Wednesday, 10 August 2016

Legal Case?? What legal Case?



How many of you are aware that the Parish Council is using tax payers cash on an ongoing legal case?

They were discussing it at a special meeting of the FULL council on the 11th July 2016

This is what it said on the Agenda for that meeting......

RESOLVED to suspend Standing Order 1c and to exclude members of the public and press due to discussing Council’s position on legal proceedings.

THE LETTER RECEIVED FROM FREEMAN JONES SOLICITORS COVERING ONE FROM MARK REDLER & CO SOLICITORS.175/16

Now I completely understand that the actual legal position that the council is going to discuss should for obvious reasons remain confidential.

But hang on..... Why are they being so cagey over what the action is covering?

What is wrong with putting on the agenda something like this:


In the matter of (for Example) The Parish Council is undertaking to use legal proceedings against ABC person or Company in the matter of XYZ. The Parish Council has reached an important juncture in the legal proceedings or discussions and need to discuss a formal position on a letter received from Freeman Jones Solicitors. etc etc

There is no need to disclose the decision that is fine, but just quoting 175/16 and being specifically obtuse regarding the public is actively designed to make sure the public in general remain unaware of what is going on. This in my opinion shows a high level of contempt for the community and their ability to scrutinise what is going on.

I am sure that this is all completely legal and above board, and reaches the giddy heights of minimum disclosure statutes set out in Arnold Baker, of which I have a copy and have read it cover to cover.

Nothing in this weighty tome says you cannot speak clearly in easy to understand Language accessible to everyone in modern day Britain, the workings of this lowest of tiers of government.

SO HERE IS THE QUESTION, WHAT IS THE LEGAL CASE BEING CONSIDERED?, HOW LONG HAS IT BEEN GOING ON FOR...........AND MORE IMPORTANTLY HOW MUCH IS THIS GOING TO COST.

Just to remind everyone, I currently have on your behalf, a Freedom of Information request in with the council asking specifically how much cash they have spent in the last 5 years on legal projects, defined by project and total cost. As soon as I have the list of cases and their costs I will publish them for your information.

16 comments:

  1. What are you trying to achieve with all this moaning about the council?

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  2. A very good point, I want the Parish Council to become more open and transparent and communicate what they do in a more accountable way

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  3. why didn't you stay on the council and do that?

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  4. I found that the council as a whole was not interested in change or opening up. It is very difficult to offer decent from inside the chamber when you are bound by all sorts of confidentiality rules. I was clear that the council would have done everything in their power to gag me and stop me from speaking out. So here I am, Even now the council can get together with me and look at better ways of communicating with the public they claim to serve. However as they have "sent me to Coventry" that is not likely to happen.

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  5. how can they send you to Coventry?

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  6. I hear from "Sources close to the council" that the Chairman has instructed the council not to respond to anything I say. The notable exception of some wives and friends who have responded.

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  7. This is how averse they are to democratic debate, and freedom of speech. I accept that these are volunteers and that I will have to wait for some of these members to leave the council before I have a chance to improve things, but I have campaigned for over 5 years now and another 10 is fine for me, or more if required.

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  8. I dont always agree with you Rolf but I think you are doing a good job here I will continue to read your posts, you never know it may work someday

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  9. Thanks and let me know if there is anything you want me to investigate

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  10. It could be under legally privileged so they will be unable to discuss outside of immediate interested parties.

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  11. I completely understand your point and confidentiality of the proceedings would be paramount. However the fact that legal proceeding are taking place, using public cash to fund those proceedings it is right that the public whose money it is are aware of what the matter is so they can judge for themselves if this is best use of their cash being spent when so many things in the community need doing. I will be interested to learn from my FOI request what other legal advice has been taken and what the reason was it taken, and more importantly how much all of this litigation has cost against how effective it has been.

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  12. It might be an idea to ask the council if the proceedings are "Legally Privileged" and if they are why? many legal cases are publicised why not this case?

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  13. I can see this is what gets you up in the morning but who the hell else cares!!

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  14. lol.... I can see where you are coming from, but democracy does not just happen, it takes ordinary people to keep the elected bodies who wield the power and spend our taxes in check. Its ordinary people who make sure that corruption does not take hold, it is ordinary people who question what the great and the good say that make sure that democracy never dies. In this country we are very lucky millions of people like me do a very good job of highlighting what those in power get up to, often ignored, always ridiculed, but mostly listened to as we often do the digging many other people cant be bothered to do, so you may not agree, or understand why I do it, but its important to keep going.

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  15. also worth noting that although the council agree amongst themselves and vote on issues, it is our cash they are spending, they should not be undertaking ANY task they would rather the public not find out about. They are not an entity in themselves they do their work on behalf of US, the do things in OUR Name, the Parish of Colwich, not the great and the good on the council. Using council funds to fight personal political vendettas or to fight someone to hide personal inept actions is not a reason for using public money in this way.

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  16. Well said, Sir.

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