Salford Council are having a laugh aren't they?

[Parmesan]

Thanks Graham, I have already replied to the GRO with Salford's response so hopefully I will get a response to that tomorrow, I hope so anyway, I'm off to the Outer Hebrides on Friday!

[Parmesan]

Actually re-reading that email it says "Only where the local authority provides an additional, discretionary service, is it able to charge a supplementary fee (to recover the cost) under the powers available to it under the Local Government Act 2003"

what is it that they are doing that is 'additional'? 

[GrahamH]

Actually re-reading that email it says "Only where the local authority provides an additional, discretionary service, is it able to charge a supplementary fee (to recover the cost) under the powers available to it under the Local Government Act 2003"

what is it that they are doing that is 'additional'? 

If my interpretation of the Acts is correct, responding to applications made other than in person is "additional" to the duty which the Acts impose and a fee can be charged.

If Guy's interpretation is correct then responding to applications made other than in person is included in the duty which the Acts impose and a fee can not be charged.

Graham

[Parmesan]

If my interpretation of the Acts is correct, responding to applications made other than in person is "additional" to the duty which the Acts impose and a fee can be charged.

Graham

If that is the case then my thread title was spot on, they are having a good old belly laugh.  They are not moving one more muscle in processing a postal/email request.

Salford stated in their response to me that "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."  That is totally untrue as only one other authority, Rochdale charge an admin fee. (that I can see)

 

[GrahamH]

If that is the case then my thread title was spot on, they are having a good old belly laugh.  They are not moving one more muscle in processing a postal/email request.

Salford stated in their response to me that "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."  That is totally untrue as only one other authority, Rochdale charge an admin fee. (that I can see)

 

Nothing to do with having a laugh - the opposite in fact. As I pointed out yesterday:

What will definitely happen in future though, given the current economic problems, is that services provided by the public sector which are discretionary will be scaled back and/or the charge for them will be increased - in exactly the same way that private sector organisations react to similar circumstances.

Leaving aside for a moment whether this particular service is discretionary or not, the general picture is that whilst councils can provide discretionary services because there is an element of capacity available from the resources they have to employ to fulfil statutory duties then they will do so but the cost may well rise. When it comes to a state where councils have to employ extra resources to provide discretionary services then they could well refuse to provide them unless they are sure they can cover the costs involved without putting an extra burden on Council Tax payers.

Graham

[acorngen]

I think that proves the arguments that both Guy and I have said from the start.  Parmesan if you wish to send me a copy of the email I will make representations to Salford Council.  I already have used their complaints procedure on this subject.

PM me for my email address

Rob

[acorngen]

This is what I have just sent to Mr Tanner.

"Mr Tanner,

After recently being shown an email from the GRO I wish you to now explain what discretionary service you are providing that justifies an extra charge of a pound for certificate via post or phone.  They state that as a statutory fee you have no right to add discretionary charges except where providing additional services.  The two acts that provide for certificates to be issued on request provide for a statutory requirement for you to provide such and therefore I see no reason that you can suggest that a discretionary charge should be applied.  I believe that what you are doing is ilegal and contrary to the FOI reply I received no other registry office in the greater Manchester area is increasing the charges.

I await your response and that of my MP"

Rob

[acorngen]

Leaving aside for a moment whether this particular service is discretionary or not, the general picture is that whilst councils can provide discretionary services because there is an element of capacity available from the resources they have to employ to fulfil statutory duties then they will do so but the cost may well rise. When it comes to a state where councils have to employ extra resources to provide discretionary services then they could well refuse to provide them unless they are sure they can cover the costs involved without putting an extra burden on Council Tax payers.

Graham

Unfortunately Graham in this case they have a statutory duty to provide certificates and thereore cannot refuse.


Rob

[GrahamH]

Unfortunately Graham in this case they have a statutory duty to provide certificates and thereore cannot refuse.


Rob

Nobody is arguing a statutory duty exists Rob. It is the extent of that duty which is being debated. If the statutory duty only covers personal applications then it is perfectly legal for any other form of application to be refused.

Graham