Appendix 3(d)

FIRST CLASS POST

Mrs P.A. Thomas
Local Government Ombudsman
Commissioner for Local Administration
Beverley House
17 Shipton Road
YORK
YO30 5FZ / Our Ref:
Your Ref:
Direct Line:
E-Mail:
Date: / ML/JEM
01253-477435

17th August 2005

Dear Mrs Thomas

Re: Mr P Yousaf, 54 Laycock Gate, Blackpool

I am writing with reference to our meeting yesterday.

Can I first thank you and your Deputy for meeting with the Standards Committee and Councillor Fisher yesterday, to discuss this case. Quite apart from the discussion on the case itself, we found your account of the work of the Ombudsman’s Office and the decision making process extremely interesting.

With regard to the above case, I confirm the outcome of the meeting, which was that the Standards Committee are not minded to vary their decision in this matter, as set out in the attached Minutes of the meetings of the 18th April and 14th June 2005.

Accordingly, I await hearing from you as to any further action which you propose to take in this matter.

Regarding the brief discussion we had after the meeting about the Legislation governing this matter, my reading of Section 31A of the Local Government Act 1974 is that, should you issue a Further Report, this will have to be considered by the Standards Committee. This is because the Standards Committee has delegated to it under the Council’s Constitution, the Authority’s functions under Part III of the Local Government Act 1974. Should the Committee determine not to follow any recommendations in any Further Report, this matter will then have to be referred to the full Council for determination.

The other requirements of Section 31A with regards to publicity, would also have to be followed in those circumstances.

I hope that this is helpful in clarifying the position, as I indicated it to you yesterday.

I look forward to hearing from you further in this matter and finally, may I take this opportunity of wishing you a long and happy retirement.

Yours sincerely

Mark Lewis

Head of Legal and Democratic Services

Encs

CC to:

Standards Committee Members:

Mr P. McCarthy

Mr D. Ball

Cllr Bradley-Wilcox

Cllr Clapham

Cllr Green

Cllr Haynes

Cllr Rowson

Blackpool Borough Council:

Cllr Fisher

Chief Executive

David Sanders

Steve Pullan

Val Bowers

Julian Kearsley

Christine Baines

Mark Lewis, Head of Legal and Democratic Services
PO BOX 11, TOWN HALL, BLACKPOOL, FY1 1NB
TELEPHONE: (01253) 477450 FAX: (01253) 477149 E-MAIL
Julian S Kearsley Strategic Director, Business Services
PO Box 4, Town Hall, Blackpool,FY1 1NA
Telephone (01253) 477477 Fax (01253) 478502 E-MAIL /