Cllr Email Read Receipt Redact

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  • 8/16/2019 Cllr Email Read Receipt Redact

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    Xxxx

    From: "Xxxx" To: Sent: 10 May 2016 14:37Attach: 7 Nov 2015 - ocj-complaint-0913.pdf; Perjury to Commit Fraud - 2 Dec 15.pdf; Section 1

    Magistrates court complaint - draft.pdfSubject: Fw: False statement to defraud through council tax liability application

    ----- Original Message -----From: Xxxx To: [email protected] Cc: [email protected] ; [email protected] ; Res - Customer Services ;[email protected] ; [email protected]: Tuesday, May 10, 2016 1:15 PMSubject: Fw: False statement to defraud through council tax liability application

    Dear Mr Hanmer

    I would like to know what progress has been made regarding one of NELC's employees committing perjuryto defraud me.

    I have had no reply in almost three weeks and would have expected to have had at least acknowledgementafter a day or so.

    Yours sincerely

    X. Yxxxx

    ----- Original Message -----From: Xxxx 

    To: [email protected] Cc: [email protected] ; [email protected] ; Res - Customer ServicesSent: Thursday, April 21, 2016 1:00 PMSubject: False statement to defraud through council tax liability application

    Dear Mr Hanmer

    False statement to defraud through council tax liability application

    North East Lincolnshire Council is already aware through being alerted in a formal complaint regarding one ofit's employees (Court Enforcement officer) committing a fraud offence against me.

    In brief, the council made an application to Grimsby Magistrates' court to obtain a Council Tax liability orderrelating to Council Tax (2015/16). Payments were made in sufficient amount to meet the legal obligation topay the sums set out on the demand notice and so my account was never in arrears.

    The Council engineered a 'non-payment' scenario, by allocating monies to a disputed sum which related to aprevious year's account that was under appeal to the High Court. That sum was suspended pending thecourt's decision which has yet to be concluded. The council allocate monies to the wrong accountattributing that decision to believing that the sum was no longer being disputed because the appeal had beenwithdrawn. I have evidence to support that this claim (included in the witness statement) was untrue, not onaccount of it never being withdrawn (though it hasn't), but specifically because it is beyond all reasonabledoubt that the council knew it had not been withdrawn. The council officer had therefore wilfully made astatement material in the proceeding, which he knew was not true.

    The Corporate Feedback procedure was evidently not the appropriate avenue to have the criminal element ofmy complaint dealt with as the Council flatly refused to address it, asserting that the concerns raised felloutside the scope of the complaints process. The Chief Executive, Rob Walsh must be ultimately responsible

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    as he is aware of the criminal allegations and has not, to my knowledge, acted on them. The letteraccompanying the final response to the complaint signed by the Chief Executive contained the followingstatement (Ref: NEL/1172/1516 ):

    "The enclosed investigating officer's report details the findings of this investigation which I consider hasbeen correctly and fairly carried out in accordance with the Council's Feedback Policy."

    I have since made enquiries into the Council’s policy on fraud and now aware of the approach it takes in

    dealing with these matters. I have accessed the relevant documents, whistleblowing policy, anti fraudframework and the fraud response plan etc. Given that my complaint alleged fraud and the council refused toaddress it, details should have been referred to the Audit, Risk, Insurance and Corporate Fraud teamimmediately in accordance with the 'Fraud Response Plan' (see relevant para below):

    "Complaints officers should consider all allegations of irregularity that may be included in a complaint orcomment and refer all cases to the Audit, Risk, Insurance and Corporate Fraud team immediately onreceipt. Allegations of this nature should be treated through this policy rather than the corporatecomplaints procedure as the timetable for investigating and reporting on complaints does not apply toComplaints of financial misconduct."

    I assume the policy was not adhered to as I've not been notified of commencement of an investigation orwhether the matter has been referred to the police. However, I suspect the council has not informed the police

    as my own contact with the force has led to no evidence that that is the case.

    Though it is unlikely any action has been taken concerning this matter, I would like informing of what steps thecouncil has taken, if in fact I have assumed wrongly.

    In any event, please take this email as an instruction for an investigation to be carried out in accordance withthe council's whistleblowing policy. For your information I have instituted proceedings pursuant to s.1 of theMagistrates' courts Act 1980 in this matter and a hearing is set for 29 April 2016 for the evidence to beconsidered by the court.

    In addition, please find attached documents (listed below) which when accompanied by the council's witnessstatement and exhibit documents, re 30 October 2015 court hearing, will be all the evidence required. Inaccordance with the council's Fraud Response Plan I would expect, subject to legal constraints, that I'm

    informed about how the matter is being addressed.

    Attached Documents

    1. Perjury to Commit Fraud - 2 Dec 15

    2. 7 Nov 2015 – ocj-complaint-0913 (See from heading Annex A to C )

    3. Section 1 Magistrates court complaint - draft

    Yours sincerely

    X. Yxxxx

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    Xxxx

    From: "Cllr - McGilligan-Fell, Christina" To: "Xxxx" < [email protected]>Sent: 10 May 2016 19:58Attach: ATT00170.txtSubject: Read: Fw: False statement to defraud through council tax liability applicationYour message

    To: Cllr - McGilligan-Fell, ChristinaSubject: Fw: False statement to defraud through council tax liability applicationSent: 10 May 2016 14:37:31 (UTC) Dublin, Edinburgh, Lisbon, London

    was read on 10 May 2016 19:58:19 (UTC) Dublin, Edinburgh, Lisbon, London.

    ---------------------------------------------------------------------------------

    Reduce your environmental footprint, please do not print this

    email unless you really need to.

    This electronic message contains information from North East Lincolnshire Councilwhich may be privileged or confidential. The information is intended to be forthe use of the individual(s) or entity named above. If you are not the intendedrecipient be aware that any disclosure, copying, distribution or use of thecontents of this information is prohibited. If you have received thiselectronic message in error, please telephone or email the number(s) or addressabove immediately. Activity and use of the North East Lincolnshire email system

    is monitored to secure its effective operation and for other lawful businesspurposes. Communications using this system will also be monitored and may berecorded to secure effective operation and for other lawful business purposes.Scanned by Anti Virus Software 

    03/06/2016