Memorandum of understanding

T Thomas made this Freedom of Information request to Woking Borough Council

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

Woking Borough Council did not have the information requested.

Dear Sir or Madam,

Introduction

As you should be aware your monitoring officer is statutory obliged to bring to the attention of your council every instance in which they break the law.

There is a failure on the monitoring officers part to record and report the number of times the council has failed to meet the statutory 20 day deadline for responding to Freedom of Information requests.

http://www.whatdotheyknow.com/request/fr...

It is doubtful that the monitoring officer would operate in such a cavalier fashion without written authority, therefore,

Freedom of Information request,

Please supply a copy of the memorandum of understanding between the council and the monitoring officer that allows the monitoring officer to ignore their statutory duty and keep the council in the dark as to the number of times they break the law.

Yours faithfully,

T Thomas

Comments, Woking Borough Council

Thank you for your e-mail message.

A member of the team will respond to you as quickly as possible. In the meantime, if you would like to speak to someone, please call our main switchboard on 01483 755855. Please also be aware that a wide range of information about the Council and its services is available on our website www.woking.gov.uk.

Comments, Woking Borough Council

Thank you for your email which has been forwarded to the appropriate person for a response.




regards





Annette Griffin
Customer Services Officer
Local Services

Telephone Number:01483 755855
Fax Number:
WEB: www.woking.gov.uk

________________________________

From: T Thomas [mailto:[FOI #7936 email]]
Sent: Wed 11/02/2009 00:18
To: Comments
Subject: Freedom of Information request - Memorandum of understanding

Dear Sir or Madam,

Introduction

As you should be aware your monitoring officer is statutory obliged
to bring to the attention of your council every instance in which
they break the law.

There is a failure on the monitoring officers part to record and
report the number of times the council has failed to meet the
statutory 20 day deadline for responding to Freedom of Information
requests.

http://www.whatdotheyknow.com/request/fr...

It is doubtful that the monitoring officer would operate in such a
cavalier fashion without written authority, therefore,

Freedom of Information request,

Please supply a copy of the memorandum of understanding between the
council and the monitoring officer that allows the monitoring
officer to ignore their statutory duty and keep the council in the
dark as to the number of times they break the law.

Yours faithfully,

T Thomas

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Peter Bryant, Woking Borough Council

Dear Mr Thomas,

Thank you for your e-mail.

The Council does not hold the information requested (as the memorandum you
refer to does not exist).

The assumption upon which your request seems to be based is incorrect.

I hope that you are satisfied with the way in which your request for
information has been dealt with. If not, the Council has decided that any
complaint regarding requests for information that cannot be dealt with
satisfactorily on an informal basis should be dealt with in accordance
with its established complaints procedure. Details of our complaints
procedure may be found at:
[1]http://www.woking.gov.uk/council/about/c... .
Alternatively, I can forward you a paper copy of a leaflet giving details.
I am also happy to discuss any queries that you may have regarding how we
have dealt with your request for information. In addition, you may apply
to the Information Commissioner for a decision whether your request for
information has been dealt with in accordance with the requirements of the
Act (although I understand that the Information Commissioner may decline
to become involved if you have not first exhausted the Council's
complaints procedure). The Information Commissioner may be contacted at
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF; tel. 01625
545745; fax. 01625 524510; e-mail. [2][email address]

Regards,

Peter Bryant

Head of Legal Services

Woking Borough Council

References

Visible links
1. http://www.woking.gov.uk/council/about/c...
http://www.woking.gov.uk/council/about/c...
2. mailto:[email address]
mailto:[email address]

T Thomas left an annotation ()

Peter Bryant, Head of Legal Services, Woking Borough Council does not think it important to record the number of times his council breaks the law regarding FOI requests.

http://www.whatdotheyknow.com/request/fr...

Dear Peter Bryant,

Woking Council Constitution

10.03 Statutory Functions of the Monitoring Officer

(b) Ensuring lawfulness and fairness of decision making. After consulting with the Head of Paid Service and Chief Finance Officer, the Monitoring Officer will report to the Full Council or to the Executive in relation to an executive function if he or she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to mal-administration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

Every time the FOI officer decides not to acknowledge a Freedom of Information request with the 20 day statutory limit they are making a conscious decision to break the law. Why is the monitoring officer not bringing this to the attention of the council?

Yours sincerely,

T Thomas