Unlawful: Auditor’s verdict on council staff using taxpayers cash to sue bloggers

blogger jacqui thompson Pic courtesy: carmarthenplanning.blogspot.com

blogger jacqui thompson
Pic courtesy: carmarthenplanning.blogspot.com

A decision by the Wales Audit Office in the last few days should send shivers down the spines of senior council staff thinking of using taxpayer’s money to silence bloggers.
The audit office have ruled that Carmarthenshire County Council acted illegally by indemnifying its chief executive,Mark James,in a libel action involving local blogger,Jacqui Thompson.
She has been involved in a long running libel case – which is due to go to appeal – over corruption allegations in Carmathenshire Council. Mr Justice Tugenhat ruled that she had run a “unlawful campaign of harassment, defamation and intimidation” against senior officials through her blog posts. The situation escalated when she was arrested for filming a council meeting on a mobile phone.
She has been ordered to pay £25,000 damages to Mr James and is facing bankruptcy after facing a £230,000 in legal costs run up by the authority in fighting the action. The court ruling was seen as having a chilling effect on the right of bloggers to criticise and comment on local council affairs.
Even Eric Pickles, the communities secretary, expressed concern over this ruling – though it is outside his jurisdiction in devolved Britain to act.
Now Anthony Barnett, the Wales Audit Office auditor has ruled – see BBC report – the indemnity of £23,217 is unlawful. For good measure has says a payment of over £16,000 in lieu of a pension to Mr James is also illegal.
His draft report says “I draw attention to the matters disclosed in note 6.50 to the accounts in relation to (i) remuneration totalling £16,353 paid to the Chief Executive in lieu of employer pension contributions; and (ii) £23,217 of expenditure incurred in granting an indemnity to the Chief Executive to bring a libel counter-claim against a claimant. These transactions are considered to be unlawful.”
Carmarthenshire County Council are furious and say they had taken legal advice that it was perfectly OK to use public money for staff to become involved in suing bloggers.
Its spokesman made it clear in a statement to the BBC: “Regarding the issue of the indemnity to an officer of the council to take action for libel, we would like to make it clear that we consulted the Wales Audit Office prior to the decision being taken in January 2012 and that it has taken almost two years for these concerns to have been expressed,” a spokesman said.
“We have discussed the matter with them on several occasions and in August of 2012 they indicated, in response to questions from a third party, that they agreed that the council had the legal powers to grant the indemnity.
“It is disappointing that they have now expressed a different view so late in the day, and too late for the council to act upon it.”
The consequences of this ruling are two-fold. It must question whether the council should continue to provide an indemnity to Mr James in the current appeal.
It also sends a much wider warning to senior council officials – that they should think more than twice before using public money to pursue people who are critical of them. I don’t know the rights and wrongs of the issues in her blogs, but I do think a public authority should not use public money to crush them. This is a victory for those who support free speech and unfettered debate on matters of public interest.

Paedophile MP Cyril Smith: Possible Questions for Jenny Tonge and Tim Razzall?

Tim Razzall  Emphatically says he knew nothing  Pic courtesy Liberal Democrats

Tim Razzall Emphatically says he knew nothing
Pic courtesy Liberal Democrats

Sir David Williams, former lb dem leader of Richmond Council - pic courtesy: richmond.gov.uk Sir David Williams, former lb dem leader of Richmond Council – pic courtesy: richmond.gov.uk
The Met Police’s official acknowledgement to Channel Four’s Dispatches programme that Cyril Smith visited the notorious Elm House guest house in Barnes in south-west London – which is alleged to be used by paedophiles raises serious questions for the Liberal Democrats.
So far attention has been centred on former Liberal leaders, David Steel. Nick Clegg and Sir Menzies Campbell,the latter who was shown (possibly unfairly) to be heaping praise on Cyril Smith at his funeral.
But the real Liberal Democrats who should be quizzed are Baroness Tonge, Lord Razzall and Sir David Williams on the scandalous affair that allowed Cyril Smith to sexually assault young boys.
They were the Liberal members of Richmond Council in the aftermath of highly publicised police raid on Elm Guest House and responsible – along with the previous Tory administration – for the safe keeping of children in the council’s Grafton Close children’s home.
Sir David is so much in denial that he believes that the current prosecutions by the Met Police of a senior member of council staff are only being undertaken to please the press.
Lord Razzall, who later moved a motion to sack Louis Minster, director of social services, who was in charge of Richmond’s social services at the time of the alleged abuse, told me at the time – that he couldn’t remember why he moved the motion.
However for the record he says emphatically:” I had no knowledge of the raid you refer to which in any event predated our taking control of the Richmond Council and I had never been a member of the relevant committee or a reader of the News of the World.”
“I did remember that the Chair of Social Services had lost confidence in the Director as often happened on a change of political control of a local council. You did not raise with my any issue of child abuse and indeed had you done so I would have told you that the Directors’ retirement had nothing to do with the events you referred to in your blog. Indeed had you raised them with me it would have been the first time I was aware of them.”
“In the current climate there can hardly be a more serious libel than to allege that I may have covered up Cyril Smith’s visits to Elm Guest House so that he could go on to abuse others.
“For the record, I only became aware of the allegations about Cyril Smith in 2013, fifteen years after I ceased to be a Richmond Councillor.”

Jenny Tonge: Silence pic courtesy: The Guardian

Jenny Tonge: Silence
pic courtesy: The Guardian

And Jenny Tonge, then chair of the social services committee, who was informed of the scandal, and under her watch there were fresh attempts to raise the scandal,is refusing to say anything – even before people were arrested and charged.
Obviously all three can at the moment shelter behind the sub judice rules but when the trial is over next summer – they should be pursued to provide an explanation. At last Tim Razzall has made his views clear now.
But one must at least ask – did they know about Cyril Smith’s visits to Elm Guest House?-

Operation Fernbridge: Two appear in court

John Stingemore,the former deputy manager of Grafton Close children’s home in Richmond and Father Patrick McSweeney,a former Roman Catholic priest, appeared before Westminster magistrates court today. This is the first court appearance of people arrested under Operation Fernbridge
They were both bailed to appear before Southwark Crown Court on September 18.
A full report on the hearing which is subject to reporting restrictions appears on the Exaro website.
Father McSweeney’s lawyers said he intended to plead not guilty to five offences relating to the historic child abuse investigation in Richmond, Surrey. Mr Stingemore has entered no plea against 11 charges against him.

Coming your way: £3.8 billion to spend on public health

Norman Lamb: off the cuff and off piste at Localis  Pic courtesy of The Guardian

Norman Lamb: off the cuff and off piste at Localis
Pic courtesy of The Guardian

In the middle of the biggest wave of austerity to hit England since the 1930s a cool £3.8 billion will be handed over to your local town hall and local NHS from 2015. The aim will be to switch money from your big hospital to your local community to spend on public health and social care.
Do you trust your local council to spend it wisely? Who will know what it has been spent on? and it will it unleash clever new ideas as promised to help local people?
This was a point of a press conference yesterday by the rather arcane titled think tank,Localis,to publish a report asking precisely that. Read it here.
It was launched by a Liberal Democrat health minister Norman Lamb, who began well by throwing his boring Whitehall brief on the floor and launching a passionate off the cuff speech calling for new ideas to stimulate local public health services.
As he was off piste, he refreshingly condemned those private companies exploiting lowly paid care workers, some even on below minimum wage rates,or zero hour contracts, and not being paid for travel between seeing different customers. He might have added that they should join a good union like Unite or GMB to take up their plight, but then he is a Liberal Democrat.
What is interesting about this initiative is that it might do some good. It means more freedom and money for local people to find ways to help the elderly, disabled, the local alcoholics and drug takers and if combined with better housing, transport, planning, job creation and children’s services it might make a difference.
But it is a big IF and it is clear from the Localis report that people have to be made accountable for how this money is spent and that has not been properly worked out. As the brilliant local government expert Tony Travers put it, that you know better who to complain about the dustbins than you do over public health. And he did not get a satisfactory answer from the minister.
In Berkhamsted as a previous blog pointed out we already have the makings of this at Gossoms End, a NHS community hospital with a GP surgery, a nursery, physio and local sheltered housing attached to get good local care. The minister said that the people of Great Yarmouth and Yeovil are also soon to benefit from new community schemes.
In the meantime an invitation to see Gossoms End is still there, Norman. That is if you can get your bossy civil servants to give you any space in your diary. And they may lynch you for throwing away their boring prepared speech.

Elm Guest House – “Mary Moss” files

This is another significant post from Chris Fay, who has campaigned tirelessly to bring sexual abusers of children to justice, about a document on Elm Guest House in Barnes which has led to fevered speculation on the internet about a cover up of prominent figures who could have sexually abused children there. What he is saying here is that the victims are genuine but do not automatically assume that all the adults who are alleged to have stayed there are abusers. This does not mean that on going investigations under Operation Fernbridge will not lead to further arrests.

chris46's avatartheneedleblog

In the interests of accuracy, and to protect the reputations of innocent people, I would like to set the record straight about certain things contained in the “Mary Moss” files placed online last year.

These were mostly handwritten notes made on a daily basis concerning NAYPIC’s investigation into complaints from young people in the care of Richmond of abuse at Grafton Close Children’s Home, and elsewhere, including the Elm Guest House in Barnes from 1977 to 1982.

Unfortunately, being just notes, they have no real context.  I will try to provide that.  Amongst the documents is a list of boys names. These are VICTIMS not abusers.  These were the names of young people who had complained to us, were strictly confidential and should never have been made public.  Due to the unfortunate circumstances around the police raid on Mary Moss’s home, these were released online.

Also included was a list…

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Exaro News: Pay wall scrapped – It’s all free

You can now read all my stories and many other good scoops on the Exaro website free of charge.
Just like my old employer The Guardian and unlike Rupert Murdoch’s Sun and Times there is no longer a pay wall between you and the story.
So go to the site and see and hear the full private Murdoch ” tape”; all the stories about Ed Lester, the former head of the Student Loans Company now at the Land Registry and his tax avoidance; all the stories on the Operation Fernbridge historic paedophile investigation; the government’s flawed plan to abolish the Audit Commission and embarrassing disclosures about the activities of the Serious Fraud Office.
Exaro is now funding its activities with a big expansion in data journalism -aimed at business.
Go on indulge yourself!

The dodgy background behind child abuse at Kincora and Richmond

This post is worth reading for those following the Kincora and Richmond child sexual abuse scandals after the release of Cabinet papers showing that the Thatcher Cabinet discussed and rejected a full scale inquiry into Kincora in 1983. This post is from Chris Fay, who has tirelessly campaigned for justice for kids abused at Elm Guest House. I am not certain about the claim of a Cabinet committee meeting on August 24 1982 to discuss Elm Guest House raid. But the post shows up what a murky world existed at both Kincora and Richmond and also suggests a link between them which I am becomingly increasingly interested in exploring. Chris Fay should be taken seriously because of his involvement in the case at the time of the first raid.

chris46's avatartheneedleblog

Those who have followed events at the Elm Guest House in Barnes, until it was closed down in a “police” raid in 1982, will know there has always been some dispute over the nature of the raid that took place. Carol Kazir (and her legal team) always insisted that this raid was carried out under the Prevention of Terrorism Act 1976. The police and government have always insisted it was under vice law legislation. All I can say is, Carol gave me the “notice to detained persons” issued under the Act, to stop her talking to a lawyer. This I gave to the coroner at Carol Kazir’s inquest in the summer of 1990.

Why has this always been so important and what did it matter which law was used to conduct the raid? Well, without benefit of counsel, Special Branch were the first to question her. They were not interested…

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First charges in Richmond paedophile ring scandal

Two people were charged last night by the Met Police after authorisation by the Crown Prosecution Service in the Operation Fernbridge investigation.

John Stingemore,now 71 and the former deputy manager of Grafton Close children’s home was charged with eight counts of indecent assault, one charge of conspiracy with others unknown to commit buggery and two charges of taking indecent images of a child .

Father Tony McSweeney, aged 66,then a trainee Roman Catholic priest was charged with three counts of indecent assault, three counts of making indecent images of children,one charge of taking an indecent image of a child and a charge of possessing indecent images of children.

An updated report is on the Exaro News website.

The assaults involve seven children aged between nine and fifteen in the 1970s and 1980s. Both accused will appear before Westminster magistrates court in September.

Police are continuing their investigation into Elm Guest House,Barnes where it is alleged that boys were sexually assaulted by VIPs. The manager of the guest house, Harry Kasir, was recently arrested by the Met police, for having indecent images of children on his computer.

For legal reasons it is not possible to make any further comment because of the pending trial – a point made by the CPS in a blog statement today.

However as Richmond Council are not on trial I think a number of Conservative and Liberal Democrat councillors and former councillors in that borough have a lot of questions to answer .They all repeatedly denied to me that they knew anything about  any child sexual abuse in that borough. Without my original source none of this would have been reinvestigated by the police.

Police arrest manager of Elm Guest House

The former Elm Tree Guest House in Barnes Pic Courtesy: Exaro

The former Elm Tree Guest House in Barnes, south west London Pic courtesy: Exaro

Harry Kasir, the former manager of the  Elm Guest House  where it is alleged that young boys were sexually assaulted by VIPs, and politicians in the early 1980s, was arrested by the Met Police Paedophile Unit  yesterday.

The full story is on the Exaro News website. It is a significant development by Operation Fernbridge, which has already arrested and bailed two other people in connection with the 1980s scandal. They are John Stingemore, who ran Grafton Close, the Richmond Council children’s home, where it is alleged boys in council care were taken to Elm Guest House in Barnes. The other arrested person, Father Tony McSweeney,is a Roman Catholic priest.

The Met Police in a statement confirming the arrest  but not naming Mr Kasir, aged 69, said he had been detained on suspicion of having indecent pictures of children, He was bailed until September.

Previous stories on this site on Mr Kasir are  (https://davidhencke.wordpress.com/2013/02/20/will-elm-guest-house-man-quit-britain/) and ( https://davidhencke.wordpress.com/2013/01/20/police-raid-home-of-former-gay-guest-house-contact-in-paedophile-investigation/).

Defamation Act 2013: A boost for free speech, Part 2: Public Interest and Privilege – Timothy Pinto

This is a second good piece of news for bloggers who follow political scandals, local councils, the NHS and bad practice in public services. You needn’t worry if you don’t get it 100 per cent right.You are going to have new rights protecting your reporting and comments so long as you can justify it is the public interest and produce fair accounts of public events. The great thing is you can report public protest meetings with full protection. Another invaluable piece of legal advice for all those following public affairs.

INFORRM's avatarInforrm's Blog

Houses of ParliamentIn this second part of four posts by Timothy Pinto of Taylor Wessing, he considers the changes to common law and statutory privilege which will result from the Defamation Act 2013. Part 1 on “Serious Harm, Truth and Honest Opinion” can be found here.

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