council functions

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Derbyshire Dales District Council

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

Derbyshire Dales District Council did not have the information requested.

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

I would like to know the average proportion of time the elected representatives of your authority spend as part of their duties for 2005/2006, 2006/2007 and 2007/2008 on their main activities. The activities that form their duties (employment) as an elected representative are:

1 directly resolving complaints against the executive (Council Staff) of the Council by residents;
2 sitting on committee's;
3 acting for the political parties that they represent and/or ceremonial duties (i.e. all time not spent on sitting on a Committee or resolving a complaint against the executive);

The total time spent by an elected representative for a Council on these three activities should be 100 per cent of the time they spend 'working for a Council' as an elected representative.

I would additionally like to know how much in total was paid to local councillors to meet all their duties (including expenses) for 2005/2006, 2006/2007 and 2007/2008 by your authority, and how many elected representatives are (and were) represented on your authority for these years.

I would also like to know how many Complaints in total were submitted to your Council in 2005/2006, 2006/2007 and 2007/2008 for each year. I would further like to know how many of these complaints were formally considered by an elected representative for each of these years.

I would further like to know how many complaints against the Executive (Council staff) led to the elected representatives formally identifying that the Executive had acted wrongly for the years 2005/2006, 2006/2007 and 2007/2008, and how many of these formal determinations by the elected representatives identify that there was no wrong-doing by the Executive. How many staff employed by your authority in 2005/2006, 2006/2007 and 2007/2008 ceased to be employed by your authority as a direct result of a complaint against the Executive, and the Councillors identifying this to be the case.

I would further like to know how much money the Council has paid to a complainant (i.e. victim of a Council's wrongdoing) through its own complaints system (i.e. excluding any intervention by the Local Government Ombudsman, Valuation Tribunal or similar body) in 2005/2006, 2006/2007 and 2007/2008.

I would like to know how much money either in the form of local settlement or additional formal finding of maladministration causing injustice the Local Government Ombudsman has recommended that your Council pay in 2005/2006, 2006/2007 and 2007/2008 (for each year) and if the Local Government Ombudsman's recommendations have been met in full (including any non-financial recommendations for each year)). Please detail any recommendation that has not been met in full and provide a copy of the Elected representatives decision. Please additionally identify if these costs were met directly by Council Tax Payers or the Council's insurers (excluding self insurance by a Council)

Finally, please provide details of the financial cost of administering all your complaints systems (including FoI and DP) by the Executive for 2005/2006, 2006/2007 and 2007/2008 and the number of staff employed in administering complaints and resolving these (Full time equivalent staffing levels). Please also provide details of your total administrative costs for 2005/2006, 2006/2007 and 2007/2008 and the total number of staff employed by your authority, as well as any pay increase (including increments) made to the Council's Chief Executive (Head of Paid Service) in pounds sterling for each of these years. Please additionally identify if the Chief Executives wages included performance related payments.

If you do not have this reasonably basic management information related to complaints and/or identify that the costs of accessing the information requested will be more than £450 please state this and identify that your Authority does not have either a functioning or accountable complaints system, and does not maintain any basic management information related to this issue.

If you have a complaints system not fit for purpose please identify which political party currently controls your Council, and if this political party has appointed the current Electoral Registration and Returning Officer through its control of the Council (with date of their formal appointment). Please name the current Electoral Registration and Returning Officer, and identify if they are also Head of Paid Service, and Clerk to your Authority. Please additionally provide any documentation maintained by your Local Authorities Head of Paid Service identifying that they personally do not believe it to be appropriate for your Council to have a complaints system that is fit for purpose. This documentation should be in existence due to the provisions of s4 of the Local Government Act 1989.

Yours faithfully

Stuart HARDWICKE CARRUTHERS

booth-jones, beverley, Derbyshire Dales District Council

Thank you for your message. Please note that I am out of the office until Tuesday 26th August 2008. If your enquiry is urgent please contact Helen Boden on Ext 1303, otherwise I will deal with your e-mail on my return.

Bev Booth-Jones
<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><a href = "www.derbyshiredales.gov.uk">www.derbyshiredales.gov.uk</a></b></font>

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><b>Derbyshire Dales District Council is rated 'Excellent' and 'Performing Well' by the Audit Commission.</b></font>

<font color='#000000' face='Arial, Helvetica, sans-serif' size='1'><b>The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.
This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.
Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.</b></font><hr>
<font color='#000000' face='Arial, Helvetica, sans serif ' size = '2'><b> Do you really need to print out this e-mail? Be<font color='#558d37'> Green<font color='#000000'> - keep it on the screen</b></font>

Horsfield, Phillip, Derbyshire Dales District Council

I am out of the Office until Wednesday August 27 th and my e-mails will not be checked in the interim.
<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><a href = "www.derbyshiredales.gov.uk">www.derbyshiredales.gov.uk</a></b></font>

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><b>Derbyshire Dales District Council is rated 'Excellent' and 'Performing Well' by the Audit Commission.</b></font>

<font color='#000000' face='Arial, Helvetica, sans-serif' size='1'><b>The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.
This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.
Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.</b></font><hr>
<font color='#000000' face='Arial, Helvetica, sans serif ' size = '2'><b> Do you really need to print out this e-mail? Be<font color='#558d37'> Green<font color='#000000'> - keep it on the screen</b></font>

Horsfield, Phillip, Derbyshire Dales District Council

Dear Mr Hardwick Carruthers,

I can confirm that my estimation of the time that it would take to gather the information would mean that the request would exceed the limit of £450 as it stands.

It may help you to know that this Council does not operate executive arrangements. However it would appear from reading that you refer to the staffing provision within the Council when you refer to executive. I mention this as it may be a cause for confusion with those Council's who do operate an executive arrangement.

I am happy to help you refine the request for information should you so wish and should you require assistance in order to do this then please do not hesitate to contact me on the details given below. If we were able to narrow the scope of your request then this would help to bring it within the limits set. Our current estimate for the costs of complying in time alone and without disbursements is £650. This is based on the standard charge of £25 multiplied by the estimated 26 hours it would take to gather all the information that you have requested.

The Council does have a fully operative complaints system that is accountable. Should you wish to appeal this decision then you may complain to the Council's Monitoring Officer on [email address] or by writing to The Complaints Officer, Derbyshire Dales District Council, Town Hall, Matlock, Derbyshire, DE4 3NN.

Should you still be unsatisfied with the Council's reply following this then you may complain to the Information Commissioner at

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545 745
Fax: 01625 524 510
Email: [email address]

Again, should you require further assistance or wish to discuss your request in order to narrow the scope to bring this within the relevant limits then I will be happy to assist.

Yours Sincerely

Phillip Horsfield
Solicitor,
Derbyshire Dales District Council,
Town Hall
Matlock,
Derbyshire
DE4 3NN
Tel: 01629 761319

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Stuart Hardwicke CARRUTHERS

Dear Horsfield, Phillip,

I mean staff time.. and am aware of the confusion that has been introduced by Council's in relation to executive and administrative.

The information that i am requesting is simply management data that should be readily to hand I consequently find your estimate of time required more than slightly high. could you identify which functions of the Council are not subject to management control - that would be helpful.

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

Horsfield, Phillip, Derbyshire Dales District Council

Dear Mr Carruthers,

I apologise if I made an initial error in your name in my original reply.

I can confirm that all areas of the Council are subject to management control.

Yours sincerely,

Phillip Horsfield
Solicitor,
Derbyshire Dales District Council,
Town Hall
Matlock,
Derbyshire
DE4 3NN
Tel: 01629 761319

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Stuart Hardwicke CARRUTHERS

Dear Horsfield, Phillip,

Overdue FoI response

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Stuart Hardwicke CARRUTHERS left an annotation ()

With ICO

Phillip Horsfield, Derbyshire Dales District Council

Dear Mr Carruthers,

We have been contacted by the Information Commissioner in relation
to your complaint that the Council has failed to make substantial
response to your request for information.

The Commissioner has suggested that the Council "conduct an
internal review, contacting Mr Carruthers again to clarify exactly
what information he is seeking". The Council is of course happy to
follow this suggested course of action.

We would request that in order to allow the internal review to
proceed you provide details of the information that you require.
That is specific identification of the information that you are
seeking. Should you require help or assistance in doing this then
Mr Horsfield will of course be happy to assist you.

The Council’s complaints officer and Monitoring Officer will carry
out the internal review in accordance with the guidance and the
Council’s procedure.

I can confirm that the time limits for the internal review will not
begin until the Council receive your additional clarification.

Should we be able to assist any further in any way then please do
not hesitate to contact Mr Horsfield.

Complements of the season

Yours sincerely

Mr P Horsfield Solicitor, Derbyshire Dales District Council

Stuart Hardwicke CARRUTHERS

Dear Sirs,

You already have a copy of the request. Clarification has been provided.

There are additional issues related to delay and failure to conduct an internal review.

I anticipate that you are generating the required documentation to identify if the Council has a complaints system fit for purpose.

Hopefully, that provides all the clarification required.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Horsfield, Phillip, Derbyshire Dales District Council

Dear Mr Carruthers,

I acknowledge receipt of your e-mail.

I will place all the information we have (including all that contained at http://www.whatdotheyknow.com/request/co...) before the Council's Monitoring Officer along with a request that the issues of delay and failure to conduct an internal review are addressed in the internal review.

I would ask that you confirm that there are no other issues that you wish the review to consider and that you confirm that there is no additional paperwork you would like the internal review to consider.

As always should you require further assistance then we will be happy to help.

Yours sincerely

Phillip Horsfield
Solicitor,
Derbyshire Dales District Council,
Town Hall
Matlock,
Derbyshire
DE4 3NN
Tel: 01629 761319

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Stuart Hardwicke CARRUTHERS

Dear Sirs,

You can also add s16 of FoI to the list.

The information I am seeking as already identified is contained in the request.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

How is your internal review progressing

Yours sincerely,

Stuart Hardwicke CARRUTHERS

booth-jones, beverley, Derbyshire Dales District Council

Thank you for your message. Please note that I am out of the office until Monday 29th June 2009. If your enquiry is urgent please contact Annette Reading on Ext 1286 otherwise I will deal with your e-mail on my return.

Bev Booth-Jones
<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><a href = "www.derbyshiredales.gov.uk">www.derbyshiredales.gov.uk</a></b></font>

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><b>Derbyshire Dales District Council is rated 'Excellent' and 'Performing Well' by the Audit Commission.</b></font>

<font color='#000000' face='Arial, Helvetica, sans-serif' size='1'><b>The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.
This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.
Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.</b></font><hr>
<font color='#000000' face='Arial, Helvetica, sans serif ' size = '2'><b> Do you really need to print out this e-mail? Be<font color='#558d37'> Green<font color='#000000'> - keep it on the screen</b></font>

boden, helen, Derbyshire Dales District Council

Please note I am out of the office until Tuesday 30th June. If you request is urgent please contact Annette Reading.
<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><a href = "www.derbyshiredales.gov.uk">www.derbyshiredales.gov.uk</a></b></font>

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><b>Derbyshire Dales District Council is rated 'Excellent' and 'Performing Well' by the Audit Commission.</b></font>

<font color='#000000' face='Arial, Helvetica, sans-serif' size='1'><b>The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.
This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.
Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.</b></font><hr>
<font color='#000000' face='Arial, Helvetica, sans serif ' size = '2'><b> Do you really need to print out this e-mail? Be<font color='#558d37'> Green<font color='#000000'> - keep it on the screen</b></font>

Reading, Annette, Derbyshire Dales District Council

1 Attachment

Dear Mr Carruthers

Thank you for your email. It was our understanding that our Head of Democratic Services had responded to you on 14th January, copy of email attached, please accept our apologies.

Should you require anything further please do not hesitate to contact me.

Yours sincerely
Annette Reading
Text Processor - Legal
Direct Dial: 01629 761286

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