Monitoring Officer reports

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to South Kesteven District Council

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

The request was partially successful.

Stuart Hardwicke CARRUTHERS

Dear sir or madam

I would appreciate copies of all monitoring officer reports issued
by the Sefton Council following admission and or agreement by
the Sefton Council that they had committed maladministration
causing injustice, as evidenced through an local settlement agreed
with the Local Government Ombudsman, as well as any monitoring
officer report produced following a formal finding by the Local
Government Ombudsman for the last six years.

If a monitoring officer report has not been produced, I should
appreciate clarification if the Council rejected both the
Ombudsman's findings and their recommendations in relation to each
local settlement agreed, and copies of all associated documentation
for the last six years.

Yours faithfully

Stuart Hardwicke Carruthers

Stuart Hardwicke CARRUTHERS

Correct text

Dear Sir or Madam,

I would appreciate copies of all monitoring officer reports issued
by the South Kesteven Council following admission and or agreement by theSouth Kesteven Council that they had committed maladministration causing injustice, as evidenced through an local settlement agreed with the Local Government Ombudsman, as well as any monitoring officer report produced following a formal finding by the Local Government Ombudsman for the last six years.

If a monitoring officer report has not been produced, I should
appreciate clarification if the Council rejected both the
Ombudsman's findings and their recommendations in relation to each
local settlement agreed, and copies of all associated documentation
for the last six years.

Yours sincerely,

Stuart Hardwicke Carruthers

PS. Sefton have been asked a similar question as they appear to have managed to lose about all their records, including a formal finding of MI this year.. it remains to be seen if they believe their complaints systems are fit for purpose.

CLARE RICHARDSON, South Kesteven District Council

1 Attachment

Please find attached the Monitoring Officer's response in connection with
your FOI request

<<REPSPONSE TO MR CARRUTHERS 05.09.08.doc>>

Clare Richardson

Legal Services

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Stuart Hardwicke CARRUTHERS

Dear CLARE RICHARDSON,

In my request for information I made no reference to a need for an
Local Government Ombudsman Decision against South Kestevan
District Council. My request relates entirely to the duties of the
Monitoring Officer under the Local Government and Housing Act, 1989
and a need for them to produce a report.

It states in the annual letters from the LGO in relation to a
number of local settlements that the South Kestevan has
admitted fault, has provided compensation, changed procedures and
apologised. Further it is identified that the South Kestevan
District Council has contravened FoI in responding to the LGO in
the LGO's annual letters. The LGO has also identified that a number
of complaints fall outside of their jurisdiction.

Your reply fails to answer the questions asked. The Council have
identified and agreed with the LGO that a monitoring officer report
should be produced. This is clearly identified when the relevant
sections of the Local Government and Housing Act are placed next to
the LGO's annual letter to the Council.

The records must exist othewise the Council would have not been
able to reach any agreement with the LGO, and would have disputed
their annual letters.

Please provide the answers and/or any delegation given to the
Council's monitoring officer that they can ignore their duties.

If the Council has identified that the monitoring officer can
ignore their duties records relating to a number of decisions by
different Council's as identified by s2 of the Local Government Act
1972 should be available. I would also point out to the current monitoring officer that the position is a function (not a person)

Please additionally identify the monitoring officers employed by the Council's for the last six years, and if they are a solicitor.

Internal review is requested.

Yours sincerely,

Stuart Hardwicke Carruthers

Stuart Hardwicke CARRUTHERS left an annotation ()

Internal review requested

CLARE RICHARDSON, South Kesteven District Council

Dear Mr Carruthers

I will refer your e-mail to the Council's Monitoring Officer to read and
respond.

Clare Richardson
Legal Administrator

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CLARE RICHARDSON, South Kesteven District Council

Further to Mr Carruthers FOI request and our response below please could
you look at Mr Carruther's latest e-mail of today and respond
accordingly - thanks Clare

"I would appreciate copies of all monitoring officer reports issued by
the South Kesteven Council following admission and or agreement by the
South Kesteven Council that they had committed maladministration causing
injustice, as evidenced through an local settlement agreed with the
Local Government Ombudsman for the last six years.

If a monitoring officer report has not been produced, I should
appreciate clarification if the Council rejected both the Ombudsman's
findings and their recommendations in relation to each local settlement
agreed, and copies of all associated documentation for the last six
years."

Response:

There are no Monitoring Officer reports produced and no rejection of
Ombudsman's findings by the current Monitoring Officer.

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LUCY YOULES, South Kesteven District Council

2 Attachments

Dear Mr Carruthers

For your attention, I attach a response to your further e-mail relating to
the above

<<LETTER 30.9.08.pdf>> <<REPORT to portfolio holder.doc>>

LUCY YOULES

Legal Services Manager

(Monitoring Officer)

South Kesteven District Council

Direct Line: 01476 406105

email: [email address]

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