1 October (Part 4) - Another day ten minutes in court
I
was at Bexley Magistrates Court again this morning for the next stage of Rita
Grootendorst’s appeal against Bexley council’s Section 215 notice. It was all
over in fewer than 15 minutes and the council were told to have their trial
bundle ready by the 15th. Mr. Wong, the council’s legal officer, said he would try to get one ready.
The court officer said “try doesn’t come into it”.
To some extent the hearing seemed to be a waste of time that could have been
sorted out on the telephone but I did learn something.
Mr. David Bryce-Smith, constantly referred to by Mr. Wong
as a very senior council officer, had authorised the investigation
into Rita’s garden and signed the documents sent to her without authority
to do so. He lacked the “delegated powers” apparently. It was said in
court that he had issued a large number of Section 215s without possessing the
necessary powers - “over 100” was mentioned.
This illegal act has been retrospectively put right by providing Bryce-Smith
with the necessary power. Some sort of pen waving exercise I expect and very likely it
will now have no effect on the case. However the point is that once again Bexley
council has been acting outside the law and with the top five managers sharing
nearly a million pounds a year in salaries and perks one would expect rather better.