Public Service and Local Government




OMBUDSMAN WATCHERS RESOURCE CENTRE

LGO (York office) colluding with a Council over a Freedom of Information/Data Protection request

Evidence donated by Trevor Nunn

Having  previously been refused information by the Local Government Ombudsman I sent a Freedom of Information/ Data Protection request to Cheshire County Council by email on the 27th March 2008. During the email tour highlighted below I was told that they were refusing to give me the information requested on  Public Interest grounds. I submitted a complaint to the Information Commissioner. However, the following illustrates how my simple request, essentially for their defence to my complaint, was, over a period of about 6 weeks,  read on 26 different occasions by 7 different people before and after they refused to give me the information. A further complaint to Cheshire County Council, about them breaching the  Data Protection Act by forwarding my email to a third party without my permission, has been brushed aside by their Data Protection Officer.  Both the LGO and Cheshire County Council have now barred me from seeing the information necessary for me to effectively contradict Cheshire County Council's defence to my complaint.

As far as I am concerned this document, together with their actions, provides evidence of collusion between the Council and the Ombudsman's office in order to to stop me obtaining the information necessary to effectively contradict or challenge anything Cheshire County Council has told to the Ombudsman regarding my complaint. And vice versa of course.

Please refer to the 7th and 8th time my email was read!

The question is 'why was the council forwarding my FOI/Data Protection request to the LGO?'  It had damn all to do with them!
There is no legitimate excuse for a council forwarding a Freedom of Information/Data Protection request to the LGO. It's a simple case of maladministration. Maladministration that once again was conveniently overlooked by a Local Government Ombudsman.

Important updates since first publishing this article.

1: The email was opened on two further occasions. Firstly on the 17th November 2008 by reader 2 and secondly on the 20th December 2008 by reader 1. This brings the total number of times this emailed Freedom of Information/Data Protection request has been opened to 28 by 7 different people.

2: During March 2009 the Information Commissioner forced Cheshire County Council to give me the information. It is now clear why neither the LGO nor the Council wanted me to read the correspondence before the Ombudsman published her final report. It proves once and for all the LGO and their staff are not as impartial as they like people to think they are. Many of these letters will eventually be published to support my case.  Both the Ombudsman and the Council should be ashamed of themselves for such devious and unprofessional behaviour.


Email Tracking details

To Nickki.Hughes@cheshire.gov.uk
From Trevor Nunn
Subject Re: Freedom of Information and Data Protection requests
Sent on 27-Mar-08 at 13:41:32pm 'GB' time
1st Open 27-Mar-08 at 15:30:50pm +01:00 Chester, England, United Kingdom

Tracking Details


1) Opened

Opened 27-Mar-08 at 15:30:50pm (UTC +01:00) - 1hour49mins18secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:37744)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 27-Mar-08 at 15:36:32pm (UTC +01:00) - Log data indicates email was read for at least 5mins42secs (approx.)

2) Re-Opened

Opened 27-Mar-08 at 16:10:37pm (UTC +01:00) - 2hours29mins5secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:37381)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 27-Mar-08 at 16:13:53pm (UTC +01:00) - Log data indicates email was read for at least 3mins16secs (approx.)

3) Re-Opened

Opened 27-Mar-08 at 16:40:33pm (UTC +01:00) - 2hours59mins1sec after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:23461)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 27-Mar-08 at 16:41:28pm (UTC +01:00) - Log data indicates email was read for at least 55secs (approx.)

4) Forwarded

Opened 31-Mar-08 at 09:39:37am (UTC +01:00) - 3days19hours58mins5secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:62765)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.0; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 31-Mar-08 at 09:43:31am (UTC +01:00) - Log data indicates email was read for at least 3mins54secs (approx.)

5) Re-Opened (by earlier reader #2)

Opened 1-Apr-08 at 12:36:08pm (UTC +01:00) - 4days22hours54mins36secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:1499)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.0; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

6) Re-opened (by earlier reader #1)

Opened 1-Apr-08 at 14:48:06pm (UTC +01:00) - 5days1hour6mins34secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:24038)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 1-Apr-08 at 14:51:55pm (UTC +01:00) - Log data indicates email was read for at least 3mins49secs (approx.)

7) Forwarded 
(Note this is the IP address of the LGO's office in York. Why is the Council sending my FOI and Data protection request to them? It has damn all to do with them! )

Opened 1-Apr-08 at 15:34:26pm (UTC +01:00) - 5days1hour52mins54secs after sending
Location York, England, United Kingdom (86% likelihood)
Opened on (217.207.17.146:2973)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322)

8) Forwarded
(Note the address, this usually indicates that it has been sent to Mrs Seex's personal Blackberry.)

Opened 1-Apr-08 at 17:27:56pm (UTC +01:00) - 5days3hours46mins24secs after sending
Location Milton Keynes, England, United Kingdom (86% likelihood)
Opened on 88-110-41-90.dynamic.dsl.as9105.com (88.110.41.90:1372)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; FunWebProducts; .NET CLR 1.1.4322)

9) Re-Opened (by earlier reader #1)

Opened 4-Apr-08 at 14:11:46pm (UTC +01:00) - 8days30mins14secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:22414)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 4-Apr-08 at 14:23:34pm (UTC +01:00) - Log data indicates email was open for at least 11mins48secs (approx.)

10) Re-Opened (by earlier reader #1)

Opened 4-Apr-08 at 14:35:49pm (UTC +01:00) - 8days54mins17secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:61069)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

11) Forwarded

Opened 4-Apr-08 at 16:00:53pm (UTC +01:00) - 8days2hours19mins21secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:19329)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1)

12) Forwarded

Opened 7-Apr-08 at 10:57:49am (UTC +01:00) - 10days21hours16mins17secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:26951)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.0; .NET CLR 2.0.50727)

13) Re-opened (by earlier reader #2)

Opened 7-Apr-08 at 17:12:39pm (UTC +01:00) - 11days3hours31mins7secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:15529)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.0; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

14) Forwarded

Opened 8-Apr-08 at 09:12:04am (UTC +01:00) - 11days19hours30mins32secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:24683)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727; .NET CLR 3.0.04506.30)

15) Re-opened (by earlier reader #1)

Opened 11-Apr-08 at 15:02:41pm (UTC +01:00) - 15days1hour21mins9secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:33701)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 11-Apr-08 at 15:10:07pm (UTC +01:00) - Log data indicates email was read for at least 7mins26secs (approx.)

16) Re-Opened (by earlier reader #1)

Opened 23-Apr-08 at 12:34:05pm (UTC +01:00) - 26days22hours52mins33secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:56138)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

17) Re-Opened (by earlier reader #1)

Opened 23-Apr-08 at 16:04:55pm (UTC +01:00) - 27days2hours23mins23secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:58758)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 23-Apr-08 at 16:05:23pm (UTC +01:00) - Log data indicates email was read for at least 28secs (approx.)

18) Re-Opened
(Not sure about this one but the Milton Keynes server mentioned above (8) is owned by a company in Phoenix Arizona.)

Opened 25-Apr-08 at 19:09:53pm (UTC +01:00) - 29days5hours28mins21secs after sending
Location Phoenix, Arizona, United States (43% likelihood)

19) Re-Opened (by earlier reader #1)

Opened 29-Apr-08 at 16:19:43pm (UTC +01:00) - 33days2hours38mins11secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:24964)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

20) Re-opened (by earlier reader #7)

Opened 1-May-08 at 10:42:38am (UTC +01:00) - 34days21hours1min6secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:9996)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727; .NET CLR 3.0.04506.30)

21) Re-opened (by earlier reader #1)

Opened 2-May-08 at 17:11:46pm (UTC +01:00) - 36days3hours30mins14secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:16656)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

22) Re-Opened (by earlier reader #1)

Opened 7-May-08 at 12:03:11pm (UTC +01:00) - 40days22hours21mins39secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:27252)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

23) Re-Opened (by earlier reader #1)

Opened 7-May-08 at 12:13:42pm (UTC +01:00) - 40days22hours32mins10secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:58347)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)
Last log No more activity after 7-May-08 at 12:13:56pm (UTC +01:00) - Log data indicates email was read for at least 14secs (approx.)

24) Re-Opened (by earlier reader #1)

Opened 8-May-08 at 08:43:38am (UTC +01:00) - 41days19hours2mins6secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:61600)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

25) Re-Opened (by earlier reader #1)

Opened 13-May-08 at 15:10:10pm (UTC +01:00) - 47days1hour28mins38secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:42026)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

26) Re-Opened (by earlier reader #1)

Opened 13-May-08 at 15:40:20pm (UTC +01:00) - 47days1hour58mins48secs after sending
Location Chester, England, United Kingdom (86% likelihood)
Opened on (194.187.35.194:45584)
Language of recipient's PC: en-gb (English/United Kingdom)
Browser used by recipient: Moz/4.0 (MSIE 6.0; WinNT 5.1; SV1; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

Total Opened 26 times by 7 readers
Reader #1 Opened 17 times for 33mins38secs total
Reader #2 Opened 3 times for 3mins54secs total
Reader #3 Opened 1 time
Reader #4 Opened 1 time
Reader #5 Opened 1 time
Reader #6 Opened 1 time
Reader #7 Opened 2 times

Update Total Opened 28 times by 7 readers.

17th November 2008 again by reader 2

20th December 2008 again by reader 1.

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