We would just
like remind readers, this blog is not run by any one person, it has a number of
residents as members and we work as a team, no single member has full control
on what appears. If you wish to comment on anything on this blog please comment
through the normal channel or email us direct, If you would like to join our
group please email us we would be pleased to hear from you, thank you.
5. Proper Channels.
During
the council meeting on 16/08/13 there was a comment from one council member who
stated the issues raised here should be directed through the ‘proper channels’ or government bodies
that deal with the issues, for that member’s clarification we will outline the
steps we have taken.
The
parish council has been approached as the “proper
channel” in the first instance on all issues listed on this blog without
exception, we have invariably had those approaches ignored by the council or
simply being told “the matter is closed”. There comes a point when you have to accept that
it’s futile trying to be reasonable with people who brush you aside so readily.
After
a number of snubs from the council and its refusal to even consider the issue,
one of our members made two complaints to the Standards Committee, which is a ‘proper channel’, both complaints related
to the honesty of parish councillors. The first one was considered on its
merits and the Standards Committee found that a breach of the Code of Conduct
for Councillors had not taken place. Our member didn’t agree with the
deliberation but the Standards Committee made their decision having considered
all the facts relevant to the complaint and therefore our member
accepted that decision, which was the end of the matter.
The
second complaint was determined on false statements submitted by Preston Parish
Councillors and therefore the final decision of the Standards Committee was
fundamentally flawed, the Committee had been deliberately misled by those
parish councillors.
By
submitting false statements those councillors are suggesting that the
complainant simply thought up the complaint from the imagination of his own
mind and made the complaint maliciously. That strongly suggests that the
complainant was lying in order to have unwarranted disciplinary action taken
against an innocent councillor.
That
being the case the complainant, should the need arise, will never again be able
to submit a genuine complaint without being tarnished with the suggestion of
that alleged dishonesty. In addition to that, the Chairman and vice chairman of
the parish council at the time must have had the same aberration independently
of the complainant as they also submitted statements which confirmed the
complainants view and other council members agreed the incident did in fact
take place much as described in the complaint and submitted statements to that
effect.
Following
a request that ERYC review their deliberation on the grounds of dishonest
statements (another ‘proper channel’) that was rejected out of hand. At this
point we have pretty well come to the end of the road as far as “proper channels” are concerned but we
will continue to push the issue until someone higher up the ladder looks into
the matter or it is resolved by the parish council in discussion with the
complainant.
Following
the decision of the Standards Committee an additional number of councillors
wrote to the Monitoring Officer of ERYC confirming the flawed decision and
requested it be looked at again and investigated (yet another ‘proper channel’),
their requests were also refused.
Parish
Council’s are not covered by the “Local Government Ombudsman” (a review of the
legislation is currently being considered, if Parish Councils are transferred
to the jurisdiction of the Local Government Ombudsman we will immediately
submit a case to them) so we are unable to take that step, we are pretty well
at the end of the line as far as “proper
channels” are concerned.
With
regard to the councils refusal to make available public information on many
occasions we have to-date not followed that up with a complaint to the
Information Commissioners Office (ICO). We now intend to correct that and
should the council again fail to comply with the Freedom of Information Act,
all failures will be referred to the ICO at the earliest appropriate
opportunity. Any deliberations the ICO may make will be posted on this site at
the relevant time.
It
would therefore appear to be the case that if you have a complaint against a
parish council or an innocent query you can be constantly ignored and in the
end you will get tired of trying and you will go away leaving the parish
council in peace to repeat the process time after time on any other
unsuspecting resident who complains in the future or, puts forward an innocent
query. The parish council have operated in this way for many years, we want
that to stop right here so we will not be going away any time soon.
In
saying we should go through the appropriate ‘government channels’ that member
can only be suggesting that we take a complaint regarding the unlawful use of
public funds to the Audit Commission or District Auditor. That member has
clearly learned nothing about the previous Audit but is fully aware of the
consequences of such action, and the potential financial cost to the parish, is
that member not concerned about the financial cost? Does the member think the
parish is so cash rich we have nothing better to spend it on except even more
unnecessary Audits, effectively transferring residents money into the profit account of a private accounting firm?
What
should happen and what any responsible parish council would do is,
1.
On becoming aware of such an issue the council would take proactive steps to
address it.
2. Discuss the reasons for the residents concern and give a full explanation why the resident is mistaken in his/her suspicion, if that is the case.
3.
Cover the details and outcome publically during the next available council
meeting.
4.
Document the details in council minutes as a permanent record of their actions.
The
council will then have taken all reasonable steps to address the issue and can
be shown to have displayed ‘due diligence’ in protecting the assets of the
parish and its residents. If the resident then went ahead in forwarding a
complaint to the audit commission it would arguably be beyond the councils
control and therefore could be argued that any loss is down to a malicious complaint by a disgruntled resident.
What
a council should never do is refuse to discuss such issues with residents and
ignore any requests for the relevant information as that demonstrates a
council’s lack of engagement, openness and transparency and can only propagate
further mistrust and suspicion.
Since
it has been over two and a half years since such an audit it is almost certain
that an audit would be ordered by the District Auditor because of the
seriousness of the allegation, any audit will represent a financial loss to the
parish of up to circa. £10,000. To suggest we take our complaint to the Audit
Commission is being reckless in the extreme with resident’s money when the
parish council has the information to resolve the issue quickly and without any
additional cost to the parish or residents.
For
a parish council to not respond for 3 years to a resident’s belief that public
funds have been spent illegally and then simply tell those residents to
complain to the District Auditor is appallingly bad management of public funds.
We
are currently making contact with the Audit Commission to clarify the position
on Auditors looking into a specific incident as an isolated item (a "proper channel"), when that
information is received and we have had time to digest it we will reconsider
our options, we have not yet ruled out a complaint to the Audit Commission.
If
the parish council refuse to make public documents available which would easily
and quickly resolve this matter it should put out a public statement to that
effect and if the view of the parish council is that we should take the matter
to the Audit Commission knowing the potential cost to public funds they should
include such advice clearly in a public statement, we will then reconsider our
position.
There
is just a couple of parish council failures we must remember’
1.
The parish council has never uttered a single word in denial or explanation for
the omission.
2.
The council has the ability to clear the matter up with the issue of one agenda
and one set of minutes which should take no more than 30 Mins, to date it has refused to do so.
3.
The parish council has never responded to the enquiring resident to explain why
the resident is wrong in his belief, if that is the case.
The fault lies with the
parish council and not with residents.
If there are any residents with similar experience of
the council do please contact us by comment or email. If you wish we will post
on your experience without your identity being released, or not post anything
if you simply want to share your experience it’s entirely up to you. We would
love to hear your story, your not alone, there are a number of us, let us
compare notes and grow as a group.