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Mary Sanderson left an annotation ()

Good question, I look forward to reading the reply.

J Newman left an annotation ()

They have all signed the Civil Service Code (for what it is worth), but I'm not sure if that places it within the T's & C's of their contracts of employment.

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Dear Gerald Jones,

Please see the attached response to your Freedom of Information request.

Many thanks,

DWP Central FoI Team
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Gerald Jones left an annotation ()

So, people within the DWP have admitted to knowing that they must comply with the obligations listed. I think I will now ask what proactive steps the DWP take to ensure that it complies with such obligations when creating and executing non-statutory based departmental policy.