Triannual review

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

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

Department for Levelling Up, Housing & Communities did not have the information requested.

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

In response to an Freedom of Information request the chair of the Commission for Local Administration in England identifies that the Secretary of State and their Department identified to them that they had no need to observe statute:

http://www.whatdotheyknow.com/request/20...

Please provide a copy of the written authorisation and/or the associated file note authorising the LGO to not observe statute and any associated documentation.

The Secretary of State and their department was aware that there was considerable consumer concern at the performance of the LGO, rejection of LGO reports and recommendations by Council's, and acts of perversity by Council's (and their Chief Executives). The secretary of state and their department will have further been aware that the Office of the Commissioner for Public Appointments would have identified that appointment of another former CEO of a Council to a position of LGO was unwise.

The Secretary of State by not requiring these issues to be reported in the triannnual review, and consulted on with consumers failed to ensure that they were aware of the actual situation with the LGO's.

Yours faithfully,

Stuart Hardwicke CARRUTHERS

Vanita Patel, Department for Levelling Up, Housing & Communities

2 Attachments

Dear Mr Carruthers
Please find attached a response to your FOI request dated 27 October,
below. I apologise for the delay in replying.
I also attach the 'Access to Information Department for Communities and
Local Government Internal Review Procedures' leaflet referred to in the
letter.

<<FOI 0002798 - Carruthers doc.doc>> <<061027 DCLG IR procedures.pdf>>

Regards
Vanita Patel
Local Governance
Department for Communities & Local Government

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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

3 Attachments

Dear Mr Carruthers

Please find a response to your FOI request of 18 December requesting
information providing evidence of any authorisation from a Minister in
Communities and Local Government to any post-holder in the Local
Government Ombudsman which allows the holder of that post to act as a
"qualified person" for the purposes of section 36 of the Freedom of
Information Act 2000.

I apologise for the lengthy delay in replying to your request.

<<090626 - F0002798 .doc>> <<090618 LGO FOI S36 Letter.tif>>
<<061027 DCLG IR procedures.pdf>>

Regards

Vanita Patel

Communities and Local Government

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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,

I am very confused. I have just received a reply to another request to DCLG on about the same question - and they identify that the Ombudsmen and their Deputies are authorised. This follows correspondence with the Ministry of Justice (successor to Dept of Constitutional Affairs).

'In considering these issues I have reviewed correspondence between internal CLG colleagues, Ministry of Justice (MOJ) and discussed a history of events with colleagues involved in this case. Having assessed this information it is clear that the bulk of the delay in responding to your request was largely owing to a) establishing clarity about whether an email from the then ODPM Minister constituted a decision of authorisation b) agreeing the revised policy with MOJ regarding the number of qualified persons and the application of Section 36. Additional complexities included a change in MOJ policy from 2004 and a business case from the Local Government Ombudsman (LGO) to increase the number of qualified persons i.e. all commissioners and their deputies.'

The information is here;

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

Could you identify which part of DCLG's understanding is correct?

Yours sincerely,

Stuart Hardwicke CARRUTHERS

Vanita Patel, Department for Levelling Up, Housing & Communities

I am out of the office until Monday 13 July.

If you require an urgent response please email
[email address]. Your email will be dealt with on my
return.

Thanks

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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,

I think I understand what has happened you replied to the wrong FOI request. The request that this was concerned about was the failure of the CLAE to produce a 2006 Triennial Review. It would appear that they have also failed to produce a 2009 review as required by s23(12) of the Local Government Act 1974.

This request actually relates to permission being granted by the Minister to the CLAE to break statute and not produce a 2006 and 2009 Triennial Review.

There appear to have been a very large number of breaches of the CLAE's governing documents by the Ombudsmen.. so I would anticipate that these issues are covered in the 2009 triennial review.. this includes a Crinkley Bottom in Lancaster.. it is all quite nicely reported in the CLAE minutes.

Could you provide the information requested... and/or any documentation that you hold related to the CLAE's decision to breach statute and not produce a 2006 and 2009 triennial review.
Yours sincerely,

Stuart Hardwicke CARRUTHERS

Stuart Hardwicke CARRUTHERS

Dear Sir or Madam,

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

I am writing to request an internal review of Department for Communities and Local Government's handling of my FOI request 'Triannual review'.

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

Yours faithfully,

Stuart Hardwicke CARRUTHERS

CLG-FOIAdvice, Department for Levelling Up, Housing & Communities

Dear Mr Carruthers

We are having difficulty in allocating your request for an Internal Review
and would be grateful if you could please provide us with the F000....
Reference number to which this relates, or alternatively a copy of your
original Freedom of Information request and any subsequent response(s).
Having looked on your area on the website, link below, this has not
provided the assistance we require.

Many thanks.

FOI Advice Team
Knowledge Management Division
Zone 2/A3, Eland House

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Stuart Hardwicke CARRUTHERS

Dear CLG-FOIAdvice,

F0002798
http://www.whatdotheyknow.com/request/tr...

Sir / madam

The original request and FOO number is above. I received a letter from DCLG dated 18 December 2008 identifying that there was no documentation held granting permission to the CLAE to breach statute and not produce a 2006 triennial review as required by the Local Government Act 1974.

As the DCLG subsequently oversaw the presentation of the Public Involvement in Health Act 2007, and this included substantial changes to the Local Government Act 1974 the response is not believed. The changes to the legislation governing the work of the CLAE and LGO were introduced without consultation, and failed to take account of failures with the service. This was extensively identified through a MORI survey commissioned by the CLAE. There has additionally been changes to documents made supplied to the Audit Commission by the CLAE to downplay levels of wrong doing by Councils, and there appear to have been substantial failures by s151 Officers of Council's to disclose to District Auditors as required by the CIPFA Code of Conduct failures of Council's to take any notice of Ombudsman recommendations. Needless to say the Chief Executive of the CLAE is also a Council Member of CIPFA.

The only way in which CLG should have been able to make any proposals for the changes introduced introduced in the Public Involvement in Health Act was through reference to the 2006 triennial review the CLAE is required to produce under statute.

There are issues with the FOO numbers as the CLG have been responding to different ones

Yours sincerely,

Stuart Hardwicke CARRUTHERS

CLG-FOIAdvice, Department for Levelling Up, Housing & Communities

Dear Mr Carruthers

Thank you for your reply below.

Our records show that the final response to F0002798 was sent on 26 June 2009. As stated in this letter internal review requests must be received within two calendar months of the date of that letter. If you are not satisfied with this outcome you may wish to apply to the Information Commissioner. The Information Commissioner can be contacted at:

Office of the Information Commissioner,
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone : 01625 545 700
Email : [email address]

FOI Advice Team
Knowledge Management Division
Zone 4/D10, Ashdown House, Victoria

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