Sunday, September 06, 2009

LGO have been breaking the law since April 2008

On the 1st April 2008 the Local Government and Public Involvement in Health Act 2007 came into force. Part 9 of the Act concerns the Local Government Ombudsman.

Section 175
(1C) If a Local Commissioner decides—
(a) not to investigate a matter, or
(b) to discontinue an investigation of a matter,
he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
The Ombudsman's power to issue a statement of reasons on a complaint was brought in by the Local Government and Public Involvement in Health Act 2007, which came into force on 1 April 2008. However, the Ombudsmen decided not to exercise that power from that date, and this new provision has yet to be implemented. So no statements of reasons have yet been produced; the information you request is not held.

However, the Act gives the Local Government Ombudsman no discretion over whether to issue a statement of their reason under the following conditions, If they decide

(a) not to investigate a matter, or
(b) to discontinue an investigation of a matter,
The Act clearly places a mandatory obligation on Local Government Ombudsmen to produce a statement of their reasons,

he
shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.

In their response to the Freedom of Information request the Local Government Ombudsman openly admit they have not produced any statements of reasons since the Act became law which means the Local Government Ombudsman has been breaking the law since the 1st April 2008.


I wonder how many other laws has the Local Government Ombudsman decided to ignore since 1974?

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