I commented a while back on how Castle Point Borough
Council, an authority without any opposition presence, would be able to
function in an open, democratic and accountable manner and thought that I would
test the water by viewing the latest council meeting held on 9th October
2024.
I was particularly interested to see how the Administration
would deal with a claim for restitution against certain specific former staff
who apparently made unlawful decisions relating to their own financial position
resulting in potentially unlawful payments.
This issue has been dragging on from some time and was previously
considered by the council in March of this year when it was decided to obtain
further legal and professional advice.
At the meeting it was explained that the allegedly unlawful
payments totalled over £1,100,000 and the question was whether to effectively
write the money off or to pursue recovery through the courts or otherwise.
Clearly the legal advice received was confidential and this
resulted, quite reasonably, in the meeting moving into private to discuss the
detail of the advice before moving back into public to discuss the
recommendations and to decide on the way forward.
On the resumption of the open meeting the Leader proposed
pursuing recovery of £218,155 with a decision to write off the remainder. His
comments then sought to criticise the previous administration (albeit that I am
not aware that any elected member was in any way liable for the relevant
decisions) but did not seek to in any way explain or justify a decision to
write off nearly £900,000 of public funds excluding accrued interest. The Deputy
Leader seconded the motion and 3 other councillors spoke briefly in support but
concentrating on the deplorable loss of public funds rather than seeking to
justify why the balance was being written off. The proposal was passed
unanimously.
Now having undertaken civil litigation for over 40 years I
know all about its cost implications and risks and we do not know what the
specialist lawyers had advised, however as far as the public meeting was
concerned there was no challenge to the decision or attempt to justify that the
council was being driven by its duty to protect the public purse. All we know
is that nearly £900,000 has been written off. The decision was in my view a
very good example of why a lack of vibrant opposition is not in the interests
of accountable democracy..