Dear Local Government Ombudsmen,

Fareham Borough Council - Ref: 16 014 707 (31 Jan 2017)

http://www.lgo.org.uk/decisions/benefits...

Paragraph 11 of the report states:

"If the debtor is vulnerable the enforcement fee is not recoverable until the bailiff has, before taking goods into control, allowed the debtor an adequate opportunity to get assistance and advice. (Tribunals Court and Enforcement Act 2007, Schedule 12, paragraph 2 and Taking Control of Goods (Fees) Regulations 2014 paragraph 12)"

Please can you provide the relevant amendment of the Taking Control of Goods (Fees) Regulations 2014. I assume there is one because the the statutory instrument as enacted provides as follows (paragraph 12):

"Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage...are not recoverable unless the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power."

http://www.legislation.gov.uk/uksi/2014/...

Yours faithfully,

Rod Simons

Foi Officer, The Local Government and Social Care Ombudsman

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Dear Foi Officer,

Please respond to this request. By law, Local Government Ombudsmen should have responded by 5 June 2017.

Yours sincerely,

Rod Simons

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

2 Attachments

Dear Mr Simons

I attach a letter in response to this request.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

Dear Foi Officer,

Thank you for your response. The issue does not concern so much the quote but the interpretation.

Please see; "before taking goods into control" Vs. "before proceeding to remove goods"

Yours sincerely,

Rod Simons

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Dear Foi Officer,

Have you an update please?

Yours sincerely,

Rod Simons

Foi Officer, The Local Government and Social Care Ombudsman

1 Attachment

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

[cid:image001.jpg@01D3111E.3F7B69A0]

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

1 Attachment

Dear Mr Simons

What are you expecting an update on? I sent a response to your request on 6 June. Copy attached.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government and Social Care Ombudsman's office |
www.lgo.org.uk |

Dear Foi Officer,

I consider it reasonable that the LGO review its response because clearly it was provided based on an incorrect assumption.

The response was as follows:

"You ask for the relevant amendment of the Taking Control of Goods (Fees) Regulations 2014 because you [seem] to be suggesting the wording in our decision 16 014 707 paragraph 11 is not the same as the paragraph of the regulations we refer to.

The wording is not the same because it is not a direct quote. As you have quoted yourself, there are two references at the end of that paragraph – the regulations you refer to and the Tribunals Court and Enforcement Act 2007. The author of our decision was giving a source for the information, not a direct quote – which would have been in quotation marks."

I stated in response that the issue did not surround a quote of the provision, rather it was the meaning (different) that was important.

Yours sincerely,

Rod Simons

Foi Officer, The Local Government and Social Care Ombudsman

1 Attachment

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

[cid:image001.jpg@01D3111E.3F7B69A0]

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

1 Attachment

Dear Mr Simons

Please see attached letter.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government and Social Care Ombudsman's office |
www.lgo.org.uk |

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