My Letter to the Information Commissioner, 1st July 2008
Freedom of Information Complaint against the Local Government Ombudsman
Dear Sir,
On 13 March 2008 I wrote a letter (Enclosure 1) to the Local Government Ombudsman (LGO) in response to provisional findings he had made against a complaint I had made to him against Portsmouth City Council (PCC). Within this letter (Annex B) was a Freedom of Information request. I made this request as it was obvious from the LGO's provisional findings that a blatant cover up was taking place about serious matters, including Perjury in a prior investigation, by a previous Chief Executive PCC, which I had been able to prove through the Freedom of Information (FOI) Act.
I received a reply (Enclosure 2) stating that my 'FOI request was not being treated as such as the matters would be addressed when the Ombudsman writes to you again.' I knew through previous experience with the LGO that this would not happen, therefore I responded immediately with an email (Enclosure 3). In this email I pointed out that as Perjury had been alleged as part of my complaint to the LGO; the LGO had no immunity under the FOI Act and that I expected a full response to my FOI request within twenty (20) working days.
I sent a further email (Enclosure 4) amplifying my email at (Enclosure 3).
I did not receive a reply to my FOI request within twenty (20) days nor have I to date.
On 23 April 2008, I received the final report from the LGO as stated in paragraph 2 above; this did not cover the items in my FOI request (Enclosure 1 Annex B).
I then sent a further email FOI request (Enclosure 5).
I received a reply to that FOI request (Enclosure 6) stating my requests for explanations ‘are requests that we can or should supply under the FOI Act.'
I then forwarded a further email (Enclosure 7 where I pointed out to the LGO that he was now in breach of the Law with the relevant references from the FOI Act.
I received a dismissive reply (Enclosure 8).
I then replied (Enclosure 9) to which I have had no reply.
I should point out that:
1. On his website the LGO states ‘We always explain the reasons for our decisions fully.' In this case he clearly has not, hence the FOI request both for information and documents.
2. Perjury has been alleged and proven; therefore the LGO has no FOI immunity under sections 32 and 44 of the 1974 Local Government Act.
3. He is in breach of the FOI Act by not providing me with the information within twenty (20) working days.
4. He has failed to provide me with details in his refusal of his internal review procedure.
5. He has failed to carry out an internal review.
6. He has not complied with FOI Act 17(1)(c).
I thank you for your attention.
Yours faithfully,
Keith Edmunds
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