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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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