Wednesday, March 24, 2010

What happens when council officers tell lies ...

Many council officers have 'misbehaved' in many ways and told lies that would even make Pinnochio blush.

However, not having wooden noses it is often difficult to prove when a council officer is lying ... and that is why hard evidence is required.

Evidence of a very serious nature is being collated against a number of local authorities who, let us be polite, have 'misled' the Secretary of State into granting Civil Enforcement powers. If any of these council officers think that they will be protected by their council's insurers then I would suggest that they look at the legislation below. Any council officers who attempts to support or protect fellow officers will be in the frame as well. Point to ponder as all you read this.

There is no 'amnesty' should an officer retire or resign, and they may also personally face claims for damages should a civil case be taken against them or criminal matters investigated. I am aware that lawyers are already instructed in at least one case. Perhaps the first arrest of a council officer will bring home the gravity of councils 'attempting to expose individuals to the risk of a loss' through deliberate wrongdoing or recklessness and send a warning shot across the boughs.

Meanwhile, thanks to those out there with honesty and integrity who are not prepared to be the 'patsies' for civil servants who seem to have forgotten a long time ago that their duty is to serve (and be civil while they're at it).

Statutory Instrument 2004 No. 3082
The Local Authorities (Indemnities for Members and Officers) Order 2004

Restrictions on indemnities
6. - (1) No indemnity may be provided under this Order in relation to any action by, or failure to act by, any member or officer which -
(a) constitutes a criminal offence; or
(b) is the result of fraud, or other deliberate
wrongdoing or recklessness on the part of that member or officer.

(2) Notwithstanding paragraph (1)(a), an indemnity may be provided in relation to -
(a) subject to article 8 below, the defence of any criminal proceedings brought against the officer or member; and
(b) any civil liability arising as a consequence of any action or failure to act which also constitutes a criminal offence.

(3) No indemnity may be provided under this Order in relation to the making by the member or officer indemnified of any claim in relation to an alleged defamation of that member or officer but may be provided in relation to the defence by that member of officer of any allegation of defamation made against him.

No comments:

Blog Archive

only search Neil Herron Blog