Recommendation 49 of Nolan committee

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Department for Levelling Up, Housing & Communities

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Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

Recommendation 49 of the Nolan Committee provides that:

49. Sponsor departments should develop clear disciplinary procedures for board members of executive NDPBs and NHS bodies with appropriate penalties for failing to observe codes of conduct.

Please provide copies of any documentation that you hold in relation to development of disciplinary procedures for the Commission for Local Government in England ('CLAE') and the associated penalties for failing to observe the Codes of Conduct it has adopted.

The Local Government Ombudsman service identifies itself as an independent statutory body..

However.. it is understood that the CLAE is a non departmental public body. The Chairman of the CLAE identifies that he was appointed to this position at the same time as he was appointed as an LGO. The Chairman receives about £40,000 a year from the Secretary of State whilst the Deputy Chair receives £1,000. Their appointment and employment as a non-departmental is quite clear.

Yours faithfully,

Stuart Hardwicke Carruthers

Mark Coram, Department for Levelling Up, Housing & Communities

1 Attachment

Please see attached letter in relation to your recent FOI request.

<<090729 carruthers foi rec 49 nolan.doc>>

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Vanita Patel, Department for Levelling Up, Housing & Communities

2 Attachments

Dear Mr Carruthers
Please find attached a response to your FOI request dated 25 July on the
above issue.
I also attach the 'Access to Information Department for Communities and
Local Government Internal Review Procedures' leaflet referred to in the
letter.

<<090807 - F0003253 - Mr Carruthers .doc>> <<061027 DCLG IR
procedures.pdf>>

Regards
Vanita Patel

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Stuart Hardwicke CARRUTHERS

Dear Vanita Patel,

Many thanks for your reply. However, you have not included a copy of the Code of conduct..

recommendation 54 of Nolan clearly states;

54. Executive NDPBs, supported by their sponsor departments, should:

develop their own codes of openness, building on the government code and developing good practice on the lines recommended in this report; [B]

ensure that the public are aware of the provisions of their codes; [B]

sponsor departments should:

encourage executive bodies to follow best practice and improve consistency between similar bodies by working to bring the standards of all up to those of the best; [B]

the Cabinet Office should:

produce and periodically update guidance on good practice for openness in executive NDPBs and NHS bodies. [B]

I have been able to obtain a copy of the Code. However, this was from the Parliamentary Ombudsman.. and there remains no copy on the CLAE Website.

You will also be aware that governance issues of the CLAE have been identified as being deficient by their consultants.. and Audit Committee.. Some information is here:

http://www.amv3.com/forum/viewtopic.php?...

This issue does not appear to be addressed in the Triennial Review that the CLAE wrongly identify that they have produced for DCLG.

There are also significant issues in relation to the CLAE Code of Access to Information..

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Vanita Patel, Department for Levelling Up, Housing & Communities

1 Attachment

Dear Mr Carruthers

My apologies. This is now attached.

You will see my letter acknowledges this document in not on their website, however I believe copies can be obtained by contacting them.

Regards

Vanita

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Stuart Hardwicke CARRUTHERS

Dear Vanita Patel,

I don't think that you have the correct version... attached is an extract from the October 2008 minutes of the CLAE..

Minutes of the meeting of the Commission held at Scarman House, Warwick Conferences, University of Warwick, Coventry CV4 7AL on Thursday 16 October 2008 at 11.00am

Page 9: Ombudsmen
The Commission noted that:

It was due to discuss corporate governance matters at an Awayday that was due to be arranged for later in 2008, and that this would no doubt include consideration of relevant points.

In response to the Staff Side’s point concerning Jerry White’s departure from the Commission in September 2009, the appointment of an LGO rests with the CLG Secretary of State. The Commission AGREED that that it would be inappropriate to make representations as to whether Jerry White’s position should or should not be filled. The Commission would however ask the DCLG to be mindful of the Commission’s very difficult budgetary position when it comes to consider the matter.

The Commission AGREED the draft response, subject to amendments to reflect the discussion which Tony Redmond was authorised to agree on its behalf.

There was no awayday held this is confirmed in writing by the CLAE in response to an FOIR..

I think that you have an unauthorized copy of the CLAE governing document.. The main difference between the 2000 revision (Parliamentary Ombudsman supplied copy) and the 2008 unauthorised version is this:

2000 (authorized version)

Commission members and their staff should conduct all their dealings with the public in an open and responsible way and ensure compliance with the Commission's Code on Access to Information, subject to the provisions of the Local Government Act 1974.

2008 (unauthorized version)

Commission members and their staff should conduct all their dealings with the public in an open and responsible way and ensure compliance with the Commission's Guidance on Public Rights to Information, subject to the provisions of the Local Government Act 1974.

There is a significant difference between a change in the CLAEs code and ultra vires guidance.. I'm sure you will agree.

It clearly identifies that DCLG in the NOLAN recommendations is responsible for dealing with breaches.. can you supply a copy of any documents you hold ? as requested.. or are there no documents in existence ?

Yours sincerely,

Stuart Hardwicke CARRUTHERS