Spotlight on South Lanarkshire
As regular readers might have expected - my FOI review request to South Lanarkshire Council failed to elicit a full and candid response - see post dated 29 October 2010.
So, I've submitted an appeal to the Scottish Information Commissioner - Kevin Dunion - here's what the appeal letter says.
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
Fife
KY16 9DS
Dear Mr Dunion
South Lanarkshire Council (SLC) – FOISA request
I enclose an exchange of correspondence with South Lanarkshire Council (SLC) regarding a FOISA enquiry which I initiated on 23 August 2010. I asked South Lanarkshire Council to review its initial decision, but I am dissatisfied with their response and would like to register the following appeal to the Scottish Information Commissioner (SIC).
1. South Lanarkshire Council appears to have allowed a senior official (earning @ £120,000 per year) to access his pension benefits early in contravention of the rules of the Local Government Pension Scheme. Yet the council refuses to explain the reasons underpinning this decision.
2. South Lanarkshire Council refused my Review Request 1 on the grounds that it does not hold the information requested. I hesitate to say that council is not telling the truth, but I have to say that I find their answer incredible because all councils have a duty to retain this kind of financial information for at least six years.
3. In effect, the council is asking me to believe that almost £300,000 of public money was spent on allowing a senior official to leave the council’s employment early and to boost his pension benefits by 7 years and 6 days – yet the council claims to have no record or explanation for reaching this quite extraordinary decision.
4. In terms of my Review Request 2, South Lanarkshire Council says this relates to an operational decision, but does not explain what ‘operational’ means. I assume it means a decision taken by another official and not by the council as a corporate body, i.e. by the full council or a properly convened council committee.
5. Again I find the council’s answer incredible, given that the point being raised relates to the council apparently exceeding its powers under the Local Government Pension Scheme (Scotland) Regulations 1998.
6. In my original request, I asked the council to explain its reasons for allowing a senior official to retire early. In its initial response the council confirmed the Executive Director’s contract had been terminated “with access to pension benefits in line with LGPS regulations”, but this claim appears to be incorrect since the post was replaced a cost of over £1 million (i.e. £120,000 a year x 7 years and 6 days + £291,990).
7. The LGPS regulations allow for pension benefits to be paid early only in very restricted circumstances. Yet the council appears to have ignored the restrictions by granting more generous terms than those permitted under the regulations - and by declaring a post redundant when, in fact, the post in question was replaced.
In my view, South Lanarkshire Council is trying to conceal important evidence relating to an apparent breach of the LGPS regulations.
As such, I believe that the answers given by South Lanarkshire Council are bogus and that the council has no proper grounds for refusing my FOISA review request.
I look forward to hearing from you in due course and if you require any further details at this stage, please let me know.
Kind regards
Mark Irvine
So, I've submitted an appeal to the Scottish Information Commissioner - Kevin Dunion - here's what the appeal letter says.
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
Fife
KY16 9DS
Dear Mr Dunion
South Lanarkshire Council (SLC) – FOISA request
I enclose an exchange of correspondence with South Lanarkshire Council (SLC) regarding a FOISA enquiry which I initiated on 23 August 2010. I asked South Lanarkshire Council to review its initial decision, but I am dissatisfied with their response and would like to register the following appeal to the Scottish Information Commissioner (SIC).
1. South Lanarkshire Council appears to have allowed a senior official (earning @ £120,000 per year) to access his pension benefits early in contravention of the rules of the Local Government Pension Scheme. Yet the council refuses to explain the reasons underpinning this decision.
2. South Lanarkshire Council refused my Review Request 1 on the grounds that it does not hold the information requested. I hesitate to say that council is not telling the truth, but I have to say that I find their answer incredible because all councils have a duty to retain this kind of financial information for at least six years.
3. In effect, the council is asking me to believe that almost £300,000 of public money was spent on allowing a senior official to leave the council’s employment early and to boost his pension benefits by 7 years and 6 days – yet the council claims to have no record or explanation for reaching this quite extraordinary decision.
4. In terms of my Review Request 2, South Lanarkshire Council says this relates to an operational decision, but does not explain what ‘operational’ means. I assume it means a decision taken by another official and not by the council as a corporate body, i.e. by the full council or a properly convened council committee.
5. Again I find the council’s answer incredible, given that the point being raised relates to the council apparently exceeding its powers under the Local Government Pension Scheme (Scotland) Regulations 1998.
6. In my original request, I asked the council to explain its reasons for allowing a senior official to retire early. In its initial response the council confirmed the Executive Director’s contract had been terminated “with access to pension benefits in line with LGPS regulations”, but this claim appears to be incorrect since the post was replaced a cost of over £1 million (i.e. £120,000 a year x 7 years and 6 days + £291,990).
7. The LGPS regulations allow for pension benefits to be paid early only in very restricted circumstances. Yet the council appears to have ignored the restrictions by granting more generous terms than those permitted under the regulations - and by declaring a post redundant when, in fact, the post in question was replaced.
In my view, South Lanarkshire Council is trying to conceal important evidence relating to an apparent breach of the LGPS regulations.
As such, I believe that the answers given by South Lanarkshire Council are bogus and that the council has no proper grounds for refusing my FOISA review request.
I look forward to hearing from you in due course and if you require any further details at this stage, please let me know.
Kind regards
Mark Irvine
