Material Facts Relating to Lawful Apropriation s 122 of Local Government Act and Constitutional Process

The request was refused by Bradford City Council.

Dear Kersten England

Please find attached a request duly made made in the Public Interest. The FOI request is Directed to Ms Kersten England CEO , City of Bradford Metropolitan Council for avoidance of doubt would be responsible for any failing , act or omission undertaken by The Council or the upholding of Constitution or any process within it and would request a signed response confirming a full awareness of the matters raised

(i) Please provide details of all operational instructions provided to junior and administrative or switchboard staff regarding enquiries made to the office of CEO resulting in Confidential or HLE (High Level Enquiries ) being deferred

In the matter of Non Payment of Council Tax by the Leader of Bradford Council Mr David Green this year . I request that the council provide in the Public Interest the following information

(i) Whether that individual was fiscally more than one month in arrears at any given time
(ii) When such arrears occurred (Periods) and for for avoidance of doubt ( what period they persisted over
(iii) Details of any papers or declarations held as part of electoral process declaring No Arrears
(iv) Details of all committees that the Leader has sat upon or presided upon for avoidance of doubt participated in , made a decision on or influenced an outcome financial or otherwise
(v) Confirmation that any or all of these matters have been investigated in the context of the Local Government Finance Act in the interest of Probity of The City

Matter Appropriation of Public Open Spaces ( POS) & Assett Management -

That in the Matter of Woodside Play Area dealt with by Mr Hartley Director Sport & Recreation and sub sequentially auctioned part thereof after attaining a £60 K Government Grant

(i) Please provide details of Advertisement under ss122 of The Local Government Act appropriating Public Open Space for this site ( for avoidance of Doubt Play Area Meadway , Brow Woods BD6 2SPand requested of Mr Dwyer( Solicitor) and Mr Winters (Solicitor) for sometime outstanding

(ii) Please provide details of the conveyancing chain and legal advisors engaged or instructed on advising on the matter

(iii) Please provide appraisal report on Best Value Consideration in the disposal of this asset by auction , fees and officer time for avoidance of doubt the Sale Value of the asset after costs and auction and by whom completed (outstanding enquiry)

Matter of Apropriation of Wibsey Fair, Fair Road , Wibsey

(i) Please provide details times and dates of all engagements, discussion, which the council allege to have undertaken in the process of lawful appropriation made by objectors , duly made . Please respond with specific regard to the Act (i) To include an exhaustive report as to why the land was no longer needed (ii) What land would be given in lieu (iii) what market rights existed under to interpretation of the Doomsday Book or otherwise (iv) what arrangements where in place to allow the Follyhall Rd use to use the Fairground to perpetuate the right in sucession to exercise horses for travellers in regard to the anual horse fair (v) what the Council assume to be the legal definition of Fair (vi) Why the only consultees where a Fairmans Guild consisting of the only contracted party with City of Bradford not that at large with Right to Use (v) what other users where likely to be affected

(ii) Please provide details indicating that the land was no longer required for its intended purpose by the above named officer deemed to have appropriated it

(iii) Please provide details of Delegated Power , relevant to the named signatory , for avoidance of doubt Mr Steve Hartley , for avoidance of doubt , any meeting held in accordance with the councils constitution , delegating authority under the Process of Delegation of Officer Powers at any time prior to the signatory date

(iv) or in the alternative , that which the council, takes to rely upon as a lawful basis to supersede the duties inherent under the Local Government Act which protects or affords process to the taking of Open Space. Please therefore with due regard to the Councils Constitution with reference to Page 91 Table “ Statutory and Proper Officers “identify under what remit Mr Hartley acted in accordance with that clearly defined and to supply any document affording that delegated authority to the named party

(v) Please identify , given Mr Hartleys absence at Corporate Scrutiny and Overview what
delegated powers the officers presenting the case with reference Page 91 Table “ Statutory and Proper Officers of the council constitution had in the furtherance of this matter with specific reference to the Local Government Act under Item E of the agenda and for that matter at Call in at Scrutiny and Environment

(vi) Thereafter please provide the express advice given to Corporate Committee and by which solicitor , which by implication allowed members who did not hold proper or statutory office in accordance with the constitution had a right over rule objections duly made as a lawful process as part of a Corporate Body,
Executive Powers do not supersede the law , no one is above the law.

(vii) Please provide the Date to which the Officer Appropriated the decision and whether that decision was arrived at before committee

(viii) In accordance with14.25B2 please provide an evidential record of the decision taken along with reasons for the decision;

(ix) Please provide the constitutional basis as to why matters of administration relevant to s122 of The Local Government Act where being handled by the Receiving Directorate Highways and on what authority the receiving directorate had to assume objections duly made would be no longer considered if not responded. Please identify Which of those officers Mr Geldard and one other was delegated to be a Statutory or Proper Office and whether in their undertaking as a consequence acted ultra vires

(x) Please identify as requested any site of any document submitted by Mr Hartely as evidence or Mr Geldards regarding a notional petition taken some years previous to the beginning of the lawful process specifically identifying the wording on the Questionnaire relevant to open space or apropriation

(xi) Please provide details of the lease , a lease being a contract made , outside process, to which the advertisement made reference in error as part of statutory notice. Please confirm in writing that the City accepts a Statutory notice with error to be acceptable under the principles of Wednesbury

(xii) Please confirm that an error was made on advertisement of notice that implied objection relation specifically to a lease or in the alternative a copy of the notice demonstrating it was not clear

(xiii) Please provide details of set aside funding for the Site at Wibsey Fair for avoidance of doubt, The amount sequestered in Total, the amount set aside incrementally and when, The Budget and its designated funding use – that given to be visible and known to the District Auditor. And any report indicating how the Car Park would over the course of 3 years contribute to Road Safety ( Safer Roads Budget )

(xiv) Please provide copies of the committee decisions identifying which members voted for appropriation at the Executive Corporate Meeting of and which against viz the release at call in Environment & Scrutiny 29th June 2016 Please identify clearly as a matter of record all those Councillors who made declaration of conflict of interest but persisted in the decision making process , for avoidance of doubt , that given to include any member who participated in the South Bradford Area Committee that was responsible for funding acquisitions, any member on a planning panel relevant to the that matter, Please identify any member who held port folio or cabinet decisions that would likely have prejudiced the same that did not declare an interest Re Planning, Transportation and Design
Please provide as requested

(i) Details of the City Solicitors SRA ( Soliicitors Regulatory Authority ) number or any practice identification held by the authority (as requested and outstanding in person )

(ii) Details , for avoidance of doubt , date of commencement of any contract relating to the post of City Solicitor (as requested and outstanding from HR )

(iii) Please confirm and provide any instruction given to or executed by any Solicitor Acting on Behalf or engaged by of The City of Bradford Metropolitan Council relating to any matters presented under diverse acts, to which the authority is incumbent by Duty , a duty being required in law , for avoidance of doubt Statutes of England and Wales , relating to Mr Colin Duke or Ms Debbie Fitzpatrick

(iv) Please provide letter of correspondence relating to separate matter Mr Winters View on Challenge Fitzpatrick versus City of Bradford MDC regarding funding and any alleged threat to recover personal assets ( for avoidance of doubt retained elsewhere ) to myself D. Fitzpatrick

(v) Please confirm and provide details of any instruction put in place by a Council Officer in writing , verbally recorded minutes or any IT system that has or would interfere in lawful communication duly made under any Statute or Act many and diverse or amount to interception by instructing members to forward confidential correspondence for either signatories on this request

(vi) Any and all forms of correspondence /communications, letters, emails, fax, and records in relation to all dialogue between any member legal or other employed by Bradford Metropolitan Council (whether or not a third party) and any member of 9 stone buildings London in particular any form of correspondence to or from Mr. V Chapman and Miss L Wood in relation to the application to Register land as a town or village green application VG 10 made to Bradford Metropolitan Council on the 1st April 2005 and relevant to the principle and co-applicant as a matter of Public Interest and consideration

In the Matter of representation by elected members (Councillors!) and as agents of the Council. Two of whom hold Cabinet positions in the same ward " Royds "

(i) Please provide details from all correspondence from the elected Members Clr Val Slater and Clr Andrew Thornton indicating that they could not or would not under Section 3:3:3 of The Councils Constitution represent Constituents Concerns and in the former would not engage in any Planning representation for constituents because they had a Conflict of Interest

(ii) Please provide details of that interest referred to or any reason from the same from any source ( Letter emails Planning file etc ) regarding their failure to represent constituents in accordance with the Code of Conduct

We remain

C Duke and DM Fitzpatrick

Appendix

Councils Constitution Extract Pursuant to Article 14:20

14.20 The Council and the Executive delegate to the Chief Executive and Strategic Directors, City Solicitor and Directors and any officer acting in her/his place in accordance with paragraph 14.25 the authority to:
14.20.1 Implement decisions of the Council, the Executive, the Council’s committees and sub-committees in the discharge of the Council’s functions within their area of responsibility, including policy, strategy, executive, regulatory and operational decisions.
14.20.2 Take all routine decisions including those of a professional, managerial, operational or regulatory nature in relation to the discharge of the Council’s and the Executive’s functions within their area of responsibility.
14.20.3 Take decisions in relation to the discharge of the Council’s and the Executive’s functions within their area of responsibility after consultation with the Leader of Council, Deputy Leader, appropriate Executive member with portfolio or chair of the appropriate committee or subcommittee.
14.20.4 In relation to matters not falling within paragraphs
14.20.1 to 14.20.3 above, submit a report and make recommendations as appropriate to the Council, the Executive, a committee or sub-committee.
14.20.5 Take decisions in relation to the discharge of any of the Council’s or the Executive’s functions in cases of emergency.
14.21 The officer shall always be entitled to refer a matter to the Executive or appropriate committee or sub-committee for decision where s/he considers it expedient to do so.
14.22 The officer may authorise an officer(s) to exercise, on her/his behalf, functions delegated to her/him. Any decision taken under this authority shall remain the responsibility of the relevant officer named in paragraph 14.20 above and must be taken in the name of that officer who shall remain accountable and responsible for such decisions.
14.23 In discharging delegated functions officers shall;
14.23.1 Comply with all relevant legislation.
14.23.2 Comply with the Constitution of the Council and relevant guidance.
14.23.3 Have regard to Best Value principles and use the most efficient and effective means available, including the deployment of staff and other resources under their control and the procurement of other resources as may be necessary whether within or outside the Council. 14.23.4 Act in accordance with the policies, strategies and objectives of the Council.
14.23.5Have regard to the corporate interests of the Council.
14.24 Officers discharging functions, other than those which relate to her/his area of responsibility, under paragraph
14.20.5 above must report any action taken to the Executive, Health and Well-Being Board or Regulatory and Appeals Committee whichever is the appropriate body.
14.25 Where an officer referred to in paragraph 14.20 above is to be absent for any period, s/he or the Chief Executive, Strategic Director, Director or City Solicitor as appropriate, must nominate in writing another officer to act in her/his place during their absence.
Recording of Decisions taken by Officers under Delegated Authority
14.25A Where an officer makes an executive decision either in accordance with articles 14.20 to 14.25 above or in accordance with specific delegation from a meeting of a decision-making body, that decision must be recorded and published in accordance with rules 14.4, 14.5, 14.6 and 14.7 of the Executive Procedure Rules.
14.25B Where an officer makes a decision which is not an executive decision, either in accordance with articles 14.20 to 14.25 above or in accordance with specific delegation from a meeting of a decision-making body, the effect of which is to grant a permission or licence, to affect the rights of an individual; or to award a contract or incur expenditure which, in either case, materially affects the Council’s financial position, the decision-making officer must produce a written record of the decision as soon as reasonably practicable after the decision has been made which must contain the following information: 14.25B1 the date the decision was taken;
14.25B2 a record of the decision taken along with reasons for the decision;
14.25B3 details of alternative options, if any, considered and rejected; and 14.25B4 where the decision was made under specific delegation from a decision-making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision.
14.25C The duty imposed by article 14.25B is satisfied where, in respect of a decision, a written record, containing the date the decision was taken and the reasons for the
Review of Officer Decisions
14.26 Where a specific appeals procedure does not exist, any member may request that any officer decision taken under delegated powers be the subject of a review by the Executive, Health and Well-Being Board, Regulatory and Appeals Committee, Staffing Committee, Standards Committee or a sub-committee as may be appropriate.
14.27 A review does not invalidate any action taken on the decision or remove the delegation to the officer to take the decision, but the reviewing body may, so far as it is lawfully permissible, substitute its own decision for that made by the officer.
14.28 These arrangements do not apply to an officer decision that consists of the implementation of a Council policy determined within the past six months.
Appointment of Proper Officers 14.29 An officer referred to paragraph 14.20 above is the proper officer for all purposes relating to her/his area of responsibility.
14.30 The Chief Executive shall, where necessary, appoint proper officers for the discharge of the Council’s functions where an appointment is required by any legislation.

Yours faithfully,

CV Duke , DM Fitzpatrick

Dear Bradford City Council,

FAO Kersten England CEO / FOI Officer Bradford Council

I refer to your failure in Law to supply information relevant to the process of assert appropriation in compliance with the law . Please respond clearly stating reasons given for any delay given these questions gave been asked of and during process and of which are themselves requisite of Law

Yours faithfully,

Colin Duke

Freedom of Information, Bradford City Council

Dear Mr Duke,

I am sorry you have not had a response to your request, I am looking into and will get back to you soon.

Kind regards

Dani

Miss Dani Mistry
Information Governance Officer
City of Bradford Metropolitan District Council- Department of Finance 
1st Floor Britannia House, Hall Ings, Bradford BD1 1HX
Tel: 01274 434139

For Freedom of Information requests, please visit our website http://www.bradford.gov.uk/foi before you submit a request as you may find the information and data that you want in the data that we already publish in our Publication Scheme.  The Scheme has a significant amount of information which is available to you, without the need for a specific request, and describes how we work and how to obtain information published by our various departments.
This e-mail, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this e-mail has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immedately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this e-mail may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Bradford Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail. E-Mails may be subject to recording and / or monitoring in accordance with relevant legislation.

Please consider the environment before printing this email

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Dear Dani mistry

Thank you for taking the call on your dinner hour and indicating you would return the call when you returned to your office with a view to providing an answer to some of the facts by 4 o'clock Thurs 4th August 2016 which you did not appear to do

I understand you clarified that one of the solicitors is on leave for two weeks which does not account for the lack of response 4 weeks prior to the same in the making of the request.

Can you please clarify the reason for delay

As Governance officer you will be aware it is not for the Council to extend the time limits given in law in the making of this request by law, the authority should normally have responded promptly. It is not for the Council to extend the limits of the law

If I have had not heard expediently from you I will refer the matter to the Information commissioner as unmet with a view elsewhere of frustrating statutory process

Yours sincerely,

Colin Duke

Dani Mistry, Bradford City Council

Dear Mr Duke,

 

Further to my emailed dated 2^nd August which I have looked into, please
accept our apologies for the length of time in providing the Council's
responses. However requests for information that is recorded are generally
governed by the FOI Act. The information you have requested is
environmental and it is therefore exempted from the provisions of FOI Act
under part 2 s.39 (1). We will therefore consider your request under the
provisions of the EIR. The Regulations allow us 20 working days to respond
to a request from the date of its receipt. However, it is occasionally
necessary to extend the 20-working-day time limit for issuing a response
because of the complexity and volume of the information makes it
impractical for the authority to respond within the original deadline. In
this case, I regret that we must extend the time limit for responding by
another 20 days because of the complexity and volume of the request but
are able to provide the following information below where we can:

 

I hope to let you have a full response by 19 August 2016. If there is any
further delay I will keep you informed.

 

i)     Please provide details of all operational instructions provided to
junior and administrative or switchboard staff regarding enquiries made to
the office of CEO resulting in Confidential or  HLE (High Level Enquiries
) being deferred. 

 

Response: No instructions have been provided other than enquiries about
your current complaint that these should be referred to Richard Winter who
is dealing with your complaint. 

In the matter of Non Payment of Council Tax  by the Leader of Bradford
Council Mr David Green this year . I request that the council provide in
the Public Interest the following information

 (i)            Whether that individual was fiscally  more than one month
in arrears at any given time 

Response: We can confirm that Mr Green was never more than one month in
arrears

(ii)           When such arrears occurred  (Periods) and for for avoidance
of doubt ( what period they persisted over  

Response: As he was not more than one month in arrears then there is no
response to this question

(iii)          Details of any papers or declarations held as part of
electoral process declaring No Arrears 

Response: In relation to whether there are arrears or not the electoral
process does not contain, or require such paperwork or declarations to be
made.

(iv)         Details of all committees that the Leader  has sat upon or
presided upon for avoidance of doubt participated in, made a decision on
or influenced an outcome financial or otherwise

Response: Please refer to the Meetings, Reports and Agenda part of the
Council's website
[1]https://www.Bradford.gov.uk/your-council...
relating to the Executive meetings and Budget Council meetings. 
This shows the Executive Committee meetings which Councillor Green
attended as Leader during each municipal year.  In addition he
attended the meeting of Budget Council held on 25 February 2016.  

 

(v)   Confirmation that any or all of these matters have been investigated
in the context of the Local Government Finance Act  in the interest of
Probity of The City

 Response: Not applicable. No Council member was 2 months in arrears when
they voted at this year's Budget Council 

Matter Appropriation of Public Open Spaces ( POS)  & Asset Management 

That in the Matter of Woodside Play Area   dealt with  by Mr Hartley 
Director Sport & Recreation and sub sequentially auctioned part thereof
after attaining a £60 K Government Grant

(i)   Please provide details of Advertisement under ss122 of The Local
Government Act appropriating Public Open Space for this site ( for
avoidance of Doubt Play Area Meadway , Brow Woods BD6 2SPand requested of
Mr Dwyer( Solicitor)  and Mr Winters (Solicitor) for sometime outstanding

(ii)           Please provide details of the conveyancing chain and legal
advisors engaged or instructed on advising on the matter

(iii)          Please provide appraisal report  on Best Value
Consideration in the disposal of this asset by auction  ,  fees and
officer time for avoidance of doubt the Sale Value of the asset after
costs and auction and by whom completed (outstanding enquiry)

Matter of Appropriation of Wibsey Fair, Fair Road , Wibsey

(i)            Please provide details times and dates of all engagements,
discussion,  which the council allege to have undertaken in the process
of  lawful appropriation made by  objectors , duly made . Please respond
with specific regard to the Act (i) To include an exhaustive report as to
why the land was no longer needed (ii) What land would be given in lieu
(iii) what market rights existed under to interpretation of the Doomsday
Book  or otherwise (iv) what arrangements where in place to allow the
Follyhall Rd  use to use the Fairground to perpetuate the right in
sucession to exercise horses for travellers in regard to the annual horse
fair  (v) what the Council assume to be the legal definition of Fair (vi)
Why the only consultees where a Fairmans  Guild consisting of the only
contracted party with City of Bradford not that at large with Right to Use
(v) what other users where likely to be affected

(ii)           Please provide details indicating that the land was no
longer required for its intended purpose by the above named officer deemed
to have appropriated it

(iii)          Please provide details of Delegated Power , relevant to the
named signatory , for avoidance of doubt Mr Steve Hartley  , for avoidance
of doubt , any meeting held in accordance with the councils constitution ,
delegating authority under the Process of Delegation of Officer Powers at
any time prior to the signatory date

(iv)         or in the alternative , that which the council, takes to rely
upon as a lawful basis to supersede the duties inherent under the Local
Government Act which protects   or affords process to the taking of Open
Space. Please therefore with due regard to the Councils Constitution 
with  reference  to Page 91 Table “ Statutory and Proper Officers
“identify under what remit Mr Hartley acted in accordance with that
clearly defined and to supply any document affording that delegated
authority to the named party

(v)          Please identify , given Mr Hartleys absence at Corporate
Scrutiny and Overview what

delegated powers the officers presenting the case with reference Page 91
Table “ Statutory and Proper Officers of the council constitution had in
the furtherance of this matter with specific reference to the Local
Government Act under Item E of the agenda and for that matter at Call in
at Scrutiny and Environment

Response: Please refer to officers' delegated powers (Article 14.20) in
the Council's Constitution as attached     

 (vi)         Thereafter please provide the express advice given to
Corporate Committee and by which solicitor , which by implication 
allowed  members who did not hold proper or statutory office in accordance
with the constitution had a right  over rule objections duly made as a
lawful process as part of a Corporate Body,

Executive Powers do not supersede the law , no one is above the law.

(vii)        Please provide the Date to which the Officer Appropriated the
decision  and whether that decision was arrived at before committee

(viii)       In accordance with14.25B2 please provide an evidential 
record of the decision taken along with reasons for the decision;

(ix)         Please provide the constitutional  basis as to why matters of
administration relevant to s122 of The Local Government Act where being
handled by the Receiving Directorate Highways and on what authority the
receiving directorate had to assume objections duly made would be no
longer considered if not responded. Please identify Which of those
officers Mr Geldard and one other was delegated to be a Statutory or
Proper Office and whether in their undertaking as a consequence acted
ultra vires

(x)          Please identify as requested any site of any document
submitted by Mr Hartely as evidence or Mr Geldards regarding a notional
petition taken some years previous to the beginning of the lawful process
specifically identifying the wording on the Questionnaire  relevant to
open space or appropriation

(xi)         Please provide details of the lease , a lease being a
contract made , outside process, to which the advertisement made reference
in error as part of statutory notice. Please confirm in writing that the
City accepts a Statutory notice with error to be acceptable under the
principles of Wednesbury

(xii)        Please confirm that an error was made on advertisement of 
notice   that implied objection relation specifically to a lease  or in
the alternative a copy of the notice demonstrating it was not clear

(xiii)       Please provide details of set aside funding for the Site at
Wibsey Fair for avoidance of doubt, The amount sequestered in Total, the
amount set aside incrementally and when,  The Budget and its designated
funding use – that given to be visible and known to the District Auditor.
And any report indicating how the  Car Park would over the course of 3
years contribute to Road Safety ( Safer Roads Budget )

(xiv)       Please provide copies of the  committee decisions identifying
which members voted for appropriation at the Executive Corporate Meeting
of and which against viz the release at call in Environment & Scrutiny
29th June 2016  Please identify clearly as a matter of record all those
Councillors who made declaration of conflict of interest but persisted in
the decision making process  , for avoidance of doubt , that given to
include any member who participated in the South Bradford Area Committee 
that was responsible for funding acquisitions, any member on a planning
panel relevant to the that matter, Please identify any member who held
port folio or cabinet decisions that would likely have prejudiced the same
that did not declare an interest Re Planning, Transportation and Design

Please provide as requested

(i)            Details of the City Solicitors SRA ( Soliicitors Regulatory
Authority ) number or any practice identification held by the authority 
(as requested and outstanding in person )

Response: We have already provided you with this information which is in
the public domain.  The City Solicitor's SRA number is 292436 

 (ii)           Details , for avoidance of doubt , date of commencement of
any contract relating to the post of City Solicitor (as requested and
outstanding from HR )

Response: The City Solicitor's contract of employment commenced on 16 May
2016.

(iii)          Please confirm and provide any instruction given to or
executed by any Solicitor Acting on Behalf or engaged by of The City of
Bradford Metropolitan Council relating to any matters presented under
diverse acts, to which the authority is incumbent  by Duty , a duty being
required in law , for avoidance of doubt Statutes of England and Wales ,
relating to Mr Colin Duke or Ms Debbie Fitzpatrick

(iv)         Please provide letter of  correspondence relating to separate
matter  Mr Winters View on Challenge Fitzpatrick versus City of Bradford
MDC regarding funding and any alleged threat to recover personal assets  (
for avoidance of doubt retained  elsewhere )    to myself D. Fitzpatrick

(v)          Please confirm and provide details of any instruction put in
place by a Council Officer in writing , verbally recorded minutes or any
IT system  that has or would interfere in lawful communication duly made
under any Statute or Act many and diverse or amount to interception by
instructing members to forward confidential correspondence  for either  
signatories on this request

(vi)         Any and all forms of correspondence /communications, letters,
emails, fax, and records in relation to all dialogue between any member
legal or other employed by Bradford Metropolitan Council (whether or not a
third party) and any member of 9 stone buildings  London in particular any
form of correspondence to or from Mr. V Chapman and  Miss L Wood in
relation to the application to Register land as a town or village green
application VG 10  made to Bradford Metropolitan Council on the 1st April
2005 and relevant to the principle and co-applicant as a  matter of Public
Interest and consideration

In the Matter of representation by elected members (Councillors!)  and as
agents of the Council. Two of whom hold Cabinet positions in the same ward
" Royds "  

(i)            Please provide details from all correspondence from the
elected Members Clr Val Slater and Clr Andrew Thornton indicating that
they could not or would not under Section 3:3:3 of The Councils
Constitution represent Constituents Concerns and in the former would not
engage  in any Planning representation for constituents because they had a
Conflict of Interest

(ii)           Please provide details of that interest referred to or any
reason from the same from any source  ( Letter emails Planning file etc
)   regarding their failure to represent constituents in accordance with
the Code of Conduct

Once again please accept our apologies for this delay but we need to
extent the time limit to response under EIR.

Kind regards

Dani

 

Miss Dani Mistry

Information Governance Officer

City of Bradford Metropolitan District Council- Department of Finance 

1st Floor Britannia House, Hall Ings, Bradford BD1 1HX

Tel: 01274 434139

 

For Freedom of Information requests, please visit our website
http://www.bradford.gov.uk/foi before you submit a request as you may find
the information and data that you want in the data that we already publish
in our Publication Scheme.  The Scheme has a significant amount of
information which is available to you, without the need for a specific
request, and describes how we work and how to obtain information published
by our various departments.

 

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this e-mail has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immedately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail. E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

Please consider the environment before printing this email

 

show quoted sections

Dani Mistry, Bradford City Council

1 Attachment

My apologies I forgot to attached the document with my response.

 

Regards

 

Dani  

 

Miss Dani Mistry
Information Governance Officer
City of Bradford Metropolitan District Council- Department of Finance 
1st Floor Britannia House, Hall Ings, Bradford BD1 1HX
Tel: 01274 434139

Please consider the environment before printing this email

 

From: Dani Mistry
Sent: 08 August 2016 07:21
To: 'Colin Duke'
Cc: Debbie Newman; Parveen Akhtar
Subject: RE: FOI-June104

 

Dear Mr Duke,

 

Further to my emailed dated 2^nd August which I have looked into, please
accept our apologies for the length of time in providing the Council's
responses. However requests for information that is recorded are generally
governed by the FOI Act. The information you have requested is
environmental and it is therefore exempted from the provisions of FOI Act
under part 2 s.39 (1). We will therefore consider your request under the
provisions of the EIR. The Regulations allow us 20 working days to respond
to a request from the date of its receipt. However, it is occasionally
necessary to extend the 20-working-day time limit for issuing a response
because of the complexity and volume of the information makes it
impractical for the authority to respond within the original deadline. In
this case, I regret that we must extend the time limit for responding by
another 20 days because of the complexity and volume of the request but
are able to provide the following information below where we can:

 

I hope to let you have a full response by 19 August 2016. If there is any
further delay I will keep you informed.

 

i)     Please provide details of all operational instructions provided to
junior and administrative or switchboard staff regarding enquiries made to
the office of CEO resulting in Confidential or  HLE (High Level Enquiries
) being deferred. 

 

Response: No instructions have been provided other than enquiries about
your current complaint that these should be referred to Richard Winter who
is dealing with your complaint. 

In the matter of Non Payment of Council Tax  by the Leader of Bradford
Council Mr David Green this year . I request that the council provide in
the Public Interest the following information

 (i)            Whether that individual was fiscally  more than one month
in arrears at any given time 

Response: We can confirm that Mr Green was never more than one month in
arrears

(ii)           When such arrears occurred  (Periods) and for for avoidance
of doubt ( what period they persisted over  

Response: As he was not more than one month in arrears then there is no
response to this question

(iii)          Details of any papers or declarations held as part of
electoral process declaring No Arrears 

Response: In relation to whether there are arrears or not the electoral
process does not contain, or require such paperwork or declarations to be
made.

(iv)         Details of all committees that the Leader  has sat upon or
presided upon for avoidance of doubt participated in, made a decision on
or influenced an outcome financial or otherwise

Response: Please refer to the Meetings, Reports and Agenda part of the
Council's website
[1]https://www.Bradford.gov.uk/your-council...
relating to the Executive meetings and Budget Council meetings. 
This shows the Executive Committee meetings which Councillor Green
attended as Leader during each municipal year.  In addition he
attended the meeting of Budget Council held on 25 February 2016.  

 

(v)   Confirmation that any or all of these matters have been investigated
in the context of the Local Government Finance Act  in the interest of
Probity of The City

 Response: Not applicable. No Council member was 2 months in arrears when
they voted at this year's Budget Council 

Matter Appropriation of Public Open Spaces ( POS)  & Asset Management 

That in the Matter of Woodside Play Area   dealt with  by Mr Hartley 
Director Sport & Recreation and sub sequentially auctioned part thereof
after attaining a £60 K Government Grant

(i)   Please provide details of Advertisement under ss122 of The Local
Government Act appropriating Public Open Space for this site ( for
avoidance of Doubt Play Area Meadway , Brow Woods BD6 2SPand requested of
Mr Dwyer( Solicitor)  and Mr Winters (Solicitor) for sometime outstanding

(ii)           Please provide details of the conveyancing chain and legal
advisors engaged or instructed on advising on the matter

(iii)          Please provide appraisal report  on Best Value
Consideration in the disposal of this asset by auction  ,  fees and
officer time for avoidance of doubt the Sale Value of the asset after
costs and auction and by whom completed (outstanding enquiry)

Matter of Appropriation of Wibsey Fair, Fair Road , Wibsey

(i)            Please provide details times and dates of all engagements,
discussion,  which the council allege to have undertaken in the process
of  lawful appropriation made by  objectors , duly made . Please respond
with specific regard to the Act (i) To include an exhaustive report as to
why the land was no longer needed (ii) What land would be given in lieu
(iii) what market rights existed under to interpretation of the Doomsday
Book  or otherwise (iv) what arrangements where in place to allow the
Follyhall Rd  use to use the Fairground to perpetuate the right in
sucession to exercise horses for travellers in regard to the annual horse
fair  (v) what the Council assume to be the legal definition of Fair (vi)
Why the only consultees where a Fairmans  Guild consisting of the only
contracted party with City of Bradford not that at large with Right to Use
(v) what other users where likely to be affected

(ii)           Please provide details indicating that the land was no
longer required for its intended purpose by the above named officer deemed
to have appropriated it

(iii)          Please provide details of Delegated Power , relevant to the
named signatory , for avoidance of doubt Mr Steve Hartley  , for avoidance
of doubt , any meeting held in accordance with the councils constitution ,
delegating authority under the Process of Delegation of Officer Powers at
any time prior to the signatory date

(iv)         or in the alternative , that which the council, takes to rely
upon as a lawful basis to supersede the duties inherent under the Local
Government Act which protects   or affords process to the taking of Open
Space. Please therefore with due regard to the Councils Constitution 
with  reference  to Page 91 Table “ Statutory and Proper Officers
“identify under what remit Mr Hartley acted in accordance with that
clearly defined and to supply any document affording that delegated
authority to the named party

(v)          Please identify , given Mr Hartleys absence at Corporate
Scrutiny and Overview what

delegated powers the officers presenting the case with reference Page 91
Table “ Statutory and Proper Officers of the council constitution had in
the furtherance of this matter with specific reference to the Local
Government Act under Item E of the agenda and for that matter at Call in
at Scrutiny and Environment

Response: Please refer to officers' delegated powers (Article 14.20) in
the Council's Constitution as attached     

 (vi)         Thereafter please provide the express advice given to
Corporate Committee and by which solicitor , which by implication 
allowed  members who did not hold proper or statutory office in accordance
with the constitution had a right  over rule objections duly made as a
lawful process as part of a Corporate Body,

Executive Powers do not supersede the law , no one is above the law.

(vii)        Please provide the Date to which the Officer Appropriated the
decision  and whether that decision was arrived at before committee

(viii)       In accordance with14.25B2 please provide an evidential 
record of the decision taken along with reasons for the decision;

(ix)         Please provide the constitutional  basis as to why matters of
administration relevant to s122 of The Local Government Act where being
handled by the Receiving Directorate Highways and on what authority the
receiving directorate had to assume objections duly made would be no
longer considered if not responded. Please identify Which of those
officers Mr Geldard and one other was delegated to be a Statutory or
Proper Office and whether in their undertaking as a consequence acted
ultra vires

(x)          Please identify as requested any site of any document
submitted by Mr Hartely as evidence or Mr Geldards regarding a notional
petition taken some years previous to the beginning of the lawful process
specifically identifying the wording on the Questionnaire  relevant to
open space or appropriation

(xi)         Please provide details of the lease , a lease being a
contract made , outside process, to which the advertisement made reference
in error as part of statutory notice. Please confirm in writing that the
City accepts a Statutory notice with error to be acceptable under the
principles of Wednesbury

(xii)        Please confirm that an error was made on advertisement of 
notice   that implied objection relation specifically to a lease  or in
the alternative a copy of the notice demonstrating it was not clear

(xiii)       Please provide details of set aside funding for the Site at
Wibsey Fair for avoidance of doubt, The amount sequestered in Total, the
amount set aside incrementally and when,  The Budget and its designated
funding use – that given to be visible and known to the District Auditor.
And any report indicating how the  Car Park would over the course of 3
years contribute to Road Safety ( Safer Roads Budget )

(xiv)       Please provide copies of the  committee decisions identifying
which members voted for appropriation at the Executive Corporate Meeting
of and which against viz the release at call in Environment & Scrutiny
29th June 2016  Please identify clearly as a matter of record all those
Councillors who made declaration of conflict of interest but persisted in
the decision making process  , for avoidance of doubt , that given to
include any member who participated in the South Bradford Area Committee 
that was responsible for funding acquisitions, any member on a planning
panel relevant to the that matter, Please identify any member who held
port folio or cabinet decisions that would likely have prejudiced the same
that did not declare an interest Re Planning, Transportation and Design

Please provide as requested

(i)            Details of the City Solicitors SRA ( Soliicitors Regulatory
Authority ) number or any practice identification held by the authority 
(as requested and outstanding in person )

Response: We have already provided you with this information which is in
the public domain.  The City Solicitor's SRA number is 292436 

 (ii)           Details , for avoidance of doubt , date of commencement of
any contract relating to the post of City Solicitor (as requested and
outstanding from HR )

Response: The City Solicitor's contract of employment commenced on 16 May
2016.

(iii)          Please confirm and provide any instruction given to or
executed by any Solicitor Acting on Behalf or engaged by of The City of
Bradford Metropolitan Council relating to any matters presented under
diverse acts, to which the authority is incumbent  by Duty , a duty being
required in law , for avoidance of doubt Statutes of England and Wales ,
relating to Mr Colin Duke or Ms Debbie Fitzpatrick

(iv)         Please provide letter of  correspondence relating to separate
matter  Mr Winters View on Challenge Fitzpatrick versus City of Bradford
MDC regarding funding and any alleged threat to recover personal assets  (
for avoidance of doubt retained  elsewhere )    to myself D. Fitzpatrick

(v)          Please confirm and provide details of any instruction put in
place by a Council Officer in writing , verbally recorded minutes or any
IT system  that has or would interfere in lawful communication duly made
under any Statute or Act many and diverse or amount to interception by
instructing members to forward confidential correspondence  for either  
signatories on this request

(vi)         Any and all forms of correspondence /communications, letters,
emails, fax, and records in relation to all dialogue between any member
legal or other employed by Bradford Metropolitan Council (whether or not a
third party) and any member of 9 stone buildings  London in particular any
form of correspondence to or from Mr. V Chapman and  Miss L Wood in
relation to the application to Register land as a town or village green
application VG 10  made to Bradford Metropolitan Council on the 1st April
2005 and relevant to the principle and co-applicant as a  matter of Public
Interest and consideration

In the Matter of representation by elected members (Councillors!)  and as
agents of the Council. Two of whom hold Cabinet positions in the same ward
" Royds "  

(i)            Please provide details from all correspondence from the
elected Members Clr Val Slater and Clr Andrew Thornton indicating that
they could not or would not under Section 3:3:3 of The Councils
Constitution represent Constituents Concerns and in the former would not
engage  in any Planning representation for constituents because they had a
Conflict of Interest

(ii)           Please provide details of that interest referred to or any
reason from the same from any source  ( Letter emails Planning file etc
)   regarding their failure to represent constituents in accordance with
the Code of Conduct

Once again please accept our apologies for this delay but we need to
extent the time limit to response under EIR.

Kind regards

Dani

 

Miss Dani Mistry

Information Governance Officer

City of Bradford Metropolitan District Council- Department of Finance 

1st Floor Britannia House, Hall Ings, Bradford BD1 1HX

Tel: 01274 434139

 

For Freedom of Information requests, please visit our website
[2]http://www.bradford.gov.uk/foi before you submit a request as you may
find the information and data that you want in the data that we already
publish in our Publication Scheme.  The Scheme has a significant amount of
information which is available to you, without the need for a specific
request, and describes how we work and how to obtain information published
by our various departments.

 

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show quoted sections

Dear Dani Mistry,

I refer to your response.and the lack of clarity from unnamed officer(s)providing this information to your office

The information you have given appears to be in disparity

David Green was issued with a summons for non-payment of £1,169.57 in council tax in 2014/15 while at the same time receiving £49,830.35 in allowances as Bradford Council leader. Coun Green, who was replaced as Labour leader after this year’s local elections, was one of eight members of the same authority sent a summons over the last two years

Read more at: http://www.yorkshirepost.co.uk/news/excl...

The period leading to summons would likely mean MR Green remained in default for over two months. The substance of request was specific in its address nature , frequency and duration you have failed to provide that information regardless of the period of alleged default

Stages In process

First Reminder Notice
Second Reminder Notice
Final Notice
Summons

If, after receiving one or a number of the above notices, you do not make the payment demanded, the council will apply to the local Magistrates' Court for a Summons to be issued against you. The issue of a Summons will also involve you incurring costs, which presently stand at £85.00; these are incurred at the time the Summons is issued and must be paid in addition to the outstanding balance of your council tax.

Liability Order

Upper Tribunal judge Kate Markus QC

There is a compelling legitimate interest in the public knowing whether a particular councillor has failed to pay the council tax, at least in the circumstances where they have remained in default for over two months with the result that section 106 applies. In most cases this compelling interest will outweigh the councillor’s personal privacy. The public interest in knowing the information is central to the proper functioning and transparency of the democratic process. The identification of a defaulting councillor involves an intrusion into his private life but it is an intrusion that a councillor must be taken to have accepted when taking office.”
In essence non-payment of council tax has a “significant public dimension” as it means that a councillor isn’t legally allowed to vote at council meetings.

It is also an offence under s106 of the Local Goverment Finance Act 1992 to vote on a committee with a financial outcome if more that 2 months in arrears. If a councillor is present at any meeting at which relevant matter are discussed, he or she must disclose that section 106 applies and may not vote

Your reference to Committee meetings does not indicate whether Mr Green Voted or not or in the alternative made a a 106 declaration and abstained

2 Richard Winters Instruction.

It appears members of staff are refusing to advise or direct calls to delegated or proper officers on matters other than that raised as a concern as a consequence of Mr Winters Instruction . Mr Winters is acting ultar vires and interfering in the constitutional process of the council. Mr Winters has not clarified whether he is under instruction in defending error of his own act or commission or is acting in the Public Interest in the Lawful appropriation of land subject of concern

3. I do not acknowledge that in the main this request falls as an environmental request but in fact procedural and lawful processes that the council are obliged to undertake and record in the Public Interest. If you the council believed it to be so it did not take 28 days to realize this. Please provide the reason why you believe the request is of an environmental nature

4. In the matter of providing information I put it to you that Mr Winters appears to be frustrating process in order to place legal challenge out of time . The matter should be dealt with by the City Solicitor given the complexity of this matter

5 You have failed to provide the specifics of the question asked of you , that being under what delegated Power of Authority did Mr Hartley Act or in the alternative what special circumstances where conferred upon by the the office of the CEO to confer delagted powers and that given to be recorded in express committee meetings in the case of Land at Wibsey. In the alternative you have failed to provided details of advertisement or evidence that the process of lawful apropriation commenced at Land at Meadway (Play Area ) Brow Woods

I will update this request as matters proceed. I note that such delays have arisen because various officers are currently on leave leave during the period to which this request relates. I reiterate it is not for the council to re-define the period of statutory response given by the Act or for that matter to ignore a duty implicit by law

I therefore conclude you have provided little or no information addressing the material substance of this request which is simple

(i) Indication of statutory powers of the signatory officer to Land at Wibsey Fair
(ii) Detals of advertisement and statutory appropriation regarding Play Area Meadway, BD6 Brow Woods
(iii) Details of the frequency duration and period to which Clr Green was summons in the magistrate Court
and any commitee which he voted on during such period

I therefore request an Internal Review on the matter

Yours sincerely,

Colin Duke

Dani Mistry, Bradford City Council

I am out of the officer and will NOT respond to my e-mails until Monday 13
June 2016.  If you require any assistance please call Sally Marshall on
01274 431322 or email [email address]

 

Miss Dani Mistry
Information Governance Officer
City of Bradford Metropolitan District Council- Department of Finance 
5th Floor Britannia House, Hall Ings, Bradford BD1 1HX
Tel: 01274 434139

For Freedom of Information requests, please visit our website
[1]http://www.bradford.gov.uk/foi before you submit a request as you may
find the information and data that you want in the data that we already
publish in our Publication Scheme.  The Scheme has a significant amount of
information which is available to you, without the need for a specific
request, and describes how we work and how to obtain information published
by our various departments.

 

References

Visible links
1. http://www.bradford.gov.uk/foi

Dear Bradford City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Material Facts Relating to Lawful Apropriation s 122 of Local Government Act and Constitutional Process'.

Please see my email to you via the site dated 8th August 2106

I therefore conclude you have provided little or no information addressing the material substance of this request which is simple

(i) Indication of statutory powers of the signatory officer to Land at Wibsey Fair
(ii) Detals of advertisement and statutory appropriation regarding Play Area Meadway, BD6 Brow Woods
(iii) Details of the frequency duration and period to which Clr Green was summons in the magistrate Court
and any commitee which he voted on during such period

I therefore request an Internal Review on the matter

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

Colin Duke

Dear Ms Mistry

Clarification and Update of this Request

In short I do not consider that you have answered the questions raised namely

(I) Was Mr Green in arrears at any given given time .Re Council Summons for non payment of Council Tax.

( Please review this query to include the 2014/15 year or any other given time as requested. I am also minded to direct Mr Winters to the precedent of the Upper Chamber in respect of declaraing such information in the public interest )

(II) What statutory powers where held by Strategic Director Mr Hartley in respect of decommissioning Public Open Space

(III) Whether the same process was applied S122 of the LGA regarding the sale of Land at Meadway ( Woodside Play Area )

I refer to response given by Mr Winter. We do not seek his opinion or legal advise nor do we expect Mr Winters to provide an answer in his own time the law is clear in what time he has . Nor do we expect Mr winters to choose a random year as a misnomer to meeting the request Mr Winters has been clearly involved with these processes and it is unclear what instruction are being given by Kersten England Paid officer of the Council in respect of these acts and omissions and any prejudice in dealing with this matter that might arise from such office.

https://drive.google.com/file/d/0BxslaPR...

I draw to your attention that the information request in respect of Mr Green is clear “at any given time “ .

Mr Winters appears to have taken it upon himself to refer conveniently to the financial year 2016 of his own volation to give the erroneous impression that this request has been met when it has not. SS106 of the Local Governement Act applies to any meeting which any member must make a recorded declaration in respect of non payment of council tax at any given time or any given year

I am therefore bemused by Mr Winters response given the reported facts in the Yorkshire post earlier this year Quote

David Green was issued with a summons for non-payment of £1,169.57 in council tax in 2014/15 while at the same time receiving £49,830.35 in allowances as Bradford Council leader. Coun Green, who was replaced as Labour leader after this year’s local elections, was one of eight members of the same authority sent a summons over the last two years.

Contrary to Mr Winters assertion that this matter should be investigated by the Police , it is also properly the role of the council to act in the event any member does not declare a conflict of interest under ss106 of the Local Government Finance Act. It is also properly the role of officers to have done so impartially without political interference

In regard to Play area Meadway I do not consider it within the gift of the council to give instruction to a response that must be lawfully given in good time and as duty required ( given such a request has been outstanding at any number of levels for some substantial months) I consider this request as unmet. Please indicate the status of this request in respect of Internal Review Duly made

I refer to your document published Dec 2015 and appears to omit the relevant table associated with Article 14 Officer matters and which appears to be somewhat different to the constitution as written
I refer to https://www.bradford.gov.uk/media/1099/c... page 91 identifying the remit of the Strategic Director for Sport and Regeneration as Statutory and Proper Officers relevant to the following Acts in law . I draw to you attention that does NOT include that which is the Local Government Ac

(i) Public Health (Control of Disease) Act 1984 (ii) Food Act 1984 (iii) Public Health Act 1936 (iv) Environmental Protection Act 1990

I therefore consider you have Not answered the question as to what Lawful Powers ( not adopted procedure ) that Mr Hartley had to remove POS – public Open Space in the case of Wibsey Fair and why in the case of Land at Woodside (Play Area ) no Lawful process was undertaken at all allowing public representation. In respect of the former it is necessary to record by way of minutes any special circumstances conferring the role of Proper Officer delegated through the CEO .

Finally , for avoidance of doubt and clarity please reply with all responses in the Public Domain through the What Do they Know Site as this is Public Interest matter. Thank you for your assistance

I remain

CV Duke

Yours faithfully,

Colin Duke

Colin Duke left an annotation ()

It is considered that this request is unmet the council have not responded claiming exemption under 14 (1) and (2) of the FOI on the basis of vexation. It is not vexatious to ask a question were there is an inherent public duty a duty being required in law , particularly under a statutory provision to object duly made under ss122 of the LGA (1973) . Given the substantive period in order to address these 3 basic questions the matter has now been referred to the Information Commisioner for a ruling. It is the belief of objectors that the Council are deliberately attempting to frustrate lawful process by making the matter out of time . In the meantime children who enjoyed the privilege of open space and thereafter denied representation on it have been cast aside onto the main highway . In the event that a child is hurt or injured as a consequence of Public Open Space being denied would be a material factor in charges of endangerment against the council. Having now considered the matter on internal review . it is now passed to the office of the ICO for a decision to determine whether this information is in the Public Interest or whether it is being denied due a failure in the processes of disposing local authority assetts alledgely as a result in failing to comply with lawful process that properly thereafter being a metter for the courts to determine.We will update the findings of the ICO when available
nemo est supra leges,

Colin Duke left an annotation ()

Regarding Delegated Power the request is clear and express

(iii) Please provide details of Delegated Power , relevant to the named signatory , for avoidance of doubt Mr Steve Hartley , for avoidance of doubt , any meeting held in accordance with the councils constitution , delegating authority under the Process of Delegation of Officer Powers at any time prior to the signatory date

(iv) or in the alternative , that which the council, takes to rely upon as a lawful basis to supersede the duties inherent under the Local Government Act which protects or affords process to the taking of Open Space. Please therefore with due regard to the Councils Constitution with reference to Page 91 Table “ Statutory and Proper Officers “identify under what remit Mr Hartley acted in accordance with that clearly defined and to supply any document affording that delegated authority to the named part

The request is clear the councils constitution is NOT the law , in order to supercede rights duly made on open the officer need s to be a proper person or in the alternative in special circumstances accord the correct procedure as to be recorded and accorded as the named officer

In the Scheme of Delgation for the City of Bradford no reference can be found to the named person Strategic Director Sport and Recreation ( Mr Hartley with spoecific regard to the Part and section of the Local governement Act. The acts referred to alluded by Ms Mistry to that director are

Strategic Director Environment and Sport
(i) Public Health (Control of Disease) Act 1984
(ii) Food Act 1984
(iii) Public Health Act 1936
(iv) Environmental Protection Act 1990

14.29 An officer referred to paragraph 14.20 above is the proper officer for all purposesrelating to her/his area of responsibility.

14.30 The Chief Executive shall, where necessary, appoint proper officers for thedischarge of the Council’s functions where an appointment is required by any
legislation.

As it currently appears this is necessary question as to whether this land has been apropriated lawfully as in the public interest , For avoidance of doubt Date of signatory 22nd April 2016

debbie fitzpatrick left an annotation ()

The questions are simple yet fail to get any answers
1 under what legislation did the officer have the power to appropriate the land and where are the minuets documents giving the officer that authority
??
2.Was section 122 of LGA applied to the land at Medeway Woodside

Colin Duke left an annotation ()

In the matter of Woodside Play Area there is a very strong parrallel located here which the LGO have ruled

http://www.lgo.org.uk/information-centre...

In this parralell the situation is substantially worse for the City of Bradford MDC in so far as they new fully the status of the land chose to ignore representation

Colin Duke left an annotation ()

New Developemnt

The LGO have ruled that the sale of land at Meadway had not occurred and was ongoing. The LGO has made this ruling on information provided in part by this request given by a TP1 Transfer Deed Document provided by the counsil and in contradiction to that held by Land Registry . This document had a critical date of sale removed and the ombudsman ruled that the document was not signed , endorsed or sealed . The DA District Auditor has stated "Our audit work confirms the assets we enquired about were sold. " as did other evidence provided which proves land was sold beyond all reasonable doubt . We would therefore ask the Commisoner to review what was provided and whether in omitting the critical information on the date of sale constituted any failure in the provision of information in full and whether in ommitting this information contravened any aspect of information provision or intention to mislead

Colin Duke left an annotation ()

The LGO are now pursuing complaint against the council on the basis of Complaint on maladministration and the personal injustices arising Oct 2016

The ICO have been passed the details of this request to obtain an independent and impartial ruling OCT 2016
as to whether the request was in the Public Interest and whether the councils vie to 14:1 and 14:2 was valid (or merley a tactic to delay due process)

The outcome of such investigations will be reported here when available

Colin Duke left an annotation ()

The Information in regard to critical areas has not been responded to by the Council However the ICO have ruled as per link

To date the ICO have acted efficiently , with an open mind and without prejudice. This underpins the vital need of supporting the commission and its funding to ensure the interests of everyone are protected by enabling informed participation in any process

Link

https://ico.org.uk/media/action-weve-tak...

Updates to follow

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