OMBUDSMAN TO QUIZ TORBAY COUNCIL ON SCALE SMASHING

B R I T I S H
W E I G H T S
&
M E A S U R E S
ASSOCIATION

PRESS RELEASE 24 JUNE 2005, LONDON,

FOR IMMEDIATE RELEASE
OMBUDSMAN TO QUIZ TORBAY COUNCIL ON SCALE SMASHING

In February 2003, a Trading Standards Officer entered Dennis Webb's fruitshop in Torbay and disabled his weighing machine with a hammer and punch.

British Weights and Measures Association has been helping Mr Webb to establish the Council's legal authority for rendering the scales inoperative. Despite repeated written requests no proper answer was forthcoming from the Council for six months during 2004. In November 2004 the BWMA lodged a formal complaint with the Council listing 10 formal protests. The Council rejected the most serious complaints but conceded that it had no legal authority to disable Mr Webb's imperial weighing machine. It offered a paltry sum in compensation to Mr Webb.

As a consequence, the BWMA, acting for Mr Webb has asked the Local Government Ombudsman to consider the following:

o That Torbay Council withheld information to which BWMA, as Mr Webb's representative, was entitled.

o That Torbay Council abused its power. By failing to provideinformation, it placed itself beyond scrutiny and therefore accountability.

o That Torbay Council obstructed our representation of Mr Webb. This is because its withholding of information prevented us from acting as his representative in any effective or meaningful way.

o That, had it not been for our intervention, Mr Webb would have been misled (whether intentionally or not) into having to apply under the Data Protection Act for the Council's legal authority to break his scales.

o We make a further complaint that the Torbay Council Customer Services Team did not apply the complaints procedure in the first instance.

If our complaints are upheld, we will be asking for:

* adequate compensation for Mr Webb;
* expenses to be paid;
* disciplinary action against the relevant employees.

END

The British Weights & Measures Association is a voluntary organisation that campaigns for choice in measures. It supports the Metric Martyrs Defence Fund (contact Tel: 0191 565 7143) for traders persecuted for selling goods in customary units. The Association assists traders who come into conflict with Trading Standards officers enforcing the EU metrication directives.

www.bwmaOnline.com www.metricmartyrs.com

Press release issued by David Delaney, BWMA PRO, tel: 01544 267197 British Weights & Measures Association, 11 Greensleeves Avenue, Broadstone, Dorset BH18 8BJ, Tel: 020 8922 0089 (24 hr answering m/c)

Patrons: Lord Monson - Vice Admiral Sir Louis Le Bailly KBE CB - Hon. Mrs.Gwyneth Dunwoody MP - Sir Patrick Moore CBE