conflict between Trading Standards statutory duties and local authority Trading Standards discretion

domenic b made this Freedom of Information request to Department for Levelling Up, Housing & Communities

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Waiting for an internal review by Department for Levelling Up, Housing & Communities of their handling of this request.

Dear Ministry of Housing, Communities and Local Government,

I thought this query may be a matter for your attention. If I'm wrong please let me know.

BEIS explain the following: ..Each local authority Trading standards do have discretion as to whether, and to what extent, to investigate a particular complaint and their decisions are taken in the collective interests of the public, rather than the interest of the individual complainant.

They also explain: MHCLG provides core grant funding to local authorities and that, finances and priority setting for local Trading Standards teams is ultimately a matter for local discretion.

Is there not a conflict between Trading Standards statutory duties and local authority Trading standards discretion? That one wishes to present evidence to the same, where should a complaint be directed? Is it to you?

A reference to any paper or electronic document held by you which deals with the above would be welcome. That no such document exists; no provision exists, kindly identify who to alarm?

Yours faithfully,

Ogmet

Despatch Box,

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Dear Ogmet
 
Your enquiry is being passed to the Correspondence Team who will allocate
your communication for a response.
 
This email address is for FOI enquiries.
 
Kind regards, 
 
KIA Team
MHCLG
 
Dear Ministry of Housing, Communities and Local Government,

I thought this query may be a matter for your attention. If I'm wrong
please let me know.

BEIS explain the following: ..Each local authority Trading standards do
have discretion as to whether, and to what extent, to investigate a
particular complaint and their decisions are taken in the collective
interests of the public, rather than the interest of the individual
complainant.

They also explain: MHCLG provides core grant funding to local authorities
and that, finances and priority setting for local Trading Standards teams
is ultimately a matter for local discretion.

Is there not a conflict between Trading Standards statutory duties and
local authority Trading standards discretion? That one wishes to present
evidence to the same, where should a complaint be directed? Is it to you?

A reference to any paper or electronic document held by you which deals
with the above would be welcome. That no such document exists; no
provision exists, kindly identify who to alarm?

Yours faithfully,

Ogmet

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Harriet Somers, Department for Levelling Up, Housing & Communities

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Dear Ogmet,

 

Thank you for your request to the Ministry of Housing, Communities and
Local Government.

 

We believe that the Department for Business, Energy & Industrial Strategy
would be best placed to answer your question. Unfortunately, as this was
originally an FOI request, we are unable to transfer it out. Therefore,
please would you contact them directly. Their general enquiries email
address is: [1][email address]

 

Kind regards,

Harriet

 

[2]MHCLG-logo Harriet Somers

Ministerial Correspondence Team

4^th Floor (SE Quarter), Fry Building, 2 Marsham Street,
London, SW1P 4DF

[3][email address]

 

 

 

 

From: Despatch Box <[email address]>
Sent: 23 November 2018 14:39
To: 0GovUKTraffic <[email address]>
Cc: [FOI #534356 email]
Subject: Trading Standards - BEIS

 

Dear Ogmet

 

Your enquiry is being passed to the Correspondence Team who will allocate
your communication for a response.

 

This email address is for FOI enquiries.

 

Kind regards, 

 

KIA Team

MHCLG

 

Dear Ministry of Housing, Communities and Local Government,

I thought this query may be a matter for your attention. If I'm wrong
please let me know.

BEIS explain the following: ..Each local authority Trading standards do
have discretion as to whether, and to what extent, to investigate a
particular complaint and their decisions are taken in the collective
interests of the public, rather than the interest of the individual
complainant.

They also explain: MHCLG provides core grant funding to local authorities
and that, finances and priority setting for local Trading Standards teams
is ultimately a matter for local discretion.

Is there not a conflict between Trading Standards statutory duties and
local authority Trading standards discretion? That one wishes to present
evidence to the same, where should a complaint be directed? Is it to you?

A reference to any paper or electronic document held by you which deals
with the above would be welcome. That no such document exists; no
provision exists, kindly identify who to alarm?

Yours faithfully,

Ogmet

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

Please use this email address for all replies to this request:
[4][FOI #534356 email]

Is [5][email address] the wrong address for Freedom of
Information requests to Ministry of Housing, Communities and Local
Government? If so, please contact us using this form:
[6]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[7]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[8]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear Harriet Somers,

Thank you for your response.

I'm addressing your message of 28th November 2018:

I'd imagine you're correct; that BEIS is best placed to address such a query however, it may be you hold relevant information not held by BEIS. If it's not too much to ask, I'd appreciate you checking your records.
Yours sincerely,
domenic b

Dear Ministry of Housing, Communities and Local Government,

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

I am writing to request an internal review of Ministry of Housing, Communities and Local Government's handling of my FOI request 'conflict between Trading Standards statutory duties and local authority Trading Standards discretion'.

Although this is marked for internal review, given the last entry was January this year, you may feel that it is necessary to request new request; internal review would be able to advise me.

I attach last message for which I received no response. I'd add: BEIS is not the competent authority in this case.

domenic b 31 January 2019
Dear Harriet Somers,
Thank you for your response.
I'm addressing your message of 28th November 2018:
I'd imagine you're correct; that BEIS is best placed to address such a query however, it may be you hold relevant information not held by BEIS. If it's not too much to ask, I'd appreciate you checking your records.
Yours sincerely,
domenic b

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

Yours faithfully,
domenic b

FoI Requests, Department for Levelling Up, Housing & Communities

Dear Sir/Madam,

 

It is unclear from your correspondence exactly what you are requesting.
Are you making a new request for information? If so, can you please
specify what your request is.

 

Alternatively, are you making a request for an internal review of a
previous FOI request? If this is the case, can you please provide the
reference number of said FOI request?

 

Kind Regards,

 

MHCLG FOI Team

 

From: Despatch Box <[MHCLG request email]>
Sent: 20 May 2019 14:47
To: FoI Requests <[email address]>
Subject: [MHCLG request email] Internal review of Freedom
of Information request - conflict

 

Dear Ministry of Housing, Communities and Local Government,

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

I am writing to request an internal review of Ministry of Housing,
Communities and Local Government's handling of my FOI request 'conflict
between Trading Standards statutory duties and local authority Trading
Standards discretion'.

Although this is marked for internal review, given the last entry was
January this year, you may feel that it is necessary to request new
request; internal review would be able to advise me.

I attach last message for which I received no response. I'd add: BEIS is
not the competent authority in this case.

domenic b 31 January 2019
Dear Harriet Somers,
Thank you for your response.
I'm addressing your message of 28th November 2018:
I'd imagine you're correct; that BEIS is best placed to address such a
query however, it may be you hold relevant information not held by BEIS.
If it's not too much to ask, I'd appreciate you checking your records.
Yours sincerely,
domenic b

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://www.whatdotheyknow.com/request/c...

Yours faithfully,
domenic b

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[2][FOI #534356 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[4]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Despatch Box, Department for Levelling Up, Housing & Communities

                            
Our reference: 4258651             Information request

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Ministry of Housing, Communities & Local Government
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Despatch Box, Department for Levelling Up, Housing & Communities

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Our reference: 4258651             Information request

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Dear Sir/Madam
 
Thank you for your request for information. I have attached our formal
response to this email.
Knowledge and Information Access Team
Ministry of Housing, Communities and Local Government
 
 
NOTE: Please do not edit the subject line when replying to this email.

August 2019

Dear FoI Requests,

Subject: conflict between Trading Standards statutory duties and 'local authority discretion'

Thank you for response of June 2019.

Although this is a new query, it follows the previous. That you require i initiate new query, kindly advise.

Where the council decides not to investigate complaint about Trading Standards but there is question over legitimacy of the council's decision not to do so, would you wish to receive details of the complaint, for the purpose of remedy, before complainant turns to the police?

Reference to any guideline or policy document would suffice.

Regards,
domenic b