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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had cause to report an elected member of a Local Council

Resolved Question:

I have had cause to report an elected member of a Local Council for conduct not in accordance with accepted best practice. A hearing took place, the decision made being not subject to appeal, at which I was not allowed to attend, nor was I advised of the date! The elected member was allowed to comment in writing on what I reported, but, although I asked, I was not allowed to see what he wrote. I believe this to be an unreasonable way to conduct an enquiry, when one party has more information than the other. Also, I do not know what was written by the Chairman of the Committee in informing the person of the results of the deliberations.
Is it?
The Solicitor advising the Committee has refused to answer any of my questions, and today has said that he will not answer any communications from me in the future.
I am frustrated in the extreme.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

What does the Council policy say about whether or not you can attend misconduct meetings etc please?

Customer:

The Council did advise me that I could not attend, but I was not aware that I would not see the reply from the elected member to my paper. I asked immediately to see the reply, but never received a reply. there

Alex Watts :

Have you asked the Council for their policy in relation to this type of matter?

Customer:

Sorry, I got distracted! Carrying on from above...there was only one meeting and it was at that meeting that the decision not send any information to me was taken, so I never had a chance to get my question answered. I was on the Council for 26 years.

Alex Watts :

Have you asked the Council for their policy?

Customer:

The policy is not to ask EITHER party to attend.

Alex Watts :

Ok - what you can do is take the following steps:

Alex Watts :

1) Write to the Chief Officer of the Council and make a formal complaint

Alex Watts :

This will then be investigated and can be reported back to you

Alex Watts :

2) If you are not happy then you can complain to your Local Councillor

Alex Watts :

They are elected and are there to do work for you

Alex Watts :

3) If the above does not work then you can complain to the Ombudsman

Alex Watts :

They are independent and can examine your complaint regarding the Council and its process

Alex Watts :

They offer a free service and can be contacted at: www.lgo.org.uk

Alex Watts :

But they would have expected you to have taken the above steps first

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

One problem, I know that the CEO was present at the meeting!

Alex Watts :

Ok - but you should still take the following steps - they must give you a final response before you can go to the Ombudsman

Alex Watts :

Can I clarify anything else?

Customer:

No thank you. I will try the CEO and seewhat happens. I had already considered the Ombudsman for a later stage. From what I have told you do you think that the Council's approach was a reasonable one?

Alex Watts :

I can't say - it really depends on their policy

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


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Customer:

The policy is as I have stated- no attendance by either party. My problem is that there is nothing stated about the complainant not receiving any statement made by the other party. The policy is silent, which is why I asked for clarification, and got no response.

Alex Watts : Indeed. Get the LGO to kook at it - they may make recommendations
Ash and 2 other Law Specialists are ready to help you