The proceedings of the Tribunal are governed by The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.

Transcription

1 First tier Tribunal General Regulatory Chamber (Local Government Standards in England) APPLICATION FOR and NOTICE OF APPEAL AGAINST A DECISION OF A STANDARDS COMMITTEE Tribunal stamp (date received) This form is for the use of a person (appellant) who wishes to make an appeal to the Tribunal following a finding by a Standards Committee of a local authority. Please note, in those rules the word appellant is defined as including the person making the appeal, an application or a reference A request for permission to appeal has to be made within 28 days of the member s receipt of the Standards Committees full written decision. Your appeal can proceed only if a Judge of the Firsttier Tribunal gives permission. You can use this form both to set out your appeal and to seek the Judges permission. The proceedings of the Tribunal are governed by The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules The Rules require you to help the Tribunal deal with cases fairly and justly and to co-operate generally with the Tribunal. Please A Use black ink and complete the form in CAPITALS (or by word processing). Use another sheet of paper if there is not enough space for you to say everything. This form is also available to download on our website. Appellant details Title (if applicable) Mr Mrs Miss Ms Other Name Alan Dean Address 49 Recreation Ground Stansted Essex CM24 8BD Telephone number Fax number address alandean@btinternet.com LGS, Sept 10 1

2 Name & address of the local authority/other body of which you are a member. Uttlesford District Council Council Offices London Road Saffron Walden Essex CB11 4ER Do you have a solicitor or other representative? Yes No If you have not appointed a representative but do so at a later date, please ensure that you notify the Tribunal. If yes please give your representative s details below Name of representative To be advised. Status (solicitor, friend etc) and name of organisation if any Address Postcode Telephone number Fax number address Please confirm the address where documents for you may be sent. LGS, Sept 10 2

3 B About the Respondent Please insert details of the Respondent s reference below. (The Respondent is the Standards Committee which made the finding against which you are appealing). Name and address of Respondent (Standards Committee) Standards Committee Chairman Uttlesford District Council Council Offices London Road Saffron Walden Essex CB11 4ER Telephone Fax C About the decision your are appealing The date of the Standards Committee decision against which you seek to appeal 28 November 2011 On what date did you receive the full written decision? (A copy of the covering letter sent with the decision should be submitted with this form) 29 November 2011 (by ) D State the result you are seeking A change to the finding that you failed to follow the provisions of the Code of Conduct A change to the sanction imposed by the Standards Committee E Request for extension of time and reasons for any delay Your notice of appeal must be sent to the Tribunal so that it is received within 28 days of your receipt of the Standards Committee decision referred to in Section C Are you providing your notice of appeal within the 28 day period noted above, or within any extension of time already granted by the Tribunal? Yes No If the answer to the above question is no, please include a request for an extension of time and the reasons why the appeal was not provided in time: LGS, Sept 10 3

4 F The grounds of appeal Please state the grounds on which you contend that the Standards Committee decision should be changed. Do you dispute that you failed to comply with the Code of Conduct as determined by the Standards Committee? If yes, please give your reasons in the box below I did not breach the Code of Conduct by bringing the council into disrepute because I have written evidence to back-up my public statement through which I sought further evidence about the performance of the council s benefits service. The council s claim that what I published damaged the council s reputation is weak. The council has no published reputation in the form of a standard of service commitment to benefit claimants. The council failed to provide evidence of the performance it achieves for processing claims of a longer duration; and for which I sought to gain evidence from constituents. The conduct of the hearing was deficient. The chairman confessed that he did not know what he was supposed to do during the stage to establish facts. This was very confusing for all involved. Members of the standards committee did not understand the process for establishing the facts of the case. One committee member afterwards questioned the conduct and value of the hearing. The committee was divided on its decision. The Monitoring Officer failed to reflect accurately the evidence given by witnesses at interview and he distorted evidence provided by witnesses in writing at the hearing, so unduly influenced the standards committee to reach a wrong conclusion. The monitoring officer made disparaging remarks against one witness, saying he would have been incapable of preparing his written statement owing to the witness s foreign origin. The complainant (the chief executive) failed to attend the standards committee to allow me to crossexamine him on relevant service performance data and his allegations against me. The council s audit and performance committee received a report (see attached) in November 2011 demonstrating poor performance by the service during The committee s meeting on 17 November 2011 (see minutes attached) declined to investigate details of the benefits service performance. Both these matters were dismissed by the standards committee as irrelevant, whereas they are central to the matter of benefits service performance that I have been trying to pursue. To date the council has been unwilling or unable to produce relevant performance data that I have requested. The decision notice states that I agreed that the wording of my blog was inappropriate. I did not agree that was the case. I consider that the council and the standards committee placed an unfair and biased interpretation on what I had written. LGS, Sept 10 4

5 Do you wish to appeal against the sanction imposed? If yes, please give your reasons in the box below. No sanctions were imposed. If you have any other grounds of appeal set them out below You must append a copy of the Standards Committee decision when submitting this form Please use additional sheet if required H Request for suspension of sanction Are you seeking the suspension of any sanction imposed by the Standards Committee pending the determination of your appeal? Yes No I Hearing If permission is granted for your appeal to proceed, do you agree to the matter being dealt with by written representations? No If permission is granted, the Standards Committee will similarly be asked LGS, Sept 10 5

6 J Signature and date I wish to appeal against the decision of the Standards Committee named in Part B I authorise my representative named in Part A above to act on my behalf in all proceedings before the Tribunal.* * Delete if you have no representative or you are a solicitor filling in this form on behalf of a client Appellant's signature or signature of solicitor Date 21 / 12 /2011 Please post, or fax the completed form to: First-tier Tribunal (Local Government Standards in England) York House York Place Leeds LS1 2ED Tel: Fax: ap-enquiries@tribunals.gsi.gov.uk Please remember - you MUST enclose a copy of the Standards Committee s decision with this form. The Tribunal will let you know when they have received this form and the next steps to take. This form can also be downloaded from our website at The First-tier Tribunal is administered by the Tribunal Service, an agency under the Ministry of Justice and does not charge a fee. LGS, Sept 10 6

7 K Tribunal decision on whether to permit the appeal to proceed Permission Granted / Refused Sanction suspended? Yes / No Factors behind decision to allow/refuse permission or suspend sanction Signed: Date: The Judge understands that the Upper Tribunal takes the view that a decision to refuse permission for an appeal is not a decision which can be subject of an appeal to the Upper Tribunal. However, it may be subject to a Judicial Review by the High Court which has the power to transfer the matter to the Upper Tribunal. LGS, Sept 10 7