Getting Information From Preston Parish Council

GETTING INFORMATION FROM PRESTON PARISH COUNCIL.

Written for the Blog by a Preston resident.

Getting any sort of information from Preston Parish Council is in itself a task you have to be prepared for, there is no willingness by the council to part with any kind of information. It’s almost as though the information belongs exclusively to the council and others whoever they may be have no right to see it.

This is always the case no matter what information you request, however innocuous. I am posting this as an example of the difficulties experienced, when the information finally arrives probably after a couple of months, and having had to fight to get it you’re simply unable to figure out what all the fuss was about in the first place.

A typical request is that made on the 10^th December 2012 for two pieces of information, very simple to satisfy. There was no acknowledgement of my request so I really didn’t know if it had been received, a previous email requesting information was never received by the council, apparently. So I waited for a month until the deadline for responding had expired, I then contacted the council (08/01/13) to remind them and ask for a Refusal Notice with detailed reasons for refusal if that was their intention and if so I requested they review that decision, as required under FoIA.

The request originated in December 2011 at the councils office in respect to planning applications for a New Community Hall, at that time I was informed by the council that these documents did not exist, there were no minutes for the approval of the applications or their relevant expenditures.

Over the last two years I have written to the council a number of times asking why there are no minutes relating to these items and, if there are no minutes they cannot have been approved by council so in who’s front room were these matters decided. Also, councillors who make such illegal decisions and commit to financial expenditure outside of council may be personally responsible for that cost. The council have even advised me to make a complaint to the Audit Commission (I have that in writing from the Chairman of the Parish Council) fully aware that the information requested did exist and could have resulted in a possible audit Cost of approximately £9,000 to the residents of Preston had I complained to the District Auditor. I would defy anyone to not get frustrated by this type of behaviour and mismanagement!!

Residents of Preston have already suffered a financial loss of almost £9,000 (March 2011) because the council advised a resident to complain to the Audit Commission just to avoid talking to him. That money came out of the pockets of residents who work hard to keep their homes and families, effectively the council then waste that money, giving it to an auditor who has charged them over £600 per hour when a lot of families in the village do not have that as a weekly income.

Under Section 151 of the Local Government Act 1972 the council must employ a ‘Responsible Financial Officer’, this person deals with council auditing year in and year out and deals with the Audit Commission and external auditors every year. He must be aware of the costs to the council following such an Audit. Now we find the council is obviously prepared and seemingly happy to needlessly spend yet another £9,000 in order not to speak to me!

Who would end up paying for that?........ Preston Residents of course! Somebody needs get to the bottom of it before we end up bankrupt.

It’s as though the council is purposefully making life as difficult as possible to discourage anyone from asking anything or requesting any information. I do know a number of people who in the past have said to me ‘you won’t get anywhere with them its not worth bothering with’. So many people just drop it and walk away which encourages the council to follow that successful policy even more!

To make it more difficult for me to request information the council has banned me from making requests by email that would certainly make getting information much more difficult because I am also banned from talking to any of them, by a resolution of the council. Consequently some neighbours who are councillors no longer visit or speak to us, I think that amounts to intimidation by the council towards a single resident and the council is intentionally attempting to isolate a household within their community because the occupants challenge the council.

As soon as I found out about the complaint to the Audit Commission and that there was to be an Audit I wrote to a councillor to give my estimate of the, as yet unknown costs and number of man hours I would expect such an audit on this size council to take.

Reproduced below is my letter to the councillor.

Cllr. **************

******

***************

Preston

East Yorkshire

HU12 ***

                                                                                                11/03/2011

Dear Cllr. *******

Re:            Audit Commission.

Mr. ******* has recently informed me that he has lodged a complaint with the Audit Commission relating to Preston Parish Council.

Although I was aware that he wished to submit such a complaint I have always and consistently advised against such action over a period of several months, my preference has always been to resolve any issue at the forthcoming elections. I view the action as very serious and the potential cost implications to the parish may have far reaching consequences.

I do not think Mr. ******* has fully thought through his actions or the potential consequences of those actions. Since being told I have had contact with the Audit Commission and whom I believe the appointed auditor to be, Ms. Jackie Bellards’ office.

I have spoken to Mr. ******* and, on the strength of the limited information that I possess to date, I have taken certain actions of my own, and these are;

1.              I have withdrawn from any election activity that Mr. ******* is involved with.

2.              I have instructed that my name be removed from any leaflets or publications connected to any election activity.

3.              I have withdrawn any support, involvement or advice I may have been prepared to give to Mr. *******  activities.

I cannot in all good conscience align myself with any activity that may directly result in damage to the parish, my aim has always been to highlight shortcomings within the council, not cause unnecessary cost to parish funds.

I understand and am familiar with the level of fees chargeable for various levels of public audit staff. The District Auditor will be the person to carry out any Audit as the Commission has appointed her and her agreed maximum hourly rate is £325. Other staff members have a much lower hourly rate but the rates are still substantial. There is also the additional 20% VAT to be added to any fees charged, it may well be a very costly exercise and damaging to the village.

I am aware that Audit durations for larger and unitary councils may well last between 11 and 40 days, in the case of a parish council such as Preston I would imagine an Audit duration of between 2 and 4 days depending on how organized the paperwork is. The cost and scope of such an Audit is normally agreed between the Auditor and Council to be audited prior to the work taking place.

I have to-day (13/03/11) met with and advised friends and neighbours who may be standing as nominees (and associated with Mr. *******) of this situation in order that they might be prepared for any repercussions as a result of Mr. ******* actions, other than that I have no further involvement.

I must ask that the council assure confidentiality of this correspondence and no part of it be placed in the public domain.

Kind Regards

*** *****

My request for Information, 10/12/12

Preston Parish Council                                                                                                                    

**************                                                                                                                            

Preston                                                                                                                                               

HU12 ***                                                                                                                                         

                                                                                                                                                                10/12/12

Dear council

Request for information under FoIA.

I would be grateful if you would forward copies of the council minutes relating to the resolutions that authorised the following,

1.              Approval for submission of Planning Application No. 06/09312/PLF and 10/00410/PCC

2.              Approval for financial expenditure relating to the above applications.

Yours sincerely

*** *****

My reminder to the council, 08/01/13

Preston Parish Council                                                                                                                

**************                                                                                                                         

Preston                                                                                                                                            

HU12 ***                                                                                                                                       

                                                                                                                                                                  08/01/13

Dear council

Re. FoIA request submitted to you on 10/12/12.

To-date I have not had an acknowledgement or response to the above request, I believe the 20 working day limit for response has now passed.

From your lack of response I can only assume you do not intend to respond to the request, if this is the case would you please confirm that position by return.

When you confirm that to be the case would you please include a refusal certificate detailing the reasons you do not wish to disclose the requested information and, take this as a request for the council to review its decision as required under the above legislation.

Yours sincerely

*** *****