Vicarious liability.

francis: of the family hanney made this Freedom of Information request to Neath Port Talbot County Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Waiting for an internal review by Neath Port Talbot County Borough Council of their handling of this request.

francis: of the family hanney

Dear Neath Port Talbot County Borough Council,

I demand full disclosure and transparency regarding the following...

Does the CEO Stephen Phillips not have Vicarious liability regarding every staff member and agent he is responsible for?

Yours faithfully,

Minister Francis.

FOI Team, Neath Port Talbot County Borough Council

Good morning,

As Head of Paid Service, within the meaning of Section 4 of the Local Government and Housing Act 1989, the Chief Executive has overall corporate management and operational responsibility involving securing and managing the professional body of Officers needed to deliver the Council’s services.
It is the duty of the Head of Paid Service where he or she considers it appropriate to do so, to prepare a report to the authority setting out their proposals as to:

• the manner in which the discharge by the authority of their different functions is co-ordinated;
• the number and grades of staff required by the authority for the discharge of their functions;
• the organisation of the authority’s staff;
• the appointment and proper management of the authority’s staff.

Vicarious liability is a civil matter which is dealt with by the civil courts, and is based on the common law doctrine of agency. It most commonly arises in the employer/employee relationship. If an employee commits a negligent act (or omission) against a third party during the course of their employment the employer will be vicariously liable to the third party instead of the employee. The employer is Neath Port Talbot County Borough Council and therefore it is Neath Port Talbot County Borough Council that could be vicariously liable for the actions of an employee and not a specific officer.

If you are dissatisfied with the response to your request, under the Authority's FOI Policy, you may appeal in writing setting out the reasons why you think the decision is erroneous, to the Authority's Monitoring Officer at the following address:-

Head of Legal Services & Monitoring Officer
Civic Centre
Port Talbot
SA13 1PJ
FOI Team
[Neath Port Talbot County Borough Council request email]

In the event that you appeal and are dissatisfied with that response, you may then appeal direct to the Information Commissioner, whose address is:

Wycliffe House,
Water Lane,
Wilmslow,
SK9 5AF.

Kind regards
Steven Phillips
Chief Executive
[Neath Port Talbot County Borough Council request email]

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.
Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender immediately. Please note also that there is no guarantee that this email or any attachment is virus free or has not been intercepted or amended.

In the event that this email and/or its contents are not intended for you or your organisation, please do not open any documents that may be attached and advise the sender of the email accordingly, confirming that you shall forthwith delete the email together with any documents attached and provide confirmation that none of the documents have been opened.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os ydych wedi derbyn yr e-bost hwn mewn camgymeriad, dylech hysbysu'r person a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith wedi'i ryng-gipio na'i newid.

Os na fydd yr e-bost a/neu ei gynnwys wedi ei fwriadu ar eich cyfer chi neu eich sefydliad, peidiwch ag agor unrhyw ddogfennau a allai fod yn atodedig a rhowch wybod i anfonwr yr e-bost yn unol â hynny, gan gadarnhau y byddwch yn dileu'r e-bost ar unwaith ynghyd ag unrhyw ddogfennau atodedig a rhoi cadarnhad nad oes un o'r dogfennau wedi'u hagor.

show quoted sections

francis: of the family hanney

Dear FOI Team,

What is meant by this... the Chief Executive has overall corporate management?
What do you mean corporate management?

What is the definition of officers as stated? Officer is a military term.

The employer is Neath Port Talbot County Borough Council and therefore it is Neath Port Talbot County Borough Council that could be vicariously liable for the actions of an employee and not a specific officer, how can this be when Neath Port Talbot County Borough Council is a dead entity (PERSON, Corporate Soul, Artificial person, body corporate, legal fiction, corporation) that cannot speak write or act on behalf of itself as its a thing void of life? The agent working on its behalf (man/woman) is therefore liable for they're own actions in a personal private capacity.

Yours sincerely,

Minister Francis.

FOI Team, Neath Port Talbot County Borough Council

Good morning,

The Chief Executive, as Head of Paid Service, has overall responsibility for securing and managing the Officers across the Council’s services.

From the Council’s perspective, the term corporate management relates to the performance and obligations of the Council across its service areas.

For the avoidance of doubt, Officers are staff members of Neath Port Talbot County Borough Council.

If you are dissatisfied with the response to your request, under the Authority's FOI Policy, you may appeal in writing setting out the reasons why you think the decision is erroneous, to the Authority's Monitoring Officer at the following address:-

Head of Legal Services & Monitoring Officer
Civic Centre
Port Talbot
SA13 1PJ
FOI Team
[Neath Port Talbot County Borough Council request email]

In the event that you appeal and are dissatisfied with that response, you may then appeal direct to the Information Commissioner, whose address is:

Wycliffe House,
Water Lane,
Wilmslow,
SK9 5AF.

Kind regards
Steven Phillips
Chief Executive
[Neath Port Talbot County Borough Council request email]

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.
Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender immediately. Please note also that there is no guarantee that this email or any attachment is virus free or has not been intercepted or amended.

In the event that this email and/or its contents are not intended for you or your organisation, please do not open any documents that may be attached and advise the sender of the email accordingly, confirming that you shall forthwith delete the email together with any documents attached and provide confirmation that none of the documents have been opened.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os ydych wedi derbyn yr e-bost hwn mewn camgymeriad, dylech hysbysu'r person a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith wedi'i ryng-gipio na'i newid.

Os na fydd yr e-bost a/neu ei gynnwys wedi ei fwriadu ar eich cyfer chi neu eich sefydliad, peidiwch ag agor unrhyw ddogfennau a allai fod yn atodedig a rhowch wybod i anfonwr yr e-bost yn unol â hynny, gan gadarnhau y byddwch yn dileu'r e-bost ar unwaith ynghyd ag unrhyw ddogfennau atodedig a rhoi cadarnhad nad oes un o'r dogfennau wedi'u hagor.

show quoted sections

francis: of the family hanney

Dear FOI Team,

What is the name of the man or woman I am in correspondence with?

YOU may address me as minister Francis, nothing else... Not good day.

YOU have not answered the questions I demand you answer...

What do you mean by corporate services?
Do you mean that you believe people to be corporations? Why would you use the term corporate??? In what context exactly does that mean???

Why use the term officer as its a military term??? Are the people under martial law???

Do you adhere to the following...

The Seven Principles of Public Office:

I would strongly suggest you also read The Seven Principles of Public Life, i.e in Public Office, meaning you and all Public Servants whom serve the Public and how to treat and behave and interact with the public. i.e. people.

1) Selflessness:
Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.

2) Integrity:
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.

3) Objectivity:
In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

4) Accountability:
Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

5) Openness:
Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and not restrict information when one or the wider public interest clearly demands.

6) Honesty:
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

7) Leadership:
Holders of public office should promote and support these principles by leadership and example.
The Seven Principles of Public Life i.e. in Public Office.
Corruption or Misconduct in public office is a Common Law Offence.
and is punishable with Unlimited fines and including LIFE in Prison.
Principles
The elements of misconduct in public office are:
A) A public officer acting as such.
B) Wilfully neglects to perform his/her duty and/or wilfully misconducts himself/herself.
C) To such a degree as to amount to an abuse of the public's trust in the office holder.
D) Without reasonable excuse or justification.
Court stated as follows :
Should be strictly confined to develop the point constitutes a public office.
So who holds a public office and as a result can be guilty of this offence.
Reach of duty by the officer, which is wilful and which is such that the conduct is an affront
to the standing of the public office held. "those who hold public office carry out their
duties for the benefit of the public as a whole and, if they abuse their office, there is
a breach of the public's trust"
Like perverting the course of justice, misconduct in public office covers a wide range
of conduct.
It should always be remembered that it is a very serious common law offence,
indictable only offence carrying a maximum sentence of life imprisonment. A charge
of misconduct in public office should be the same for cases of serious misconduct
or deliberate failure to perform a duty which is likely to injure, harm, loss, fraud to
the public interest in anyway.
A common law offence of 'misconduct in a public office' exists at present day, and to
this day this and all other countries that are under the common law jurisdiction you are then,
thus required to uphold the common law as no one is above this law as the Oaths you take
and any areas of a Public Severing Office you are all Duty Bound.

Yours sincerely,

Minister Francis.

francis: of the family hanney

Dear FOI Team,

Also I demand you answer the following with full disclosure and transparency. ..

The employer is Neath Port Talbot County Borough Council and therefore it is Neath Port Talbot County Borough Council that could be vicariously liable for the actions of an employee and not a specific officer, how can this be when Neath Port Talbot County Borough Council is a dead entity (PERSON, Corporate Soul, Artificial person, body corporate, legal fiction, corporation) that cannot speak write or act on behalf of itself as its a thing void of life? The agent working on its behalf (man/woman) is therefore liable for they're own actions in a personal private capacity.

Yours sincerely,

Minister Francis.