Salford Council are having a laugh aren't they?

[GrahamH]

I have had a response saying I will get the answer within 20 working days so we will see.  I requested basically what grounds they decided they had to charge a £1 admin fee for all non debit/credit card payment, the process they went through to decide this amount. I asked for one other point but off the top of my head I don't remember what it was.  I also emailed my MP asking similar questions and also whether legally a local office could add a fee to a statutory fee.  I wait in hope she will reply

Rob

That's just as it should be. I always sent out that sort of standard response when I was an FoI officer unless it was possible to answer the question in full immediately. It confirms receipt and that the matter is being dealt with properly.

Graham

[LizzieW]

Oh dear - just found my husband's 2 x g.parents died in Salford.  He is fairly easy to find on the deaths - there was only one of the correct age.  The problem with his 2 x g.grandmother is that she died before ages were put on FreeBMD and there are about 4 choices.  I won't be following her up any further, either through GRO or Salford.

Lizzie

[MUMMYG]

Thats rediculous, forty pounds to prove one person,tsk!  Shot themselves in the foot I think,  Ive not bought one since they upped the price, Im doing other research that doesnt need certs first, I may not ever use them again, who knows.

[Parmesan]

Is this an answer?  Is a request for a BMD a 'discretionary service'?

"I am writing in response to your Freedom of Information request of 29 June 2010. You requested the following information:
 
'I note from your website and from the online form at Lancashire BMD that you are charging £10 for BMD certificates. Under the Freedom of Information Act may I request details of how the fees are made up and the powers and duties under which the fees are levied.'
 
In answer to your request the council can confirm that, in accordance with the Local Government Act 2003 (General Power for authorities to charge for Discretionary Services), it was decided to charge an administration fee on all certificate applications made to this authority by all means of application with the exception of an application made in person. The fee of £1.00 was confirmed, in line with other AGMA (Association of Greater Manchester Authorities) authorities levying an extra fee in addition to the statutory fee of £9.00 per certificate.
 
The council considers it has fulfilled your Freedom of Information request. If you are dissatisfied with the way your request has been handled, or wish to appeal this decision, you may wish to contact David Sackfield, Head of Business Support and Information Management, Customer and Support Services Directorate; email: david.sackfield@salford.gov.uk
Details of how to lodge an appeal can be found at www.salford.gov.uk.
If you are still dissatisfied following any internal appeal, you may wish to contact the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF - www.ico.gov.uk, Tel: 01625 545 700, Fax: 01625 524 510.
Yours sincerely
 
Andrew van Damms"

[acorngen]

Parmesan,

I have also received that exact same response and I now wonder if anyone can tell us if any other registry office in teh GMA are actually charging an extra pound for certificates

Rob

[Parmesan]

well Manchester don't for a start!

[Parmesan]

Bolton don't
Bury says to write to register office
Manchester don't
Oldham have a link to GRO
Rochdale charge the £1 admin fee!
Stockport don't
Tameside don't seem to
Trafford don't
Wigan don't


Associate members
Blackburn with Darwen - no fee given
Blackpool - £1 for credit card payments
Cheshire no
Warrington no

So it looks like salford and Rochdale 

I am reposting Guy's earlier post on the subject

"I assume Salford are relying on the Local Government Act 2003 to make a discretionary cherge.

However the Local Government Act 2003 section 93 states -
"93 Power to charge for discretionary services

(1) Subject to the following provisions, a best value authority may charge a person for providing a service to him if—

(a) the authority is authorised, but not required, by an enactment to provide the service to him, and

(b) he has agreed to its provision.

(2) Subsection (1) does not apply if the authority—

(a) has power apart from this section to charge for the provision of the service, or

(b) is expressly prohibited from charging for the provision of the service. "

All Registrars and Superintendant Registrars have a statutory duty (under the Marriage Act, 1949 and the Births and Deaths Registration Act, 1953) to provide a requested certificate therefore the discrectionary power to raise and additiona charge does not apply.
Cheers
Guy"

[Parmesan]

I don't pretend to able to follow this but does section 94 make a difference?

94.  Power to disapply section 93(1)
(1)The appropriate person may by order disapply section 93(1)—
(a)in relation to particular descriptions of best value authority or particular best value authorities;
(b)in relation to the provision of a particular kind of service by—
(i)all best value authorities,
(ii)particular best value authorities, or
(iii)particular descriptions of best value authority.
(2)The power under subsection (1) includes power to disapply for a particular period.
95Power to trade in function-related activities through a company

?

[GrahamH]

Is this an answer?  Is a request for a BMD a 'discretionary service'?

If you look back at my posts of 15 & 17 May you will see that Salford are saying very much the same thing. The discretionary service is to process applications not made in person.

it was decided to charge an administration fee on all certificate applications made to this authority by all means of application with the exception of an application made in person.

The amount of the admin fee and whether or not any other council charges it are totally irrelevant. The council is acting legally.

Graham