Fraud Response Plans

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Dear North Lanarkshire Council,

I am a current PhD student researching fraudulent misconducts involving employees within Scottish local authorities since the introduction of the Bribery Act 2010. My area of interest relates to departments involved in the construction of new buildings, and in the repairs & maintenance of existing properties within your local authority.
I therefore would be most grateful if you would provide me with the following information to the questions listed below.
Many thanks in advance.

S.Lee

1) Does your fraud response plan specifically address the fraud risks that apply to the departments dealing with the construction of new buildings and in the repairs & maintenance of existing properties, or has your council adopted a uniform anti-fraud and corruption policy across all departments of the council? Please would you provide a copy of your policy ?

2) Do you have a clear unambiguous policy in relation to conflict of interest and gifts and hospitality, and if so, please would you provide a copy?

3) How many allegations of fraud involving an employee has your authority received in the following periods, and how many were found to be substantiated?

2011
2012
2013
2014
2015
2016
2017
2018

Keachie Jacqueline, North Lanarkshire Council

Dear Mr Lee

I acknowledge receipt of your email which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours sincerely

Jacqueline Keachie
for Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Motherwell
ML1 1AB
01698 302232

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Keachie Jacqueline, North Lanarkshire Council

1 Attachment

Dear Mr. Lee,

I refer again to your e mail dated 6 February 2019 seeking information in relation to fraud.

Having investigated, my response to your questions 1 3 is as follows:-

(1) North Lanarkshire Council has a single policy – “Corporate Anti-Fraud Policy and Fraud Response Plan”, which is already in the public domain on Section 25 of the Freedom of Information (Scotland) Act 2002 provides an absolute exemption for information which is already accessible.

In order to assist you, this information can be accessed on the Council’s website at www.northlanarkshire.gov.uk under MARS (Minutes, Agendas and Report System). For ease of reference the direct link is as follows:-

https://mars.northlanarkshire.gov.uk/ege...

(2) Yes. Please find attached a copy of North Lanarkshire Council’s “Procedures for Council Employees to Deal with Offers of Gifts and Hospitality – June 2016”. North Lanarkshire Council’s Code of Conduct is already in the public domain and is excluded as detailed above. For ease of reference the direct link is as follows:-

https://mars.northlanarkshire.gov.uk/ege...

(3) I can advise that there is no dataset for the information requested and in terms of Section 17 of the Freedom of Information (Scotland) Act 2002, I must advise you of this.

I can advise that North Lanarkshire Council, having regard to the provisions of Section 21 of the Freedom of Information (Scotland) Act 2002, has established a procedure whereby any person who has requested information and is in any way dissatisfied with the decision on that request, can within forty working days require a review of that decision by writing to the Head of Legal and Democratic Solutions, Civic Centre, Windmillhill Street, Motherwell ML1 1AB. Accordingly, if you are dissatisfied with this decision and seek such review please write to the Head of Legal and Democratic Solutions.

I would advise, also, that in terms of Section 47 of the Act a person who is dissatisfied with a notice given by the local authority under Section 21 of the Act - ie. a notice following a review of a decision by a local authority, or by the failure of a local authority to give such a notice - may make application to the Scottish Information Commissioner for a decision as to whether, in any respect specified in that application, the request for information to which the requirement relates has been dealt with in accordance with the Act. Such an application must be made within six months of the review decision and be in writing or in another form which, by reason of it having some permanency is capable of being used for subsequent reference. The application must state the name of the applicant, and provide an address for correspondence. The application must also specify the request for information to which the requirement for review relates, the matter which gave rise to the applicant’s dissatisfaction with the original decision of the local authority and the matter which gives rise to the applicant’s dissatisfaction with the decision on review by the local authority or the failure of the local authority to issue such a decision. The Scottish Information Commissioner can be contacted as follows:-

Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrews
KY16 9DS
email: [email address]

Appeals to the Scottish Information Commissioner can also be made online via the following link: -

www.itspublicknowledge.info/Appeal

I hope this information is sufficient for your purpose. If, however, you require further information – or I can assist in any other way – please let me know.

Yours sincerely

Jacqueline Keachie
for Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Motherwell
ML1 1AB
01698 302232

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