27 July - Bexley council. A matter of priorities
Just
a few days after revealing
the new complaints job
at Bexley council I have been sent a copy of the first fruit of their new found
interest in complaint handling. Adorned with their ever more incongruous slogan,
‘Listening to you, working for you’ comes a lavishly produced booklet for staff
giving guidance on how they might dodge awkward questions. Nothing new on how to answer
questions properly yet, but that’s not the priority.
Councils have a massive armoury of defence weapons against doing anything they
don’t want to do. The Information Commissioner (ICO) has no real teeth, it recommended
I go to law myself when Bexley council refused its instructions on my Subject Access Request.
The Local Government
Ombudsman (LGO) supports criminal intent, and if all else fails councils can
make up their
own rules to suit themselves; and
change them on a whim
when they don’t. When backed into a corner a council has a simple escape route.
It simply applies the ‘vexatious’ label and refuses to talk to you, hence the
haste in publishing the new booklet on when and how that ruse can be exploited.
It is only right that there is an agreed policy on dealing with complaints. Eleven years ago I
was threatened with the council’s
‘vexatious’ nonsense for writing three letters over two years
covering seven different subjects. It wasn’t vexatious then and probably
wouldn’t be under the new guidance so if it prevents rogue staff
making unjustified threats it may have some merit, but was fending off the more
vociferous complainants really the highest priority issue requiring attention?
Behaviour that might fall foul of the new rules include “making lengthy phone
calls, emails expecting immediate responses, detailed letters or emails every
few days”. Other things that may get you ruled vexatious are “Changing the
complaint as the matter proceeds” and “Refusing to accept a decision”. When I
found myself in the latter position and facing silence I started this website.
Maybe Bexley council has yet to learn the lessons of unintended consequences.
Decisions on vexatiousness will in future be made at Deputy Director level and there is
no appeal process other than to take the matter to the ICO or LGO.
Once labelled vexatious by Bexley council they may absolutely refuse to talk to
you again or limit communication to one method only, email, letter etc. They
may prevent you using services such as libraries, or to access any
council building. Draconian stuff if you upset a council officer as I did with
my three letters in two years.
I am sure some in the borough will be difficult to handle but Bexley has already
shown how easily it allows common sense to fly from its
window. Both Peter Ellershaw and Will Tuckley wrote to Olly Cromwell banning
him from council premises for following
the Communities Secretary’s guidance
on filming and Tuckley lied to the police in an attempt to stop “criticism of
councillors”. Guidance is necessary but is there any senior council manager in Bexley
one could trust to make the right decision? Based on what we have seen so far I think the answer must be no.