Dear Mr Nunn

Freedom of Information Act 2000 - Request for Information

Thank you for your recent enquiry for information held by the Council under
the provisions of the Freedom of Information Act 2000. We acknowledge
receipt of your request dated 9th October 2009 which was received in our
office and we will be touch with you again in due course.

In some circumstances a fee may be payable and if that is the case, we will
let you know. A fees notice will be issued to you and you will be required
to pay before we will proceed to deal with your request.

If you require any further information or are not happy with our response
please do not hesitate to contact a member of our team on 0121 303 4876.

Yours sincerely

Corporate Information Governance Team

Data Protection Act 1998
The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Birmingham City Council
received your request. Any personal data that you provide to Birmingham
City Council will be held in line with the requirements set out within the
Data Protection Act 1998.
Re Use of Public Sector Information
Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use.

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Dear Mr Nunn

REQUEST FOR INFORMATION - FREEDOM OF INFORMATION ACT 2000

I am writing further to your email dated 9th October 2009 for information
requested under the Freedom of Information Act 2000. Please find our
responses below:

Question 1
How many Local Government Act Part III Section 32(3) notices has your
council served on a Local Government Ombudsman.

Response
We do not record this information.

No question 2

Question 3
How many times has the Ombudsman concerned found the council guilty of
maladministration for misusing a Section 32(3) notice.

Response
The Local Government Ombudsman has not found maladministration against
Birmingham City Council for mis-use of S32 (3) LGA 1974 in the last five
years.

If you are not satisfied with the response you may ask for an internal
review. If subsequently you are not satisfied with the Council’s decision
you may apply to the Information Commissioner for a decision. Generally,
the ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council. The Information Commissioner can be
contacted at the following address:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545745
Web Address: www.ico.gov.uk

Yours sincerely

Corporate Information Governance Team

Re use of Public Sector Information
The information provided is subject to Birmingham City Council copyright,
however, it may be re-used for personal, educational or non-commercial
purposes without further reference to the City Council. If the re-use is
for other purposes, such as commercial re-use, you should notify the City
Council in writing to seek approval or agree terms for re-use. Where
Birmingham City Council does not hold the copyright, it has indicated the
copyright holder. Permission for re-use should be sought from them
directly.

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Dear Mr Nunn

Thank you for your emails dated 16 and 19 October.

Your email dated 16 October was forwarded to our officer for further
information and we hope to provide you with a response as soon as
possible. You may wish to consider making a request for review after you
have received this clarity.

With kind regards
Savita Summan

Trevor R Nunn To FOI requests at Birmingham City
<[FOI #20125 email]> Council
<[Birmingham City Council request email]>
19/10/2009 20:21 cc
Subject Internal review of Freedom of
Information request - LG Act
1974 Part III Section 32(3)
notices

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 Birmingham City
Council's handling of my FOI request 'LG Act 1974 Part III Section
32(3) notices'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:

[1]http://www.whatdotheyknow.com/request/lg...

Yours faithfully,

Trevor R Nunn

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Dear Mr Nunn

With reference to your email dated 16 October, please see attached our
response.

With kind regards
Corporate Information Governance Team

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Dear Mr Nunn

Thank you for your email of 4 November, this was forwarded to the relevant
department. We have been advised that all the information relating to
your Freedom of Information request has been provided to you. This
therefore concludes this request on our part.
If you are not satisfied with the response you may ask for an internal
review. If subsequently you are not satisfied with the Council***s
decision you may apply to the Information Commissioner for a decision.
Generally, the ICO cannot make a decision unless you have exhausted the
complaints procedure provided by the Council. The Information Commissioner
can be contacted at the following address:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545745
Web Address: [1]www.ico.gov.uk

With kind regards
Corporate Information Governance Team

Trevor R Nunn To [email address]
<[FOI #20125 email]> cc
Subject Re: Freedom of Information
04/11/2009 18:02 request - LG Act 1974 Part
III Section 32(3) notices

Dear Sir or Madam,

Are you publicly admitting that your legal department issue
statutory notices without keeping any records?

In addition your monitoring officer is statutorily and
constitutional obliged to report all maladministration to the
council, therefore they will have a record as far as the second
part of my request is concerned.

Yours faithfully,

Trevor R Nunn

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Dear Mr Nunn

Thank you for your email. We will carry out an internal review and get
back to you.

With kind regards
Corporate Information Governance Team

Trevor R Nunn To [email address]
<[FOI #20125 email]> cc
Subject Re: Freedom of Information
18/11/2009 12:03 request - LG Act 1974 Part
III Section 32(3) notices

Dear Sir or Madam,

Dear Sir or Madam,

Thank you for your response advising me that I could submit a
request for an internal review if I wished. I did so on the 19th
October 2009 and I am still waiting for that review to take place
not further excuses as to why you don't want to give me the
information. For your information you acknowledged receipt of my
request for an internal review on the 21st October 2009.

Yours faithfully,

Trevor R Nunn

Yours faithfully,

Trevor R Nunn

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Dear Mr Trevor Nunn

Further to your request for an internal review of your FOI 3432, please
see the attached letter.

With kind regards
Corporate Information Governance Team

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