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Posts Tagged ‘eric pickles’

First the politics.

bigpicSince my last post (due to time and summer priorities, I’m writing less regularly) we’ve had one more defection in the Independent Group formerly known as Tower Hamlets First (who were formerly known as Independents).

Mufti Miah (pictured) has had the courage to do what other bigger mouths have been threatening to do for quite some time.

John Williams, the busy head of ‘democratic services’ at Tower Hamlets council, wrote this to councillors on July 31:

Dear Councillors,

I have today received notice from Councillor Mohammed Mufti Miah that with immediate effect he is no longer a member of the Independent Group of councillors.

Councillor Miah has asked me to inform all Councillors of this.  He will continue to serve on the Council as an independent (ungrouped) member. 

Councillor Miah has told me that he wishes to thank everyone who he has had the honour of serving the community with, and he looks forward to serving the community in all constructive endeavours to improve the community and the lives of those who have elected the councillors.

Mohammed Mufti Miah joins Abjol Miah as the two lone defectors from the very unstable and unhappy ship of Lutfurites, who now number 15. More are sure to follow.

Now the comedy.

Here’s how that fine upstanding man of principle, Cllr Gulam Robbani responded to John’s email:

Dear Mr William,

Thank you for your email. I would be grateful if you can inform Cllr Abjol Miah and Mufti Miah if they would like to resign from the council and re-elect  as independent or labour if that what they been dreaming about? Tory will not touch them with burg pole ! They were elected on back of THF and they should follow the UKIP model?  UKIP MP resign from Tory and they were re-elected as UKIP ! Would both Miah follow the UKIP MP if they feel so confident? I would like to challenge both councillor to do that! [sic, ad nauseam]

I love the way Robbani admires the Ukip model so. Had all his honourable colleagues followed it throughout the years, by my count we would have had 11 by elections in total. Instead we have had none.

For the record, Ohid Ahmed defected from Labour to Lutfur/independent in 2010, as did Abdul Asad, Shafiqul Haque, Aminur Khan, Rabina Khan, Shahed Ali and Oliur Rahman. The latter two have defected two and three times respectively during their career (Shahed from Respect to Labour; Oli from Respect to Respect Independent, then to Labour).

And let’s not forget Maium Miah who jumped from the Tories to Lutfur in 2010 as well.

So good for Abjol Miah and Mufti Miah. They’re merely following a fine tradition in Tower Hamlets.

Now for the intrigue.

Eric_Pickles_OfficialLast week, Sir Eric Pickles again singled out Tower Hamlets for mention as he launched his first initiative as David Cameron’s corruption tsar: a nationwide investigation into vote fraud. In various interviews he compared multiculturalism,

In a piece for the Daily Telegraph, he wrote this:

In Tower Hamlets, police and council staff failed to tackle intimidation – often in foreign languages – both inside and outside polling stations. Just as we have seen with child sexual exploitation in places such as Rochdale and Rotherham, institutionalised political correctness can lead to the state turning a blind eye to criminal conduct. But the law must be applied equally and fairly to everyone. Integration and good community relations are undermined by the failure to do so.

And in an interview with Sebastian Payne at the Spectator, he said this:

‘What appears to have happened in Tower Hamlets is similar to what happened in Rotherham, in the sense that as with sexual exploitation, people just turned a blind eye because they were worried about community cohesion and the same seems to have happened in Tower Hamlets’. To clarify, I ask does he believe that politicians and officials were too concerned about multiculturalism and ignored the years of warning signs from Tower Hamlets? ‘Yes, of course’.

This is dangerous territory for it risks feeding a racist narrative that [electoral] corruption exists only in non-white communities. There is enough corruption/fraud in the Palace of Westminster and Whitehall with MP/Lords expenses and government contracts to know that’s certainly not the case.

I suspect that in Tower Hamlets, the Met failed to do its job principally because it was wary of getting involved with murky local politics. That’s not to excuse them by the way: I think they’ve been useless over the years and as Sir Eric also points out in the Spectator, corrupt behaviour in one sphere can be symptomatic of rottenness elsewhere:

‘Tower Hamlets is a warning,’ Pickles says. ‘If you are willing to bend the rules and to break the law with regard to elections, you are willing to bend the rules and break the law with regard to the proper running of an authority’. 

Which brings us to the ongoing court saga involving Lutfur Rahman. Love Wapping has been doing a great job in reporting, e.g. here and here.

6716_Andrew_EdisOn August 3, Mr Justice Edis (pictured) delivered his ruling on the injunction freezing Lutfur’s assets, a decision made by an earlier judge after an application by the election petitioners who are seeking to recover their legal costs.

The full judgment, extending the injunction until Jan 31 2016, is here. I also recommend bookmarking it: it is characterised by a certain degree of scepticism regarding the origin of Lutfur’s legal fund.

Some of you will not be aware just how much money he managed to accumulate by way of what he says were loans before, during and after the Election Court hearing. If not, take a deep breath: £750,000.

As part of the court process, Lutfur was forced to disclose his list of donors/lenders, which included young nieces and nephews lending more than £100,000.

Having highlighted and uncovered so much corruption during the election court hearing, Francis Hoar, the petitioners’ barrister who was described as a “tour de force” by Richard Mawrey QC in April, quite clearly senses a certain back-of-the-envelope/cash-under-the-table modus operandi when it comes to those involved with Tower Hamlets First. He said the list of donors suggested “money laundering”.

In his judgment, Mr Justice Edis delivers a mild rebuke to Francis, but asks whether the loans were “designed to conceal” Lutfur’s “true wealth”:

There controversy during the hearing before me on 3rd August about Mr. Hoar’s description of this evidence as showing “money laundering”. This was, in my judgment, an unnecessarily inflammatory expression. Mr. Hoar made it immediately clear that he did not mean that any of this money was the proceeds of crime. To my mind that makes the use of the term inapt. What he actually meant was that this evidence casts grave doubt on the suggested source of the sum of £749,500. If it was not loans from the 52 named people or companies was it actually the defendant’s money? If so, was the arrangement designed to conceal this fact so that his true wealth remained hidden from the claimant?

Dynamite stuff.

Following Lutfur’s ‘Defend Democracy’ rally at the Waterlily at the end of April, Labour NEC member Christine Shawcroft volunteered to become a trustee for a properly constituted legal fund; she even wrote a cheque for the grand sum of £100. As a result, she was suspended by the party.

It seems as though she was the only Trot to put her money where her mouth was when it came to backing Lutfur. But that fund never even got off the ground. In the background, there was a move by Lutfur’s supporters to boost the coffers of the existing fund. Lutfur’s lawyers were due to lodge the details of his loan arrangements with the court on Friday.

If suspicions remain, it won’t just be lawyers asking serious questions.

For the fund, there 123 transactions listed from 53 separate people or organisations.

Thanks to the excellent technical work of Love Wapping here, we can see a summary below:

From Subtotal (£)
Foujiya Sultana 82,500
CLR Sullik Ahmed 60,000
Mohammed Abdul Munim 60,000
Muzirul Haque 42,000
All Seasons Lettings 40,000
Amirul Choudhury 35,000
Rafla Munni 31,000
Limehouse.com (10,8,7) 25,000
Mehdi Hasan Choudhury (Radi) 24,500
Shamsun Noor 24,000
London Training Centre 22,000
A Chowdhury 20,000
Anuwar Ali 20,000
Shenaly Miah 20,000
Lutfur Rahman 17,700
CLR Aminur Khan 14,500
Rafia Munni 11,730
Mamunur Rahman 11,500
Rina Begum 11,000
Ahfaz Miah 10,000
Ashadur Rahman 10,000
CLR G Rabbani 10,000
Jayed Khan 10,000
M lslam 10,000
Roseina Yasmin 10,000
Saif Uddin Moni 8,000
Masuma Sultana 7,000
Rujina Yasmin 7,000
Nanu Miah 6,000
Salik Zahid 6,000
Zuber Ahmed 6,000
Afia Farid 5,000
Azm Adbullah Zaki 5,000
Baig Ahmed 5,000
Fateha Ahmed 5,000
Mornotaz Begum 5,000
Nafisa Nargis Robbani 5,000
Sanjid Sarni 5,000
CLR Maium Miah 4,500
Jabir Miah 4,000
Shahed 4,000
Dipa Begum 3,000
Mazharul Alom 3,000
Mehrajul Islam Bokul Syed 3,000
Razia Salique 3,000
Saleh Abed 3,000
Syed Ferdous Ali 3,000
Syed Shahriar 3,000
Suma Rahman 2,000
Syed Farazul Islam 2,000
Syed Misbaul Reza 2,000
Kamal Uddin Chowdhury 1,300
Tufeil Sattar 1,000
Ayesha Farid 270
Total £749,500

 

Top of the chart is Lutfur’s niece, Foujiya Sultana, who lives with him in Old Monatgue Street. She’s aged 23. Here is what Mr Justice Edis had to say about this in his judgment:

The “loans” identified…total £749,500 and were made by 53 different donors. Ms. Turner, the claimant’s solicitor has filed evidence to show that some of these individuals are not likely to have been able to afford such sums. I will not set it out in full, but an example is Foujiya Sultana. She is said to have lent the defendant £80,000 between September and December 2014 and a further £2,500 since. The defendant said in his evidence at the trial that Foujiya Sultana was his niece aged 23 or 24 years. She has a job which is not likely to enable her to acquire large capital sums.

Rafia Munni is said to have paid £8,000 directly to K&L Gates [Lutfur’s solicitors] on 17th July 2014. This is the only payment so described and I infer that the rest of the payments (amounting to £741,500) were made to the defendant who paid them onwards to K&L Gates. This inference is supported by the payments out to that firm from the defendant’s Natwest account to which I will come shortly. In addition to that payment Rafia Munni paid further sums amounting to £34,730 in September and November 2014. Again, the evidence suggests that her employment is unlikely to generate such sums.

Limehouse.com is said to have lent £25,000 and the London Training Centre £22,000. The financial circumstances of these companies, so far as the evidence reveals, do not permit the making of such loans. Therefore, the suggested sources of these payments into the defendant’s bank accounts are questionable.

Where did the money come from? A further question is this: why did all these people lend the defendant money? A donation to a political cause is one thing, but a loan implies an expectation of repayment. Why did anyone think that the defendant would be able to repay £749,500 in loans? According to him, he has a 26% share in one property in London and £12,659.62 in the Bank. It is reasonable to infer that some of these lenders must have a different view of the creditworthiness of the defendant than this. How has this come about?

Other notable names on the list include Cllr Sullik (aka Suluk) Ahmed, who is said to have lent £60,000. According to his current register of interests he has no employment or declarable income. He is said to be reasonably wealthy from a house renovations company he used to run.

Other councillors include Maium Miah with £4,500. According to his register of interests as of August 2015, his employment is as a Community Development Worker at the Island Neighbourhood Project, Methodist Church (although according to this statement dated October 2014, that project has since closed down). Cllr Aminur Khan, Rabina’s husband, lent £14,500, while Cllr Ghulam Robbani seems to have had a spare £10,000.

Quite possibly the wealthiest name on the list is Amirul Choudhury, who gave/lent £30k. He owns and runs successful ChyTel Communications a mobile phone shop on Mile End Road and which forever advertises in East End Life.

A former council employee, Mazharul Alom, who used to work for not a great deal of money in Lutfur’s mayoral office before suddenly walking out rather abruptly on John Biggs last month, is also on the list. He appears to have had £3,500 spare. He gave that money to Lutfur by cheque on May 8, a few days after the Waterlily when the calls for help were at their most intense. How very generous.

The full list of transactions disclosed to the court is below.

A number of people are now examining each and every one. Anyone who has solid evidence or credible information and not mere speculation, please get in touch.

Lutfur’s lawyers have stressed throughout there is no wrongdoing in any of this.

No Date From Amount (£)
1 17/07/2014 Rafia Munni 8,000
2 19/08/2014 All Seasons Lettings 5,000
3 19/08/2014 All Seasons Lettings 15,000
4 03/09/2014 Shahed 2,000
5 03/09/2014 Rafia Munni 1,730
6 03/09/2014 Rafla Munni 7,500
7 04/09/2014 Shenaly Miah 15,000
8 05/09/2014 Rujina Yasmin 5,000
9 08/09/2014 Shahed 2,000
10 08/09/2014 Ayesha Farid 270
11 08/09/2014 Rafla Munni 5,500
12 15/09/2014 Foujiya Sultana 5,000
13 15/09/2014 Foujiya Sultana 10,000
14 15/09/2014 Foujiya Sultana 10,000
15 19/09/2014 Nanu Miah 6,000
16 24/10/2014 All Seasons Lettings 10,000
17 31/10/2014 CLR Maium Miah 2,000
18 Nov/2014 Afia Farid 1,000
19 Nov/2014 Rafla Munni 2,000
20 Nov/2014 Rafla Munni 3,000
21 Nov/2014 Mehdi Hasan Choudhury (Radi) 3,500
22 Nov/2014 Syed Misbaul Reza 2,000
23 Nov/2014 Syed Shahriar 3,000
24 Nov/2014 Rafia Munni 2,000
25 Nov/2014 Shenaly Miah 5,000
26 Nov/2014 Rafla Munni 3,000
27 Nov/2014 Foujiya Sultana 15,000
28 Nov/2014 Rafla Munni 10,000
29 Nov/2014 Mehdi Hasan Choudhury (Radi) 5,000
30 Nov/2014 Mamunur Rahman 5,000
31 Nov/2014 Saif Uddin Moni 1,000
32 Nov/2014 Lutfur Rahman 3,000
33 Nov/2014 Rujina Yasmin 2,000
34 Nov/2014 Dipa Begum 3,000
35 Nov/2014 Shamsun Noor 5,000
36 Nov/2014 Shamsun Noor 7,000
37 Nov/2014 CLR Aminur Khan 2,000
38 Nov/2014 All Seasons Lettings 10,000
39 Nov/2014 CLR G Rabbani 5,000
40 Nov/2014 Nafisa Nargis Robbani 5,000
41 03/11/2014 Roseina Yasmin 10,000
42 06/11/2014 Mohammed Abdul Munim 25,000
43 14/11/2014 Lutfur Rahman 1,000
44 14/11/2014 Lutfur Rahman 2,000
45 18/11/2014 Lutfur Rahman 2,000
46 20/11/2014 Mamunur Rahman 3,000
47 21/11/2014 Afia Farid 2,000
48 Dec-2014 Fateha Ahmed 5,000
49 Dec/2014 Amirul Choudhury 10,000
50 03/12/2014 Mohammed Abdul Munim 25,000
51 09/12/2014 Foujiya Sultana 40,000
52 19/12/2014 CLR Aminur Khan 10,000
53 19/12/2014 Anuwar Ali 10,000
54 29/12/2014 Mehdi Hasan Choudhury (Radi) 10,000
55 29/12/2014 Mamunur Rahman 3,000
56 29/12/2014 Jayed Khan 10,000
57 29/12/2014 Mornotaz Begum 5,000
58 30/12/2014 Lutfur Rahman 2,000
59 30/12/2014 Mehrajul Islam Bokul Syed 3,000
60 30/12/2014 CLR Maium Miah 2,500
61 Jan/2015 Limehouse.com (10,8,7) 25,000
62 02/01/2015 CLR Aminur Khan 2,500
63 05/01/2015 Syed Farazul Islam 2,000
64 21/01/2015 Afia Farid 1,000
65 23/01/2015 Muzirul Haque 25,000
66 26/01/2015 Mehdi Hasan Choudhury (Radi) 1,000
67 30/01/2015 Muzirul Haque 8,000
68 Feb/2015 London Training Centre 5,000
69 Feb/2015 Amirul Choudhury 5,000
70 02/02/2015 Saif Uddin Moni 4,000
71 03/02/2015 Lutfur Rahman 1,000
72 04/02/2015 Zuber Ahmed 3,000
73 06/02/2015 Zuber Ahmed 3,000
74 06/02/2015 Muzirul Haque 9,000
75 06/02/2015 London Training Centre 7,000
76 06/02/2015 Anuwar Ali 10,000
77 23/02/2015 A Chowdhury 10,000
78 23/02/2015 A Chowdhury 10,000
79 27/02/2015 Amirul Choudhury 10,000
80 02/03/2015 Baig Ahmed 2,000
81 03/03/2015 Salik Zahid 5,000
82 09/03/2015 Baig Ahmed 2,000
83 09/03/2015 Amirul Choudhury 10,000
84 09/03/2015 Shamsun Noor 5,000
85 09/03/2015 Razia Salique 3,000
86 09/03/2015 Lutfur Rahman 3,000
87 09/03/2015 Saif Uddin Moni 2,000
88 09/03/2015 Suma Rahman 2,000
89 09/03/2015 Kamal Uddin Chowdhury 1,000
90 10/03/2015 Sanjid Sarni 5,000
91 10/03/2015 Saleh Abed 3,000
92 10/03/2015 Syed Ferdous Ali 3,000
93 10/03/2015 London Training Centre 5,000
94 11/03/2015 Baig Ahmed 1,000
95 11/03/2015 Masuma Sultana 2,000
96 16/03/2015 Salik Zahid 1,000
97 16/03/2015 London Training Centre 5,000
98 30/03/2015 Ashadur Rahman 10,000
99 07/04/2015 Saif Uddin Moni 1,000
100 10/04/2015 CLR Sullik Ahmed 15,000
101 13/04/2015 CLR Sullik Ahmed 15,000
102 16/04/2015 Lutfur Rahman 3,700
103 16/04/2015 Kamal Uddin Chowdhury 300
104 24/04/2015 Shamsun Noor 5,000
105 28/04/2015 CLR Sullik Ahmed 10,000
106 30/04/2015 CLR G Rabbani 5,000
107 30/04/2015 Rina Begum 11,000
108 30/04/2015 Jabir Miah 4,000
109 05/05/2015 CLR Sullik Ahmed 20,000
110 08/05/2015 Mazharul Alom 3,000
111 13/05/2015 Afia Farid 1,000
112 13/05/2015 Shamsun Noor 2,000
113 13/05/2015 Mehdi Hasan Choudhury (Radi) 5,000
114 13/05/2015 Ahfaz Miah 9,000
115 13/05/2015 Ahfaz Miah 1,000
116 14/05/2015 Azm Adbullah Zaki 5,000
117 14/05/2015 Masuma Sultana 5,000
118 14/05/2015 Foujiya Sultana 2,500
119 14/05/2015 M lslam 5,000
120 14/05/2015 M lslam 5,000
121 15/05/2015 Mohammed Abdul Munim 10,000
122 15/05/2015 Mamunur Rahman 500
123 18/05/2015 Tufeil Sattar 1,000
Total £749,500

Read Full Post »

UPDATE May 1: I’m taking a break from blogging for a few days. Have fun.

The walls continue to cave in. Everyone knows by now of the three major developments today. In chronological order:

1. Rabina Khan was being offered the chance to stand as the Tower Hamlets First candidate, causing a row within the ‘party’ about how Lutfur Rahman took that decision.

2. Eric Pickles announced a full takeover of Tower Hamlets council via his Commissioners, of whom there are now four. [Today, Chris Allison, a former senior Scotland Yard policeman (profile of him here), and Alan Wood, a former children’s service director at Hackney (profiled here), were also appointed. Their backgrounds raise the question of whether more serious alarm bells have started to sound about aspects of the council.]

3. The Electoral Commission, following the Mawrey judgement, have banned Tower Hamlets First as a political party. Whether the existing THF councillors can still call themselves the THF group is another question. Certainly they’re still listed as such on the council website.

So Rabina Kahn, if she accepts Lutfur’s offer, will have to stand under another banner or as in independent. It’s inevitable that the police will take a keener than usual interest in how any campaign is funded.

As for who she might face, I’m asking all major candidates to write for this blog to outline the reasons why they’re standing and to give some flavour of their manifestos.

Cllr Peter Golds, who has applied to stand for the Tories and who by far has been the main figure scrutinising Lutfur all these years, was the first to reply.

Here’s his piece:

Peter-GoldsBy Peter Golds

Tower Hamlets has become an authority immersed in secrecy and damaged by corruption.

One way to stop corruption is to ensure that the council is transparent. If I were Mayor then the two-way mirrors surrounding the Mayoral offices would go. I have no fear of the taxpayer knowing who I meet and when.

East End Life, with its endless propaganda, will go.

Cabinet will be reduced in size; it can be ten members but that is not a necessity. I will invite all the party leaders and the chair of Overview and Scrutiny to attend as ex-officio members, with full access to papers and the right to contribute at meetings.

Cabinet will meet around the borough and public participation will be encouraged. Only the most confidential material will be heard in secret and for that a good reason will need to be given.

As Mayor I will answer all questions from councillors and the public over matters for which I have direction. Reports from Overview and Scrutiny will be referred to council and I will respond to those. The “human rights” excuse for silence will never be repeated.

Over the next three years I will hold a question and answer session in every ward of the borough. Unlke Lutfur Rahman, I have no fear of the electorate and would relish meeting the voters.

The Mayoral “Town Hall parking space” will also go. I have my own small car and an oyster card – they are sufficient for me to get around the borough for meetings, at my own expense.

  • The Mayor’s office staff will be drastically reduced and you, the taxpayer will know who they are and what they do.
  •  The Chief Officer will be responsible for managing staff, who will be expected to deliver policy. It will not be my job to manage staff. Devising and promoting policy will be the job of the Mayor. The Chief Officer will be responsible for directing and managing staff.
  • On Day One I will examine the detailed financial outlook for the next three years. I will then be able to decide where resources should be directed.
  • I will revisit the Local development Framework. Tower Hamlets has too much overdevelopment and a lack of joined up thinking.
  • New development requires new schools, medical facilities and improved transport, and this will be an integral matter in planning policy.
  • I support the proposed Planning Forum for the Isle of Dogs and will promote these elsewhere in the borough.
  • Tower Hamlets Homes needs to be restructured and the first stage will be for an Independent Board, to be run arms length from the council and not an extension of Tower Hamlets First.
  • I will meet regularly with the other RSLs and expect them to join me for open meetings with their tenants and leaseholders.
  • The Rahman regime has seen the borough isolated from our neighbours and statutory service deliverers. Tower Hamlets is a proud part of London and any administration led by me will be outward looking and fully engaged with our neighbours.
  • Our schools have seen marked improvement over recent years. I will ensure that this continues and that there is a full range of varied school provision for future generations.
  • The recent situation of parents attending the council over nursery closures whilst the Mayor carried on squandering money on his personal vanity projects was a scandal. This will not happen under any administration that I lead.
  • The Rahman administration’s treatment of our elderly and vulnerable has been wrong and I will ensure that this changes with adequate provision where necessary.
  • Island Gardens, Victoria Park and Bethnal Green Gardens, are just three of our open spaces that have been neglected by Tower Hamlets First. They are part of our heritage; all our open spaces will be audited and a scheme of improvement will be devised. Local people love their parks and they will be consulted and involved in the improvements.
  • Just as we saved Bancroft Library, Old Flo, another icon of the East End, will not be sold to an oligarch. I will make every possible effort to bring Old Flo back home.

Tower Hamlets has a vast budget, provided entirely by the taxpayer. Much of this is ring fenced, however managing this brings responsibility. An outward transparent administration, unafraid to face critics and learn from mistakes will help restore the battered reputation of this authority.

This is my manifesto to bring this transparency to fruition with a fresh start which will wipe the slate clean and restore good governance to our great borough.

Read Full Post »

This is the Written Ministerial Statement from Eric Pickles in the Commons today. It explains why the Commissioners have been sent in and gives his opinion on the representations made by Mayor Lutfur Rahman and Tower Hamlets council on the PwC report.

In short, Eric says: “It is disappointing that there is a culture of denial in the mayoral administration about its systematic failures.”

Here’s the statement (I’ve underlined and put in bold font what are considered the key sections).

I would like to update hon. Members on a series of steps we are taking to improve the quality of local government services and ensure value for taxpayers’ money.

London Borough of Tower Hamlets

On 4 November, I informed the House that I was satisfied, having considered the report of the inspection by PricewaterhouseCoopers LLP (PwC) of Tower Hamlets Council, that that Council is failing to comply with its best value duty, and proposed to statutorily intervene to secure the Council’s compliance with that duty.

I gave the Council until 18 November to make any representations it wished on the inspection report and my proposal for intervention, and I sought and received from the Council certain undertakings not to take further specified actions on grant making, appointment of statutory officers, and transfer of property to third parties, until I had reached decisions about the use of my intervention powers.

I have now carefully considered all the representations that the Council has made. I have also considered afresh the PwC inspection report and the report the Election Commission published on 1 July 2014 into the elections in Tower Hamlets, and I have had appropriate regard to other representations that I have received about my proposed intervention.

I remain satisfied that the Council is failing to comply with its best value duty. It is disappointing that there is a culture of denial in the mayoral administration about its systematic failures.

As I said in my previous statement: “Localism requires local accountability and local democracy. Municipal corruption undermines the local checks and balances that are vital in a democracy and essential in mayoral systems with their concentration of power. We cannot risk such corruption”. But this is not just about the money. The abuse of taxpayers’ money and the culture of cronyism reflects a partisan community politics that seeks to trade favours and spread division on the rates. Such behaviour is to the detriment of integration and community cohesion in Tower Hamlets and in our capital city. This remains my view.

I have concluded that it is both necessary and expedient for me to exercise my intervention powers in the Local Government Act 1999 as I have proposed, and accordingly, I have today given the Council the necessary directions under section 15(5) and 15(6) of the 1999 Act to implement the proposed interventions.

These are centred on putting in place until 31 March 2017 a team of Commissioners to oversee or exercise certain of the Council’s functions. It is open to me to review this in the light of the progress made by the Council to secure compliance with its best value duty. I have nominated Sir Ken Knight to be the Lead Commissioner. Max Caller CBE has also been nominated  as a Commissioner, and I will announce a further Commissioner in due course.

In summary, the specific intervention measures are as follows.

(1) To require the council

to draw up and agree with the Commissioners within three months from the date of the direction a strategy and action plan for securing the Council’s compliance with its best value duty (to include as appropriate complying with the specific requirements set out below), and to submit this to the Secretary of State;

to prepare under the direction of the Commissioners and submit to the Secretary of State at 6 monthly intervals thereafter until 31 March 2017 a report on progress against the strategy and action plan;

to undertake as a matter of urgency a recruitment exercise, under the direction of the Commissioners, with the aim of making as soon as practicable, permanent appointments of suitable persons to the positions of the three statutory officers (Head of Paid Service, Chief Finance Officer, and Monitoring Officer);

until 31 March 2017 to obtain the prior written agreement of the Commissioners to (a) any dismissal or suspension of a statutory officer; and (b) any proposed appointment or designation of a replacement;

until March 2017 to obtain the prior written agreement of the Commissioners before entering into any commitment to dispose of, or otherwise transfer, to third parties, any real property other than existing single dwellings for the purposes of residential occupation;

within 3 months from the date of the direction, to prepare a fully costed plan for how the Council’s publicity functions can be properly exercised and agree that plan with the Commissioners; and until 31 March 2017 adopt any recommendation of the Commissioners with respect to that plan or to publicity more generally;

by 1 February 2015 to prepare and implement an action plan, in consultation with the Commissioners, to achieve improvements in the Council’s processes and practices for entering into contracts, and until 31 March 2017 to adopt all recommendations of the statutory officers in relation to the processes and practices to be followed in relation to entering into contracts, unless the Commissioners’ prior written agreement is obtained not to do so.

(2) The Commissioners to exercise until 31 March 2017 all functions of the Council relating to the making of grants, including responding to Freedom of Information Act requests in respect of grant payments, with the Council providing at the request of the Commissioners its views on proposed grants.

(3) The Commissioners to exercise until 31 March 2017 the Council’s functions of appointing persons to and removing them from the posts of Electoral Registration Officer and Returning Officer for Local Elections (this will also apply to their general election duties).

The Council will be required to comply with any instructions of the Commissioners in relation to the exercise of those functions for which the Commissioners are responsible, and  to provide the Commissioners at its expense with such services, amenities and administrative support as the Commissioners may reasonably require, and with access to the Council’s premises, documents, and to any employee or member as appears to the Commissioners to be necessary. The Council will also be required to pay the Commissioners’ reasonable expenses and such fees as I determine.

Intervention was not a decision taken lightly, however I could not allow the overwhelming evidence of the serious failings within Tower Hamlets to continue unchecked. I do not accept the Mayor’s representations that the problems in the Council can easily be put right.

Residents need to know that decisions are being taken properly in an open and accountable way. The Commissioners I am appointing are experienced and talented professionals who understand that transparency and accountability are vital to the functioning of local democracy.

Local government transparency

The Coalition Government has taken many steps during this Parliament to place more power into citizens’ hands to increase democratic accountability and make it easier for local people to contribute to the local decision making process and help shape public services. Transparency is the foundation of local accountability and the key that gives people the tools and information they need to play a bigger role in society.

In October, we issued the Local Government Transparency Code 2014 and have made it a legal requirement for local authorities to publish much of the data specified in the Code. Today, we have taken another step forward in ensuring that local people have key information to hold public bodies to account by publishing a Transparency Code for smaller authorities.

Under the new local government audit regime smaller authorities will be subject to the transparency requirements laid out in this Code in place of routine external audit. The Code will require the on-line publication of information that provides taxpayers with a clear picture of authorities’ activities, spending and governance, improving the ability of communities to hold local public bodies to account.

The Transparency Code for Smaller Authorities applies to parish councils, internal drainage boards, charter trustees and port health authorities with an annual turnover not exceeding £25,000. Published initially as recommended practice, we intend, subject to Parliament, to make the Code mandatory by the start of the 2015-16 financial year and will offer support to this local government sector to help authorities comply with these requirements.

Backing locally-supported joint working

There are many ways that local authorities can work together to save money and improve services, but there is equally no one-size-fits-all model either. The Dorset Fire Authority and the Wiltshire and Swindon Combined Fire Authority have formally made representations requesting a merger. We have today published a consultation paper on their proposals.

Contrast to the last Administration, we do not believe in top-down restructuring. Nor do we agree with the current proposals of the HM Opposition to force more mergers. The botched FireControl programme is a prime example of how such restructuring is expensive and distracting. Rather, we will support locally-led partnerships, where there is genuine support from all members of the local community, and the consultation will test this local support.

Improving support arrangements for local councils

It is important to have in place the most effective arrangements to help councils across the country to continue to improve and reform – essential if they are to deliver sensible savings.

Councils have a right to expect services designed to support them are the best they can be, provide the support they need and provide best value for money.

In 2015-16, we intend to provide grant of £23.4 million to the Local Government Improvement and Development (formerly IDeA) to deliver effective support to councils. This will be accompanied by robust scrutiny to ensure that every pound spent by them is spent appropriately and on providing direct support to councils. We expect of them the same standards and value for money as we expect of councils delivering frontline services, and we expect them to be transparent with councils about how they have spent the grant and the services they deliver to support councils.

The Coalition Government’s policy is to open up budgets to competition wherever possible. We intend to explore how the budget given for improvement services can be opened up to competition with contracts in place for 2016-17, allowing councils, council groupings, think thanks, mutuals and other interested parties to bid for such funding, and drive further best practice in local government.

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At last. Two of the three Commissioners to be appointed by Eric Pickles to run parts of Tower Hamlets council arrive for work this morning.

They are Sir Ken Knight, who will be the lead Commissioner, and Max Caller. The third will be announced in due course.

Both Sir Ken and Mr Caller are heavy-hitters.

Sir Ken is the better known nationally, while Mr Caller has a huge reputation as a local government Mr Fixit man: he was in charge of Hackney council from 2000-04 when that authority was being transformed under special measures.

First, Sir Ken:

s300_ken_knight

He’s currently a director of his own consultancy company, Ken Knight Consulting Ltd, having retired from the fire service.

He has a distinguished career. He oversaw the London Fire Brigade as London Fire Commissioner from 2003-07, including during the July 7 terror attacks.

Since that stint ended in 2007, he has worked on a number of high profile projects for central governments, both in the UK and abroad. In Britain, he worked until last year as the Government’s first Chief Fire and Rescue Adviser.

He wrote the Rising to the Challenge report on the 2007 floods and was in charge of the review into the Lakanal House fire disaster in Camberwell in 2009.

And last year, he completed the cost-saving review of England’s 46 fire authorities, which found £200million could be saved.

You can see why ministers like him. Unions have a different opinion. How Lutfur Rahman and he will get along is anyone’s guess. However, Lutfur’s mentor Ken Livingstone did once have a legal run-in with him in 2007.

Here’s an extract from Sir Ken’s Linkedin profile.

Sir Ken Knight linkedinThere is more on his own website, here, which states he is the independent chairman of the board of Exova, a large company specialising in providing fire safety materials. I can’t find his name on Exova’s website so that might be an old listing.

He is also one of the Queen’s Deputy Lieutenants for London, so he will probably know Commander John Ludgate, the Deputy Lieutenant for Tower Hamlets who does a fabulous job of looking both bemused and amused during council meetings.

And so to Max Caller.

Max Caller

In this interview here, he talks about how his career started off as a sewer inspector in the underbelly of London. So fantastic training for the current situation in Tower Hamlets.

Actually, I think he will be great for the borough: he’s a former chief executive of Hackney, Barnet and Haringey councils and he’s been an election observer in Albania. What more do you need…

The Government’s biography of him states:

Max Caller CBE has amassed 33 years experience in London boroughs with the majority at Chief Officer level.

As Chief Executive of Hackney, he managed the transition of the authority from the worst in the country to one of the fastest improving.

As Chief Executive of Barnet he introduced a cabinet form of governance and an effective scrutiny system, which was one of the models for subsequent legislation.

Max was appointed the first Regional Returning Officer for London for the 1999 European elections, was Deputy Chief Counting Officer for the UK wide Alternative Vote referendum and has been involved in electoral pilot arrangements on an all-postal/electronic counting system for borough and mayoral elections.

He has also served as a short term observer for OSCE overseen elections in Albania and Montenegro and as a Commonwealth observer for elections in Kenya and Ghana.

Since April 2010 he has been chairman of the Local Government Boundary Commission for England.

He grew up in South Wales and is an engineer by background. He’s also on the advisory board of Norwood, a leading Jewish charity whose president (in the interests of transparency) is my employer (until Friday), Richard Desmond.

Here’s an extract from Eric Pickles’s press release issued this morning:
The team will, with immediate effect, take control of grant making within the council, will approve any sale or disposal of property and will agree a plan for publicity after independent inspectors PriceWaterhouseCoopers (PwC) concluded the Borough was failing in its best value duty in these areas.

The PwC report, published on November 4, severely criticised how grants were handed out to organisations which failed to meet basic criteria for public funding, property was sold without proper process and taxpayers’ money was spent on political advertising for the Mayor.

The authority, under the direction of the Commissioners, will have three months to prepare a strategy and action plan setting out how it will comply with its duty to act openly and transparently, serving all of its communities fairly and securing value for money.

The Commissioners, due to be in place until 31 March, 2017, will drive forward the action plan, updating the Secretary of State every six months on progress.

Secretary of State Eric Pickles said: “Intervention was not a decision taken lightly however I could not ignore the overwhelming evidence of the council’s failure, and allow this to continue unchecked. I do not accept the Mayor’s representations that problems are easilhy put right.

“Residents need to know that decisions are being taken properly in an open and accountable way. The Commissioners I have appointed are experienced and talented professionals who understand that transparency and accountability are vital to the functioning of local democracy.

Lead Commissioner Sir Ken Knight said: “We are determined to restore faith in how Tower Hamlets operates. Local people deserve a council that not only makes decisions in an accountable and transparent way but also with the benefit of all residents in mind

“Today marks the start of a long but necessary journey to ensure public confidence in the council is restored, community cohesion maintained and that Tower Hamlets is no longer a by-word for poor governance.”

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A High Court judge today rejected Tower Hamlets council’s long running legal challenge to Eric Pickles’ decision to send in inspectors to the town hall.

Mr Justice Goss refused the council permission to proceed to a full judicial review of the legal basis for the inspection, which culminated in PricewaterhouseCooper’s highly critical report of the town hall last week.

Today was the second rejection of the council’s legal bid by a senior judge and its costs are in the region of £50,000.

In August, Mr Justice Kenneth Parker in a written ruling (here and here) had described the application as “hopeless” and “unmeritorious”.

Undeterred, the council, led by Mayor Lutfur Rahman and advised by Interim Monitoring Officer Meic Sullivan-Gould, then requested today’s oral at the Royal Courts of Justice.

However, the council’s barrister, Jonathan Swift QC, lost his argument.

The council’s legal costs on this case alone are at least £40,000.

Today’s judge also ordered the town hall to pay DCLG’s legal costs of £8,500.

When Eric Pickles announced the inspection in April, the council issued a statement “welcoming” the chance to prove it spent taxpayers’ money in a “best value” way.

The council was then criticised by the Government for dragging its heels during the inspection and while it contested its legal basis.

Local Government Minister Kris Hopkins said after today’s hearing: “We are pleased that the courts have thrown out Tower Hamlets’ legal challenge for a second time.

“However, it is disappointing that local taxpayers are having to foot the bill for the Mayor’s legal costs.

“This reflects a culture of denial in the local authority about the dysfunctional governance of the mayor’s administration.”

Mayor Rahman said: “Our case challenged the £1m cost of the audit and raises fundamental questions about the legal relationship between local and central government.

“We are disappointed that the judge refused permission for us to proceed to a full Judicial Review hearing. We are now fully engaged with responding to the Secretary of State’s proposals and will continue to do all we can to ensure that our residents interests come first.”

…………

This was Mr Justice Kenneth Parker’s written ruling from August:

3 - Tower Hamlets Judicial Review Judgement 3a - Tower Hamlets Judicial Review Judgement

Today, Mr Justice Goss said he could not do any better than his colleague. He read out ground three again in its entirety.

The first ground (on timing) was not considered again today as it was regarded as “hopeless” first time round, and Tower Hamlets decided not to put it forward.

……and two days ago, Ken Livingstone at the Water Lily rally urged Lutfur to hire the best lawyers and challenge Eric Pickles’ proposal to send in Commissioners.

Ken did not say that he would personally fund such a challenge. Funny that.

It’s always easier with other people’s money.

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Exactly seven months after Eric Pickles ordered Government-appointed inspectors to examine the books at Tower Hamlets council, the Communities Secretary will tomorrow publish their findings.

The report from PricewaterhouseCoopers will be published on the DCLG website at 9.30am, just as a written ministerial statement is made in the Commons.

Three hours later, the minister himself will make an oral statement in the chamber outlining the Government’s response.

Only a handful of people know what’s in the report: ie at PwC and at the very top of DCLG.

At this time of writing (about 8.20pm Monday), even Mayor Lutfur Rahman does not know what’s in it. It may be that the report has been sent to the council’s Head of Paid Service, Stephen Halsey, but even that’s not clear. Presumably, Mr Halsey would have to brief Lutfur if he had received it.

So anyone claiming they’ve heard this or that about the report’s findings is quite likely spreading unfounded rumours.

However, it would be a surprise to almost everyone if Eric did not announce he was imposing a new chief executive on the council…at the very least.

Clearly, whether he goes further depends on what has been found.

Lutfur’s camp believe, from the various questions they’ve had to answer and check during the past seven months, that any direct Government intervention, eg the appointment of Commissioners to run procurement and grants, would be vulnerable to a legal challenge.

So we could see more taxpayers’ money spent on legal bills….on top of the cash currently going on lawyers for the judicial review of Eric’s original decision, a hearing due at the High Court on November 14.

When Eric made his initial announcement on April 4 (four days after the Panorama programme), the council “welcomed” the chance to clear its name.

Here’s that statement:

We welcome the opportunity to demonstrate that council processes have been run appropriately and to date we have seen no evidence to suggest otherwise. This inspection affords the borough the best opportunity to demonstrate that the borough has acted in the best interests of all residents. We will release further information in due course.

Well, you could say they had a funny way of showing it. There’s a feeling in Whitehall that the council deliberately dragged its heels over supplying information to the auditors.

As I’ve noted before, the inspection has been trying to determine whether the council has achieved “best value” with the public’s money. Handing it to lawyers to try and block that process didn’t go down too well. It fed a narrative.

Has there been any fraud? I have no idea. Certainly, Panorama never made that allegation….although their team did find evidence of a fraud linked to the Brady Youth Forum, as mentioned here.

If the PwC report hasn’t found fraud, expect the Lutfur line to be “I told you so”.

But I’d be astonished if there isn’t severe criticism of the council tomorrow.

A minister like Eric Pickles just doesn’t make oral statements to the Commons so he can have egg chucked in his face.

So over to you, then, Eric, me old chum.

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I keep being asked what’s the latest with the PwC report that Eric Pickles was due to announce in the Commons last week.

The answer is that it’s all a bit unclear.

I’m told Tower Hamlets council, with a certain “coup de theatre“, dumped a whole load of new documents on the PwC auditors at the very last minute of the report’s preparation (and five months after the investigation started).

This has caused something of a delay.

Parallel to this is another potentially interesting little conundrum. At the end of August, High Court Judge Sir Kenneth Parker declined an application from the council for a judicial review of the decision to send in the auditors in the first place.

In his written ruling, he used the word “hopeless” to describe one of the council’s arguments. He firmly rejected the other grounds as well. His ruling is here:

3 - Tower Hamlets Judicial Review Judgement

3a - Tower Hamlets Judicial Review Judgement

However, as The Wharf reported in September, the council was undeterred and applied for an oral hearing before another judge.

This has been granted and a date has been fixed for next month.

Here’s the question I’ve asked…Surely it would be illogical to publish the report ahead of that judicial review? If the court rules in favour of the council, ie it rules it was unlawful to send in PwC, then surely that would mean the report itself was unlawful in some way?

Put it another way: what would be the point of the JR hearing if by that time Eric Pickles had already published the report? Would that hearing then be obsolete in practical terms? If the report was so damning that Eric determined intervention was necessary, could that intervention then take place if the JR rules his original decision was unlawful.

He’d be in a bit of a pickle, and embarrassed politically.

Wouldn’t the council’s lawyers want to apply for an injunction on publication of the report prior to the JR hearing? Camp Lutfur Rahman is keeping quiet on the matter.

Sources in Eric’s Department for Communities and Local Government, meanwhile, say the two issues are separate. But I do wonder whether they might wait until after the JR.

Maybe one of the learned readers out there can help?

As for the Election Court petition, that is still going ahead. I’m being told by town hall sources it’s likely to happen in January, although the venue is still unconfirmed. It’s quite possible it won’t take place at the town hall in Mulberry Place after all, but at another building that can accommodate an accompanying media and public circus.

York Hall, the famous boxing venue in Bethnal Green, might be one (very appropriate) option.

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east end life

Bundles of East End Life left in the rain at the Bow distribution depot in 2012 (copyright Ted Jeory)

Is the end in sight for East End Life? It’s been predicted many times before.

But last Friday, Eric Pickles’s Department for Communities and Local Government quietly announced its latest move against 11 councils which continue to publish freesheets more regularly than the Government would like.

Not surprisingly, Tower Hamlets council’s weekly version–which has been the prototype for so many others, which costs far more than the council claims, and which drains vital funds from frontline services–is one of the top targets.

Ministers have given the council until October 9 to respond to their demands the paper should be published no more than four times a year. After that, the department will consider legal action.

Let’s quietly note that the deadline comes the week before Eric Pickles is due to stand up in the Commons and announce the outcome of, and any action arising from, the PwC report into ‘best value’ spending at Mulberry Place. East End Life was part of PwC’s remit.

The letter sent out by DCLG last week is scathing. It says Tower Hamlets is failing to abide by the local government Publicity Code. The council strongly contests this and claims East End Life is popular and serves a public interest. The council says EEL reaches hard-to-reach groups.

DCLG, on the other hand, maintains there are other ways of communicating with such groups and notes the council’s own boasts that broadband access in the borough has risen to 85 per cent.

The government also wants a “flourishing…independent and politically free local media” and argues East End Life works against that. It effectively says East End Life is biased towards Mayor Lutfur Rahman (as it was to the former Labour administration until October 2010).

It says other councils manage perfectly well with quarterly news-sheets, and were there to be any special circumstances in Tower Hamlets, these would justify no more than a couple of extra “special editions” in any year.

The London boroughs of Enfield, Greenwich, Hackney, Hillingdon, Lambeth, Newham and Waltham Forest, as well as Luton, Medway and North Somerset councils have received similar letters.

This is what Local Minister Kris Hopkins says:

Frequent town hall freesheets are not only a waste of taxpayers’ money but they undermine the free press. Localism needs robust and independent scrutiny by the press and public.

Councillors and political parties are free to campaign and put out political literature but they should not do so using taxpayers’ money.

This is the eleventh hour for 11 councils who we consider are clearly flouting the Publicity Code. They have all now been given written notice that we are prepared to take further action, should it be necessary, against any council that undermines local democracy – whatever the political colour.

And here are some extracts of the letter to Tower Hamlets council, the full copy of which I’ve attached below:

The basis of the Secretary of State’s proposal 

Information available to the Secretary of State indicates that the London Borough of Tower Hamlets does not attach sufficient importance to ensuring the lawfulness of its publicity. In January 2013 Ofcom concluded that an advertisement, showing the Mayor associated with the house building programme in the borough, was a political advertisement rather than a public service announcement and so breached section 321(3)(g) of the Communications Act 2003 and the UK Code of Broadcast Advertising. The Secretary of State is not aware of any subsequent acceptance by the London Borough of Tower Hamlets of the unlawfulness of this publicity or any firm public commitment of the Council to ensure the lawfulness of all its future publicity and accordingly is proposing the Direction above in relation to the specified provision on lawfulness. 

The balance which, with the approval of Parliament, the Publicity Code strikes is that the newssheets etc. of principal local authorities should be published no more frequently than quarterly. Moreover the Secretary of State recognises that the great majority of councils already publish their newssheets no more frequently than quarterly, notwithstanding the wide range of groups that display protected characteristics in the areas of many councils. 

Officials from the London Borough of Tower Hamlets wrote to the Secretary of State arguing that following a review of ‘East End Life’ in 2011, the publication was redesigned, TV listings were removed and the publication was made shorter. They also argue that ‘East End Life’ is the most cost effective solution as the weekly publication aims to run on a net-nil budget.

The Council notes that cost effectiveness in one of the seven principles in the Publicity Code, and that advice taken by the Council in 2011 and a finding by the then District Auditor indicated that the decision to proceed with weekly publication was lawful and justified having regard to the provisions of the Publicity Code. The Secretary of State’s provisional view is that these arguments do not sufficiently outweigh the case for as far as practicable maintaining an environment as conducive as possible to the flourishing of an independent and politically free local media, which is an essential element of any effectively operating local democracy. 

The London Borough of Tower Hamlets has not drawn to the Secretary of State’s attention any other special circumstances that could justify a departure from the frequency recommendations of the Publicity Code nor is the Secretary of State aware of such circumstances. Moreover, in any event, the Secretary of State considers it likely that were there to be any such circumstances, these would only justify one or two extra ‘special’ editions each year.

Public sector equality duty 

In considering the impact of any direction on the London Borough of Tower Hamlets’ public sector equality duty, the Secretary of State has noted that the Council consider that a printed weekly newsletter is “particularly important amongst those seeking work, older white residents and BME residents”.

The Council also state that there is reliance upon ‘East End Life’ by “key demographic subgroups in the Council’s area which, if there was no weekly publication, would otherwise have limited access to relevant information”. The Secretary of State also notes that the Council state that broadband access in Tower Hamlets has increased to 85 per cent and that the Council “would willingly negotiate a manageable timescale for transition to digital delivery”. 

The Secretary of State recognises it may be the case, as the London Borough of Tower Hamlets have commented, that some groups in the community that display particular protected characteristics, such as age, disability or religion/belief will less readily be able to obtain the information currently circulated in ‘East End Life’ and hence all other things being equal could be adversely impacted.

However, the Secretary of State believes that it is open to a council having such protected groups to effectively communicate as necessary with them about the services and other matters which are the responsibility of the council without publishing newssheets more frequently than quarterly.

The Secretary of State recognises that the great majority of councils already publish their newssheets no more frequently than quarterly, notwithstanding the wide range of groups that display protected characteristics in the areas of many councils.

Moreover, even if there is an adverse impact the Secretary of State’s provisional view is that the proposed Direction would be justified because of the Government’s overriding policy of maintaining across the whole country an environment that is conducive as possible to the flourishing of the independent and politically free local media. Such media is an essential element of any effectively operating local democracy and hence the pursuit of this policy is a high priority.

DCLG explains that publicity by local authorities should:

  • be lawful
  • be cost effective
  • be objective
  • be even-handed
  • be appropriate
  • have regard to equality and diversity
  • be issued with care during periods of heightened sensitivity

It does not inhibit publicity produced by political parties or councillors at their own expense.

And it says, “On appropriate publicity the Code states that:

Where local authorities do commission or publish newsletters, news-sheets or similar communications, they should not issue them more frequently than quarterly, apart from parish councils which should not issue them more frequently than monthly.

Here’s the DCLG letter to the council’s head of paid service, Steve Halsey.

And here are some more pictures of council waste:

East End Life

Copyright Ted Jeory

East End Life

Copyright Ted Jeory

East End Life

Copyright Ted Jeory

East End Life

Copyright Ted Jeory

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SEE UPDATE BELOW FOR EXTRA LETTER FROM PwC to DCLG

You’ll probably have heard by now (as I predicted here eight days ago) that Tower Hamlets council is filing for a High Court judicial review of Eric Pickles’ decision to send in PwC to inspect their accounts.

They announced their move yesterday, the day after Eric stood up in the Commons to tell MPs the council had caused a “considerable delay” in the inspection by failing to provide documents.

The full grounds for the council’s court action aren’t (as far as I’m aware) yet publicly available. Lutfur Rahman’s team (advised and encouraged by interim/consultant monitoring officer Meic Sullivan-Gould) believe they have a good case, although they haven’t yet laid it out.

The writ will become publicly available soon enough, but all we have to go on at the moment is a letter written by the Mayor to Eric Pickles yesterday. And that seems to focus on the costs of the audit, which the Government has estimated at about £1million.

That £1million will be borne by Tower Hamlets council, presumably regardless of the outcome.

So you can see there is a game of very high stakes poker here…and it’s not just limited to the politicians. Remember who wrote to the council’s Macavity Cat head of paid service Stephen Halsey in the first place? Answer…Sir Bob Kerslake, who is not only the permanent secretary in the Department for Communities and Local Government, but also the Head of the Civil Service itself.

If LexLutfur/Super Rahman wins, both Eric and Sir Bob will have some pretty serious explaining to do to Parliament. Which is partly why the DCLG said it would “robustly” contest the judicial review yesterday. Another simpler reason might be, of course, that Sir Bob strongly believes the decision was correct.

That said, I thought it would be useful to highlight here in one place all the publicly available correspondence on this issue.

Here are the letters from April 4 from Sir Bob to Halsey and from the DCLG’s Helen Edwards (in charge of the Localism section) to Will Kenyon, the partner at PwC:

bob kerslake, tower hamlets BK to SH 4 April2 PWC - Appoint finalPWC - Appoint final2These letters outline the scope. They say DCLG has received documents suggesting poor governance and suggesting possible fraud. They say PwC has had an initial review and further investigations are recommended. They say a file has been passed to the police and that the Panorama programme on March 31 has also raised further concerns. They say the inspection’s scope will relate to grants, transfers of fixed assets, the council’s publicity, and the way the council enters into contracts.

On the file to the police. We know the Met announced in May that it found “no new credible evidence of fraud”. But those files in DCLG’s possession did contain evidence of possible fraud in relation to the council’s dealings with the Brady Youth Forum. We also know that the council was aware of that alleged fraud in January (following a report by internal auditors Deloitte) but that was only reported to the police TWO months later AFTER Panorama started asking the council questions about it. It’s a good bet that PwC are asking why.

On the Panorama programme. I’m not sure Sir Bob is right to say that Panorama in its broadcast alleged “possible fraud”. It didn’t mention fraud at all. It questioned Lutfur’s governance.

On the scope of the audit, the areas look fairly clear to me, although I can see why the council might be arguing vagueness in relation to the way into enters into contracts. That said, without the keys to those doors, PwC would be pretty hampered.

On costs. Sir Bob tells the council it must pay PwC’s “reasonable fees”. Reasonable is a term loved by judges and lawyers and it means what it is. PwC isn’t allowed to lengthen the investigation merely to inflate its fees. And would it be reasonable to (as the council suggests) place a cap on PwC’s costs? PwC will go where the evidence takes them so this might well explain the frustration felt by council officers at having to produce yet more files as well as overseeing the “excellent” everyday services the council carries out.

Which brings us to the next set of letters.

*UPDATE: Thanks to Mark Baynes of the Love Wapping blog for highlighting this next letter, which I missed from the original post here. It’s a letter from Will Kenyon at PwC to Paul Rowsell, a senior director at the DCLG. In it, Mr Kenyon outlines the delays and gives examples of missing information. It’s a very useful insight into the kinds of questions being asked and paperwork sought. It’s a mind-numbing task and helps explain why auditors are paid so well… . One of the questions appears to relate to an advert placed with five Bengali TV stations, including Channel S, which was later censured by broadcasting regulator Ofcom.

 

140630_-_PwC_to_PR_final

140630_-_PwC_to_PR_final2

140630_-_PwC_to_PR_final3

140630_-_PwC_to_PR_final4

[No doubt, the auditors will also have come across this other example of procurement in Takki Sulaiman’s communications department, ie when in 2012 a botched deal to put up banners of the Mayor was given to Fortuna Associates, a consultancy run by Chris Payne who had a few months earlier been a mate of Takki’s as the head of advertising for East End Life.] /END UPDATE.

Here’s the letter from Paul Rowsell at DCLG to Stephen Halsey on Monday, June 30.

140630_-_Paul_Rowsell_to_SH_-_final_Page_1

140630_-_Paul_Rowsell_to_SH_-_final_Page_2

This expresses disappointment at the delays caused by the council. It also uses some alarmingly strong language about “material” affects on the “future circumstances at Tower Hamlets council? Is this a first indication/warning that some central government intervention and control is being planned? (The Mr Holme referred to is Chris Holme, the director of finance at the council.)

And this is Lutfur’s letter to Eric Pickles in response yesterday:

Letter to Rt Hon Eric Pickles - 1 July 2014_Page_1

Letter to Rt Hon Eric Pickles - 1 July 2014_Page_2

Just as Eric Pickles may have tried to make some political capital out of the delay to the audit in the Commons on Monday (by triggering suggestions the council was withholding documents, when the reality could well be they just can’t find them quickly enough, or they don’t exist), Lutfur, too, goes down that route.

From his letter we learn there has been a series of other unpublished letters in which the council has been complaining about justification, scope and costs. The great champion of public scrutiny and transparency that is Tower Hamlets council and its mayor say DCLG hasn’t been transparent and that it has failed to answer questions. I think that may have caused one or two ironic giggles at DCLG.

However, on the substance…Lutfur is entitled to ask about costs and cost controls. It would seem unfair if Tower Hamlets council taxpayers were to pick up the tab for any failed governance by its politicians and officers, or none at all. If the PwC report gives a clean bill of health, then surely there must be a clawback from Whitehall. If the report is damning, Pickles would be wise to say DCLG is picking up the tab as he installs emergency measures at the council. Either way, the residents in “one of the most deprived communities” in the UK (as Lutfur says) should not be penalised.

I’m also puzzled why Lutfur has been persuaded to insert into his letter absurd references to “10 million” items of data requested by the PwC. It sounds like a cheap line concocted by interim officers and communication chiefs. Maybe someone should FoI how they calculated 10 million and how long that exercise took them. As Cllr Andrew Wood, an accountant, pointed out here yesterday:

As a qualified acceptant who has been audited many times by PWC, I agree the 10 million separate data items is complete rubbish. There might be one request to provide all invoices paid by the council over the last year which might generate one spreadsheet with millions of cells but downloading it from any normal system only takes maybe a few hours or maybe an overnight batch run.

Takki and co may think this is a headline grabbing line for some press outlets, but it makes the council and the mayor look stupid.

As for what happens next…the council’s writ will be lodged and heard before a judge imminently.

And in the meantime, DCLG will continue its contingency planning. One thought: Tower Hamlets council is still without a chief executive; if the PwC report does come back with major failings, it would seem a perfect opportunity for him to install one. The last time he did that was in 2011 when he approved no-nonsense Jo Miller to run failing Doncaster Council.

Granted, there were much bigger service failures at Doncaster but there were similar dysfunctional politics to Tower Hamlets. Jo is highly regarded in Whitehall and many think she has turned the council around. When her job is done there, might Tower Hamlets be her next challenge?

 

 

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For a council perpetually under the cosh, Tower Hamlets doesn’t exactly help itself in the matter of public perception.

While I and many other journalists are used to being delayed by the Communications and Freedom of Information departments (actually, it sometimes seems they are one and the same), it’s probably not a good idea to deploy similar tactics with Government appointed inspectors.

Last week, I revealed that PwC had asked Eric Pickles’ Department for Communities and Local Government for another month to file their emergency report on transparency and governance.

Some on this blog speculated it was because the auditors had pre-booked holidays to honour. But it doesn’t work like that.

Today, Mr Pickles explained the delay to the House of Commons:

The investigators PwC have informed me the council has considerably delayed the investigation by delaying the provision of key information or simply not providing it at all. This is simply not acceptable and I am consequently extending the period for PwC to report. The cost will be met by the council. Whether the council likes it or not, this investigation will be thorough and comprehensive and I will update the House in due course.

Yes, there’s an element of politics in the language, but given it is PwC itself telling the Secretary of State the delays have been caused by the council, it’s serious stuff.

I have no idea what information the council is failing to provide. It could be a deliberate delaying tactic by the town hall’s lawyers (loose-tongued interim monitoring officer Meic Sullivan-Gould is in charge, so fear not taxpayers!); there’s some speculation they are considering an expensive Judicial Review on the audit.

That could also be the reason why the council is also refusing to supply me and other journalists a key spreadsheet. The day after the Panorama programme, Takki Sulaiman, the Head of Timely Communications, issued a statement to say the BBC had got its sums wrong. He said only £1.6m of the latest grants round had been awarded to organisations which had a Somali or Bengali CEO, chair or applicant. Panorama had accused Mayor Lutfur Rahman of increasing funding to Bengali and Somali groups by £2.1million to £3.6million.

We asked the council for a detailed breakdown of its numbers.

Last week, they refused the FoI request by relying on a Section 22 exemption, namely that the “information is being re-evealuated and it is intended to publish the information through the appropriate channels”. When I called for an explanation, an officer told me they were waiting for the PwC audit to finish because this information was being examined by them.

So I asked Will Kenyon, the PwC partner in charge of the audit, whether he had been consulted about the FoI request/refusal and whether he had asked for the answer to be delayed.

He replied:

As far as I am aware, your FOI request to the council has not been raised with us at any stage, nor has there been any discussion concerning the publication of the information you refer to.

So while the council was exceptionally quick to fire off its “rebuttal” statement in the wake of Panorama, it has been characteristically slow in providing the proof.

And still they complain when people ask “What have they got to hide?”

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