sharing evidence that the LGO has used to make a decsion

The request was partially successful.

Sylvia Rushbrooke

Dear Local Government Ombudsmen,

Please can you send me the current documentation on the LGO investigation process.
and documentation of elevation of a complaint

Please can you tell me why the LGO refuses to share evidence it says it has received from an LA that led it to decisions made not to find fault of an LA complained of?

Please can you tell me if the LGO in its decisions must comply with and refer to such Acts and LA policies that are being complained of as being ignored or abused and service user being abused under such policies and Acts as part of the complaint to the LGO ie MCA 2005 NHS legal rights under the constitution, LA safeguarding policy and absolute right of human dignitary

Yours faithfully,

Sylvia Rushbrooke

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

Dear Ms Rushbrooke

All our internal complaint investigation manuals are available on our website at http://www.lgo.org.uk/information-centre....

I cannot explain why we have refused to share information obtained through the course of an investigation with you. You would have to ask the investigator dealing with your complaint.

What our investigators are required to do when investigating complaints is set out in the manuals referred to above.

Yours sincerely

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

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Sylvia Rushbrooke

Dear Foi Officer,
Thank you for the signposting info but cannot find the answers to below

Please can you tell if me the LGO can refuse to share evidence it says it has received from an LA that led it to decisions made not to find fault of an LA complained of?
As without that evidence no one making a complaint to the LGO has any proof that anything exists that supports an LGO decision or what is was based on or how they have complied with the MCA 2005 and NHS legal rights or human rights in its deliberations

Please can you tell me if the LGO in its decisions must comply with and refer to such Acts and LA policies that are being complained of as being ignored or abused and service user being abused under such policies and Acts as part of the complaint to the LGO ie MCA 2005 NHS legal rights under the constitution, LA safeguarding policy and absolute right of human dignitary

Yours sincerely,

Sylvia Rushbrooke

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

Dear Ms Rushbrooke

In response to your first question below, under the Local Government Act 1974 (section 32(2) or 34(K)(1)), the Ombudsman is not permitted to disclose any information obtained in the course of, or for the purposes of, the investigation of a complaint, unless she considers it is necessary for the purposes of the investigation (or for other very limited reasons mostly related to legal proceedings).

So the Ombudsman only shares information when she considers this necessary for the purposes of the investigation. So, yes, the Ombudsman can refuse to share evidence.

I don't understand your second question. In what way would the Ombudsman need to comply with a local authority's policy?

Yours sincerely

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

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Sylvia Rushbrooke

Dear Foi Officer,
Many thanks
I understand the answer to be the complainant has no proof evidence has been received by the LGO that brought them to the decision made - fault or not - as it can be witheld - without proof of evidence shared with the complainer - this could be seen as irrational and not objective decisions not based on any proven facts or evidence

Second part
I am trying to ascertain the accuracy of the following; The LGO must have regard to Acts rights etc inc MCA 2005 in its deliberations - is this statement correct or not ?
complied with or not in its deliberations?

Yours sincerely,

Sylvia Rushbrooke

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

Dear Ms Rushbrooke

The law that governs the activities of the Local Government Ombudsman is the Local Government Act 1974, as amended.

Yours sincerely

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

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Sylvia Rushbrooke

Dear Foi Officer,
Thank you
I do not understand the response in relation to my questions as follows;
I am trying to ascertain the accuracy of the following; The LGO must have regard to Acts rights etc inc MCA 2005 in its deliberations - is this statement correct or not ?
complied with or not in its deliberations?

Yours sincerely,

Sylvia Rushbrooke

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

Dear Ms Rushbrooke

As I said in response to your request the first time, I don't understand the question. The Ombudsman investigates complaints about local authorities and certain other bodies. We will 'have regard to' Acts of Parliament and the way in which the body we are investigating has complied with those Acts, as necessary. I do not know what else it is you are after.

Yours sincerely

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

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Sylvia Rushbrooke

Dear Foi Officer,
Re Complaints made to the LGO re authorities ignoring service users rights under MCA 2005 and other relevant acts and non compliance of those Acts that amount to abuse

On deliberating the above to find fault or not must the LGO ensure that compliance of the relevant Acts are evidenced by the authority complained of before coming to a decision ?
If the authority cannot evidence compliance of such Acts as the MCA 2005 as is obliged by the Act itself then how does the LGO make any deliberation with no such evidence?

If the LGO refuse to share evidence with complainants that their decision is based on - what proof does the complainant have that any decision was based on any evidence?

Yours sincerely,

Sylvia Rushbrooke

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

Dear Ms Rushbrooke

I have already directed you to the Act that governs how the LGO operates, and to our staff guidance on complaints investigation. Investigators have to come to a view on whether there has been maladministration by the authority in question or not. What evidence they need to determine that is a matter for them. There is no other recorded information I can direct you to on this matter.

On your last point, it is not always possible to share all the evidence we base our decisions on because the information is confidential.

Yours sincerely

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

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Sylvia Rushbrooke

Dear Foi Officer,
Thank you for your response it seems that LAs that ignore the MCA 2005 do not have to evidence compliance when responding to complaints of none compliance to the LGO

It seems the LGO has no regard for lack of evidence to support compliance of the MCA 2005 when making such deliberations and ignores the MCA 2005 or has little knowledge of it and least restrictive practice under best interest

Yours sincerely,

Sylvia Rushbrooke

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 Local Government Ombudsmen,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Local Government Ombudsmen's handling of my FOI request 'sharing evidence that the LGO has used to make a decsion'.

When the LGO come to a decision referring to evidence received - surely if the evidence contains information about the complanee then they are they not entitled to see that evidence?
In any case such decisions that rely on evidence in order to verify Acts have been complied with by the complainee why is the comnlainee not entitled to accesses they are named in with other names redacted to comply with data access for the complainee and protection for any other third party

Results of LGO cases that do not verify or validate Acts have been complied with in their deliberations or show that they have also complied with relevant Acts with legal frameworks - leaves open the decision to subjectivity not non compliance by an authority to certain Acts
How is it possible that legal Acts are ignored when making LGO decisions

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Sylvia Rushbrooke

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 Appeals, The Local Government and Social Care Ombudsman

Dear Ms Rushbrooke

This is to acknowledge receipt of your request for a review of how your information request was handled, received on 23 September. Your request has been passed to the Executive Director for consideration.

We will aim to respond within 20 working days, which would be by 21 October 2016. If we are unable to do so, we will get in touch again to explain why.

Yours sincerely

Miss S Smith

Team Coordinator, Policy and Communications

[email address] I www.lgo.org.uk

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