10. The Green Mile
Are you an idealist or a cynic? If it’s the former, you can think of Green Flag Awards - an annual certificate
awarded by Keep Britain Tidy to parks that meet certain criteria - as an incentive for a council to improve its
green spaces. If it’s the latter, you may see them as a way for a council to get some good publicity in exchange
for a £400-plus application fee, without doing anything on the ground. Guess
which way the #MakingBexleyEvenBetter council is swinging?
By no means an outlier among fellow London councils - Greenwich, for example, paid for a Green Flag for the
green space at Eltham Crematorium - Bexley Council has grabbed the figurative flag pole with both hands. I
remember how, in the halcyon days when I wasn’t blocked by @bexleynews on Twitter, I read how a Green Flag
given to Danson Park meant it was recognised as one of the world’s best parks. Take that, Yellowstone!
This year, it was the turn of Lesnes Abbey Woods. A FOI asked “What
improvements have been carried out at
Lesnes Abbey Woods in 2020-23 specifically to meet the requirements of the Green Flag accreditation?” The
answer was a short and honest “None”.
9. The Last Boy Scout
Hollywood has the Oscars, and Bexleyheath has the Teresas… sorry, Bexley Civic Recognition Awards. Every
year, Bexley spends hundreds of pounds to acquire a batch of paper certificates and plastic plaques - were
those £70 or £90 a pop? I forget - to give away to deserving residents, nominated by the people of Bexley. In
the last two years, fully 40% of the awards have gone to the Scouts - an anomaly which had absolutely nothing
to do with Vice Chairman of Bexley Scouts and Vice President of the Greater London South East Scouts, Bexley
councillor James Hunt, former Mayor of Bexley, being one quarter of the judging panel. (The panel includes the
current Mayor, two preceding Mayors, and a Labour representative, currently Cllr Mabel Ogundayo).
Scout comment: EVERY year since the Civic Awards were started (no idea when that was),
there have always been a huge amount of Scout and Guide applications. Why?
Scouting is the world’s largest volunteer led movement, since 1908. In
Bexley it is the largest youth volunteer group with around 2000+ Scouts, and
many leaders/volunteers. Each year the District submits VALID applications
for the Mayor to honour those volunteers with over 25+ years of service.
Funnily enough there are quite a few! That’s why year after year there are
large numbers of awards. Simples.
I calculated the 40% based on the output of an earlier FOI request, which asked for nomination statements for
the award winners. A second request asked for nomination statements for Bexley Civic Recognition Awards
losers. (The group includes BiB himself, nominated by yours truly, twice.
BiB: I really wish people wouldn’t do that. This was not the first time and I cannot think of many things more embarrassing.
One would think that the borough’s only local-politics blogger would be welcome at civic recognition awards. Not true. Alas, the council rejected
the request on privacy grounds - and I chose not to dispute the rejection. What kind of people do not make the
cut at the Bexley Civic Recognition Awards? Except for Mr Knight - who perhaps should be considering joining the Scouts - we can’t be sure.
Scout comment: @tony needs to stop chasing shadows and howling at the moon with expensive
theories. Maybe he could spend some of his time helping the community with
something that will make an impact like volunteer litter picking, reading in
the library. His constant whinges and attacks at volunteers like Scouts
just has to stop. And just for clarification this is my last year on the
awards panel, and next year there will still be lots of Scout nominations
and the same the year after and the year after and the year after - until
Scouting dies or the awards stop. And its down to four people to
decide...not one person. Why does he have a problem thanking people who
support our Boroughs young people? I am mindful not to reply to his emails as it
just give oxygen to his madcap messages.
But then, could the third time be the charm? ‘Tis Bexley Civic Recognition Awards season again, and this time,
we have a new and improved Mayor of Bexley, Cllr Ahmet Dourmoush, on the judging panel. Will he - and,
hopefully, Cllr Ogundayo - overpower the Scouts lobby and vote for an award to BiB? (Alternatively, have all
local Scouts been awarded now?) There is only one way to find out. Please complete the nomination form,
saying why you think BiB deserves a Bexley Civic Recognition Award.
https://www.bexley.gov.uk/about-council/recognition-awards/civic-recognition-awards
Unless his continuing electrical experiments result in accidental rejuvenation, Mr Knight has missed out on the
Young People award, leaving Voluntary Service by Adults and Outstanding Achievement categories, aka Paper
(Certificate) and Plastic (Plaque). I feel that Voluntary Service by Adults is a safer bet, but you can flip a coin and
go with Outstanding Achievement.
Your reward for completing the nomination form is the next installment of the FOI countdown!
8. The Lady Vanishes
As the Bexley council’s finances are sliding into a multi-million hole, the £147,853.20 spent by Teresa
O’Neill and her minions on the Tory PR exercise known as “ULEZ judicial review” increasingly looks
like small potatoes, but the partisan waste of public money still rankles.
The vast majority of Bexley residents who are not themselves liable for the £12·50 will be pleased to
hear that they are not paying the ULEZ charges through their council tax: a FOI response from
November indicated that in the first two months of the ULEZ expansion, the council’s ULEZ bill was
£0. The small minority of Bexleyites who do have to pay may be wondering - was the judicial-review
exercise the only thing that Teresa and Co. did for them? After all, Labour-run Merton and
Wandsworth councils each set up a £1-million scrappage scheme. What did the Bexley council do?
It set up a ULEZ Task and Finish Group, composed of four junior councillors (Smith, Adams, Brooks
and Ogundayo) and asked to develop mitigations of ULEZ expansion’s impact on Bexley residents.
The group got off to a flying start, with Cllr Ogundayo boasting of sterling bipartisan work at a Places
OSC meeting. Then, after just a few weeks, the ULEZ Task and Finish Group vanished.
One could be forgiven for thinking that “ULEZ Task and Finish Group” was a sexually-transmitted
disease. When asked about the group’s output in a FOI request, the council initially denied it existed!
Both Tory and Labour representatives of the group refused to talk about it. (Only the chairman, Cllr
Smith, responded at all).
A batch of four FOI requests obtained correspondence between the four councillors, and revealed (a)
a plan to set up an online survey, (b) a draft document with the most tantalizing section, “Proposals”, blank. That’s it.
I believe that Bexley did not provide the full correspondence of the ULEZ Task and Finish Group - for
example, there was never an email announcing its demise, which is odd - but I feel pretty confident
that Cllrs Adams, Brooks, Smith and Ogundayo just did not do a whole lot of work on the project, and
were embarrassed to admit it. (Cllr Ogundayo’s refusal to answer questions was especially
disappointing - so much for Labour being different!) If you are paying ULEZ charges, please do know
that both local Tories and local Labour have done nothing for you. Bexley Tories used the hopeless
judicial review as an excuse not to do anything else. Bexley Labour… simply were their usual lazy
selves, using Bexley Tories as their excuse.
Bexley Council’s ULEZ report.
7. The Odd Couple
Moz who? As Susan Hall’s mayoral candidacy ambles from a Tweet ‘Like’ for Enoch Powell imagery to a
stolen-but-returned wallet - unlike Liam Neeson’s character in Taken, Susan did
not even need to inform the miscreant of her “particular set of skills”. One barely remembers that a few
months ago she competed in the nomination race with a colourful gentleman named Moz Hossain. (Earlier,
Mr Hossain was mysteriously included in the short list by the Tory HQ, while London Tory heavyweight Paul
Scully was passed over. Another contestant, Daniel Korski, a David Cameron flunkie turned fake “tech bro”, was
derailed by - what else? - allegations of sexual assault). On July 3, both candidates visited the Bexley
Civic Offices and met with a group of Conservative councillors including Council Leader O’Neill.
Was it Ok to use council premises for a Conservative Party event? Bexley’s constitution says that council
resources cannot be “used for political purposes unless that use could reasonably be regarded as likely to
facilitate, or be conducive to, the discharge of the functions of the local authority”. I suppose one could make
the case that hobnobbing with a future Mayor could facilitate the council’s business - but wouldn’t such a
broad interpretation accommodate *anything*? Think of a (purely hypothetical) cocaine-fuelled rave in the
Bexley council chamber, attended by Michael Gove - would anyone in good conscience dispute such an event’s
possible relevance to the council’s negotiations with the Department for Levelling Up, Housing and
Communities? A Bexley-council-funded
asylum-seeker safari on the Kentish coast, led by Suella Braverman?
Completely sensible relationship building with a central-government department. etc., etc.
A FOI request asked the council: “Was use of council premises for a Conservative party event within council's
rules?” And this was Bexley’s response: “The role of the Leader as outlined within Part 3 of the Constitution
includes providing overall leadership to the Council. The Leader is also the principal spokesperson on Council
policy or matters affecting the Borough at local, regional or national level, to include issues relating to the
Greater London Authority. The Leader and other Councillors met with the Mayoral candidates to ascertain
their plans for London and specifically Bexley residents and businesses. The meeting was not a Conservative
party event, but towards the discharge of Council business”. (Emphasis added).
Note the claim that “The meeting was not a Conservative party event, but towards the discharge of Council
business”. How does this mesh with the fact that only Conservative councillors were present? The council’s
official voice never elaborated, but unofficially, it was reported that Suzie and Moz made a brief appearance at
a scheduled meeting of the Bexley Conservative councillor group. A little diversion after a work event focused
on council business, a dessert rather than the whole meal. And that made it completely alright.
If I were in charge of Bexley Labour, I just might use the precedent and invite Sadiq Khan into the Tory citadel at
2 Watling Street. Maybe Cllr Borella is saving that surprise for 2024.
6. Femme Fatale
Being a relative newcomer to Bexley - I didn’t even know the word until 2017, when a property viewing in New Eltham
brought me to Sidcup - I missed the golden age of Bexley Conservatives’ power couples, the time when the Bacons, the
Beckwiths, the Bishops and the Slaughters roamed the council chamber. [Note: Someone has forgotten the Hurts.]
The hallowed tradition of a husband and a wife firmly positioning themselves on the back of the Bexley taxpayer ceased
altogether in 2022, when Cllr Christine Bishop chose or was asked not to contest her safe seat, leaving her husband Brian alone
on the council’s salary sheet. (Ever the disciplined party soldier, Christine ran in a no-hope Bexley
Labour stronghold, and showed up in campaign photos with Bexley Conservatives’ favourite developer, a
gentleman with a history of health and safety violations and allegations of assault).
In late 2023, the last surviving member of one of the local Tory power couples, the former Blackfen
and Lamorbey councillor Brian Beckwith passed away. Brian’s wife Aileen, who had died years ago,
was for many years a councillor for the adjacent Sidcup Ward, @tonyofsidcup’s home patch. On at
least one occasion, the two councillors cast opposing votes: when the fate of Old Farm - Blackfen and
Lamorbey’s largest green space - was being decided, Brian, representing the ward, voted for
bulldozers, while Aileen voted against. Let me be frank - based on their Old Farm votes, I like Aileen
more than Brian. Even so, I could have avoided responding to the news of Brian Beckwith’s passing
with a Tweet - in my own feed, far away from the official announcement - recalling how, two years
ago, the Beckwith name came up in the Bexley Volunteer Event story.
In mid-2021, Bexley council decided to throw a party for the borough’s
volunteers who helped residents through Covid. The splashing-out did not feel right for a council
that - one of only four across England - applied for a ‘recapitalisation directive’ from the
government, a sign of financial trouble. On the other hand, the amount in question was not big - around
£50,000, a third of 2023’s ULEZ judicial review bill - with most of the money going to the caterer. In
a move that, again, was a bit odd for a council with money problems - but not against the rules -
Bexley chose not to advertise the contract. Instead, staff in the Mayor’s office, who were organising the
event, reached out to three or four companies, and obtained a single viable bid. That bid was from
a fairly new and, in retrospect, short lived company whose sole owner and employee was a Beckwith.
Wondering why a small company belonging to an individual with a familiar surname was invited to
bid for a sizable unadvertised contract must not seem outlandish to anyone aware of Conservatives’
“VIP Lane”. I revisited the Partygate after my Tweet prompted Twitter outrage from @bexleynews’
two moral compasses, Cllr Peter Craske and Cllr Philip Read. The duo lambasted me for besmirching
the memory of Cllr Beckwith, and at least one of them denied a - never claimed - family connection
between the company owner and the late councillor.
I found the businesswoman on LinkedIn and asked her if she was related to Cllr Beckwith. No
response. So I made a FOI request, asking Bexley if they knew whether the company owner was
related to the late Cllr Beckwith, and, more broadly, if they had any information about why this
particular company was invited to bid. The council said they did not have any: the employee who
handled the catering contract had retired. “The employee may be gone, but the emails remain”, I
reasoned, and asked for the council’s correspondence with the company. A month passed, then an
email from Bexley arrived, saying they could not meet the response deadline due to staff sickness,
and promising to respond within two weeks, by December 8. Then, on December 1, the FOI request
was dismissed as “vexatious”.
Did this query provoke the Bexley leadership into bringing down the vexatious hammer? Did Bexley’s
favoured caterer benefit from a family connection? (Maybe *we* did? What if a family connection
moved the business owner to patriotically offer Bexley a discount?) Was there a family connection to
begin with? I guess we’ll never know.
5. Courage Under Fire
“Should you be a councillor if you are afraid to
tell constituents where you live?” I would like to ask this question to
Cllrs Asunramu (Lab), Carew (Con), Christoforides (Con), Dourmoush (Con), Ferguson (Lab), O’Neill (Con), Ogundayo (Lab), Smith (Con), Taylor (Lab) and
Ward-Wilson (Con). The ten councillors invoke Section 32 of the Localism
Act to avoid publishing their “beneficial interests in land” - a good
proxy for one’s address, as most people only own or rent the place where
they live - in Register of Interest disclosures, available for inspection
on Bexley’s web site.
Section 32 allows councillors to not publish their
interests when such disclosure “could lead to the member or
co-opted member, or a person connected with the member or
co-opted member, being
subject to violence or intimidation”. Are a full quarter of Bexley’s
councillors really scared of violence or intimidation if they disclose
where they live? Genuine personal-safety concerns should not be dismissed
- although my question still stands in that case - but it seems far more
likely that Bexley councillors abuse Section 32 - because they can,
unafraid of pushback from the Monitoring Officer or their party group’s
leader. (Of course, one of the leaders, Cllr O’Neill, is part of the Section
32 squad herself - however, this is a new development, possibly related
to her House of Lords status). Who cares about the high standards of
public service and all that claptrap? “Take the perks, avoid the
responsibilities” - now that’s a motion Bexley Conservatives and Bexley
Labour can agree on.
While the practice was niche before the 2022
election - I think there were four councillors invoking Section 32; only
two of them still do - the know-how was enthusiastically adopted by the 2022
intake. Asunramu, Carew, Christoforides, Ferguson, Smith,
Ward-Wilson - all
of these are new councillors. The way things are going, will every Bexley
councillor “go off the grid” in 2026?
Note the role of Bexley’s
Monitoring Officer, who needs to approve a councillor’s application for a
Section 32 exemption. A Freedom of Information request asked the MO (a) if
any Section 32 applications were rejected in 2022, (b) what sort of
reasons were advanced by councillors - no need for names or details - in
support of their requests.
The council responded to the first question -
there have been no rejections - but declined to answer the second,
raising privacy concerns. I asked the council to reconsider - after all, the
request expressly asked for anonymised information - but had no luck.
Surprisingly, the Information Commissioner accepted Bexley’s reasoning, as
if repeatedly falling to see the word “anonymised”. On to the last stop
in the FOI journey - the first-tier tribunal. In a couple of months, a
judge will either side with Bexley and ICO, or require Bexley to disclose
this information.
PS. St Mary’s & St. James ward has already been special, as
Bexley’s “bluest”: even in the bad-for-Tories 2022 local election, there
were 1·7 Tory votes cast for every Labour vote, whereas across Bexley, the
ratio was only 1·08. (“Decisive victory”, according to Council Leader
O’Neill). The dashing Cllrs Christoforides and Smith were duly elected -
and each made their address secret, with Cllrs Christoforides going on a
virtual Section 32 rampage and invoking Section 32 to block publication of
his address, his employment, and his partner’s employment. Google tells me
otherwise, but I think that Kurtis works for MI6 - and this is great.
When bombs start exploding in Sidcup, we need a man who won’t duck for cover.
Yipee ki-yay, the 61-year-old man from Horsham!
(Unless, of course, the Tory identity prevails).
PPS. A few months ago, I emailed the Section 32 club, gently asking the councillors to
reconsider the practice. I received one response, from a Labour
councillor, who threatened to report me to the police for harassment. [Dear Tony. I think you should tell me who that was to avoid blackening all their
names.] Oh well. However, as I was preparing this post, I found one councillor who
used Section 32 but no longer does. A second point for Bexley Conservatives.
Cllr Adams, I am willing to forgive your silence on the subject of the
ULEZ Task and Finish Group. Welcome to @tonyofsidcup’s Nice list.
4. Last Call
As much as Teresa O’Neill and Co. would like to present yours truly as a scandalist who harasses
council staff with frivolous, repeated, distressing queries, this image is not close to reality. Repeated
queries are actually disallowed by the FOI Act - if you ask a question, you cannot ask the same or
essentially the same question again for 6 months. “Frivolous” is a subjective assessment, to use
Cabinet Member Diment’s expression.
(I once complained to Sidcup Ward councillors about a “dangerous” unleashed pit bull walking on
Sidcup High Street - alongside my then-two-year-old - and asked them to
lobby for a dog-control “Public Space Protection Order” similar to Bromley’s. Richard helpfully
advised that “dangerous” was a subjective assessment. Then, a year later, another Sidcup Ward councillor,
Cllr Bacon, denied my request to briefly speak at a committee meeting discussing a proposed PSPO -
targeting dog walkers, but not unleashed beasts roaming the high street. But I digress).
Finally, there is little emotion involved, at least on my part. Once I submit a FOI request, I set a
reminder for 20 business days later. If there is no response by the deadline, I complain to the
Information Commissioner’s Office and let them deal with Bexley. If the response is unsatisfactory, I
explain the “gap” in a request for “internal review”, and set a reminder for 40 business days. If the
final response is unsatisfactory as well, I complain to the ICO. There is never a need to argue with
council staff - certainly not with the helpful FOI manager, who depends on other teams for a timely FOI response. (†)
I think I can recall only one FOI response that annoyed me, and it came from the Parking team,
shared by Bexley and Bromley. The occasion was the 2023 cuts to Bexley’s parking enforcement. I live
near Sidcup High Street and can tell you that pavement parking is a problem here. Until about a year
ago, one could dial 020 8301 6317, select option 3, be connected to an operator, and tell him the
location and the details of the rogue vehicle. This was convenient and quick, unlike the cumbersome
- 10 screens! - online form also provided by Bexley, and it was available at seemingly all hours.
Until one day, there was no operator, and a recorded message told me to go online. At some point, a
new parking-warden phone line emerged, as an extra option of an existing
council number, 020 3045 3000. Well, kind of: since directions on the Bexley web site were not
updated, nobody knew about the new phone line. When that problem was resolved - weeks later - it turned
out that the new phone line was only available during business hours. Evening and weekend service? Only online.
“Why cut a service that must make money for the council?” I wondered. “Surely, the online form is
much less convenient than the phone line, and the volume of parking-warden
call-outs fell, along with FPN revenue? Why would the council anger residents *and* lose money?” I
made a FOI request with four questions:
1. When did the ‘old’ parking-warden phone line (020 8301 6317) cease operation?
2. When did the ‘new’ parking-warden phone line (020 3045 3000, option 4) begin operation?
3. How many employees (or FTE equivalents) were employed on the "old" line, and on the "new" line?
4. What were the hours of operation of the "old" line, and what are they for the "new" line?
What Parking did in their response is play dumb and pretend that my question referred to
020 8301 6317, not 020 8301 6317, Option 3.
020 8301 6317 is still in service - to report faulty
pay-and-display machines and to pay for parking using Ringo - so what “cease operation” are you
talking about? Nothing has changed but the phone number!
“I am talking about the old parking-warden phone line accessed via
020 8301 6317”, I explained in my internal-review request. “Not about other services available through the same number”. The
council’s final response was dismissive and information-free, so I escalated to the Information
Commissioner. Surprisingly, the ICO caseworker considering the case did not pick up on the “020
8301 6317 vs 020 8301 6317, Option 3” distinction, and my complaint was rejected. Once again, the
case went to the first-tier tribunal and will be decided by a judge in 2024.
This was not the only odd FOI response provided by Parking, with regard to the same issue of the
parking-enforcement cut. A query about why the council cut parking enforcement was put forward
to Cllr Diment, the new Cabinet Member for Places, as a “public question” at a council meeting. Cllr
Diment praised the online option, and claimed that FPN revenue did not fall following the change. I
duly made a FOI request, asking for weekly totals of issued FPNs. The Parking department told me
that only annual (!) numbers were available. I let it go. FOI requests are great, but there’s little you
can do when a council officer chooses to deceive, and Bexley’s Parking Manager definitely gave me that impression.
3. Liar Liar
Pedestrian safety - especially safety of school children walking to school - has been an interest lately.
Bexley council is actually not that bad in this regard - because the neighbours are even worse.
Labour-run Greenwich built only one pedestrian crossing in five years.
Tory-run Bromley is
doing a decent job analysing collisions, but then spends money to protect motorists. Bexley builds a
zebra crossing now and then, but the decisions seem to be driven by lobbying from influential
councillors - for example, the Blackfen and Lamorbey bunch - not by any fair and systematic process.
(By failing to have that systematic process, the council appears to violate a legal requirement - but
the council that has been ignoring the legal requirement to develop an Air Quality Action Plan since
2007 clearly views legal requirements as recommendations anyway).
Then in 2023, the council announced a survey of locations near the borough’s schools, with a view to
improving pedestrian safety there. Great news! Unfortunately, the plan was undermined by poor
execution, and, in my opinion, wasted an opportunity and council money.
One questionable aspect of the exercise was never involving the schools themselves. Ironically, the
council paid people to sit for hours and days next to a school and count passing pedestrians and cars
but a council officer never stepped inside a school and talked to a headteacher about their
road-safety concerns. “All appropriate people have been consulted”, Cabinet Member Diment
declared in response to a public question at a council meeting, in Bexley’s trademark display of
arrogance covering up for incompetence.
How do I know that the survey’s organisers never asked schools? Because I wrote to Bexley’s 80+
schools and asked them, getting around 70 responses. Seventy headteachers agreed on two things.
First, nobody from the council has asked them about their road-safety concerns as part of the survey.
Second, nobody from the council has asked them about their road-safety concerns before the survey.
On matters of road safety, there has been no proactive contact from the council. Nada. Zilch. Bupkis.
Wait a minute - that’s not what the council had told me!
BiB: This FOI response dated 24th October 2023 is from the same individual who lied about Abbey Road in 2009 and caused BiB to be created.
I made the following FOI request:
In response to an earlier FOI request, Highways team advised that the council … has (a) “an advisor
to support schools in updating their School Travel Plans”, (b) a "Pedestrian Skills Officer". Can you
please provide the list of these two officers’ engagements with schools since January 2021. I am
looking for a list of format “year / officer (one of the two above)/school”.
The council responded with… a list of 58 schools, saying they did not have any further information.
“Really?”, I asked in the internal-review request, “Do council officers not maintain records of their
contact with schools?” A month passed, and the internal-review deadline came and went on
November 25. Then on December 1, the request was dismissed as “vexatious”.
The council tells you they have been busy advising and supporting schools. Seventy schools tell you the opposite. Who do you believe?
News Shopper report.
2. For Pete’s Sake
It is a tale of two elderly English gentlemen - both living in Southeast London, both affiliated with the
Conservative Party, both no strangers to controversy, both engulfed by it when they least expected.
One is Bob Stewart, the MP for Beckenham. A retired army colonel who once commanded UN forces in Bosnia,
Bob has enjoyed a thirteen-year-long Parliamentary career, during which he employed his wife, described the
behavior of a Tory MP colleague convicted of three counts of sexual assault as “folly”, failed to declare
directorship of a foreign defence company while sitting on a defence committee, and became friends with the
not-100%-savoury autocratic regimes of Bahrain and Azerbaijan. In 2022, when a Bahraini
human-rights activist
heckled Mr Stewart outside a Bahraini embassy reception, Bob heatedly exclaimed "Go back to Bahrain!" - and
ended up convicted of a racially aggravated public-order offence, and banished from the Tory benches, later
announcing that he would not seek re-election.
The other one is Bexley’s own John Davey, a Tory councillor since 2006. If being a
long-serving school governor,
and an artist whose works were exhibited at Hall Place, were not endearing enough, Cllr Davey has impressive -
relative to his Bexley Tory peers - green credentials, having twice skipped (intentionally, I choose to think) votes
on the destruction of Old Farm, and personally watered street trees during dry weather. You would not believe
that Cllr Davey was also Bexley Conservatives’ fiercest Twitter troll - until a misjudged tweet put him in trouble.
In October 2022, commenting on Nazanin Zaghari-Radcliffe’s criticism of that week’s Conservative government,
Cllr Davey wrote “Can we ask for a refund? We can send her back as she’s so ungrateful.”
A social-media furore
ensued, and resulted in Cllr Davey facing a Code of of Conduct complaint, being suspended from his beloved
party, and moving to the Independent desk in the Bexley council chamber. (Crayford’s Cllr Di Netimah was still a
Tory back then, so at least John had the desk all to himself). However, unlike Bob Stewart, John Davey was, a
few months later, forgiven and re-attached to the nourishing Bexley Conservatives bosom.
Given the similarity of what was said, why the divergence of outcomes? Crucially, Cllr Davey did not address
Mrs Zaghari-Radcliffe face-to-face
- and did not phrase his suggestion with Colonel Bob’s military directness. It
also helped that his case was considered in the friendly court of Bexley’s Monitoring Officer. Instead of simply
writing up an opinion, the MO appears to have brokered a peace deal between Cllr Davey and whoever
brought the Code of Conduct complaint against him - the individual never stepped forward; if he or she really
was affiliated with Bexley Labour, the damp-squib outcome is par for the course - and closed the case before it
even reached the Code of Conduct committee.
We know about this from the following paragraph published on Bexley’s web site in October 2023:
“The conclusion reached on a review of the initial assessment was that the Twitter post has the potential to
breach the requirements relating to Respect and Disrepute. However, a conclusion can only be reached
following a formal investigation and determination by the Code of Conduct Committee. The Councillor
recognised the inappropriateness of his comments on Twitter and the post was deleted. The sanctions that
may be imposed by the Members’ Code of Conduct Committee had in the main been effected. Therefore, a
formal investigation was not warranted. The Complainant and the Councillor agreed that the complaint could
be resolved informally on the conditions below: The Subject Member to render an apology; an apology had
already been posted on Twitter and the Twitter account has been terminated; A summary of the case and the
outcome to be noted within a report to be referred to the Code of Conduct Committee.”
However, this was not known at the time. At a council meeting in May 2023, Council Leader O’Neill declared
that “the remarks went through a process determined by the Monitoring Officer. The result, as you know, did
not say it was a racist comment. The matter has been resolved and we are moving on from that.”
Sorry, Teresa, I did not know that the “result” said that. May I see that “result” please? In May, I made a FOI
request asking: Can you please share the Monitoring Officer's (full) response to the Code of Conduct complaint recently made
against Cllr Davey, after his “Can we send her back and get our money back?” comment regarding Nazanin
Zaghari-Ratcliffe. (The alleged offence is a matter of public record, so there is presumably no breach of privacy).
The council refused, on privacy grounds: “We neither confirm nor deny that we hold information falling within the
description specified in your request. The duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not
apply, by virtue of section 40(5)(B) of that Act. The Council has applied the exemption for the personal
information under section 40(5)(B) and will neither confirm or deny whether the information requested is held as to do
so would contravene the general data protection principles in the General Data Protection Regulations (GDPR)
and the Data Protection Act 2018.
Any information held by the Monitoring Officer concerning Councillor complaints is not intended for wider
disclosure. It would only be considered for publication once an investigation had been concluded and findings
made about an allegation by the Council’s Code of Conduct Committee”. I requested “internal review”, pointing out that Cllr Davey’s offence was a
matter of public record, and there was no information, except MO’s assessment, that needed to be disclosed. No
joy - Bexley repeated its refusal, and I complained to the Information Commissioner, writing:
“A local councillor made an allegedly racist public comment, widely reported in the media, and was complained
about to the borough's Monitoring Officer. The MO decided not to refer the councillor to the Code of Conduct
committee. I point out that the circumstance of the case are public knowledge – but the MO’s judgment is a
matter of public interest, especially when there are concerns about the MO “protecting” a councillor from the local ruling party.”
In November, the ICO upheld my complaint, advising Bexley that the council cannot invoke the privacy
exemption, and asking them to release the information, or formally refuse to.
If you read the Bonkers blog,
you know what happened next. On November 30, the council sent to myself and
the ICO a “final” letter reiterating the privacy defence and refusing to supply information. Then on December 1,
in a visibly rushed letter signed by a Deputy Director, I was declared “vexatious” and banned from making
further FOI requests. Both actions are illegal; never mind the little allegedly-vexatious me, but does Bexley’s
Head of Legal - also Bexley’s Monitoring Officer, a remarkable coincidence - really think she can school the
Information Commissioner on data privacy? Why are senior council officers spending their expensive time on
this? Your guess is as good as mine, but I suspect that it is not to protect the long-suffering Cllr Davey.
I know that one of Baroness O’Neill’s closest associates, the longtime Cabinet Member for Places Cllr Craske, is
a fan of 1980’s music. Peter, could you please tell your ermined boss about the Streisand effect?
Bexley’s Code of Counduct policy
Newspaper report
Wikipedia - Streisand effect
1. The Queen
Recalling the story of Bob and John, how would I react if someone - say, a Bexley councillor shamed
out of the Section 32 shadows - told me to go back to Belarus? Smugness is a helpful quality: I would
smile and say “Thank you, I will do that when it’s safe”. You see, in 2020, Belarus’s “moderate”
dictatorship, where “only” opposition politicians risked harassment and jail, was almost overturned
at the ballot box. Saved by Putin, the moustachioed dictator Lukashenka retaliated with a wave of
violence, followed by a regime of random arrests - where Belarusians with foreign passports became
an appealing target, as bargaining chips used to negotiate with EU diplomats. I have no desire to
become Nazanin Zaghari-Radcliffe myself, so going home is not an option.
Belarus, and Russia for that matter, are extreme examples of what can happen when a political
leader stays in power for too long. A far more common scenario is stagnation. I think this is what has
happened in Bexley under the fifteen-years-and-running leadership of Baroness O’Neill. I have no
appetite for unfair Teresa-bashing, but I think it is safe to say - will any Bexley Tory councillors in the
audience disagree? - that Cabinets under her leadership have never had a strategy, and just kept
“muddling through”. “Muddling through is darn good when your government grant shrinks every
year”, Baroness could object - and then I would move to my second criticism.
The #MakingBexleyEvenBetter slogan notwithstanding, Bexley’s leader has never seemed to be one
to aspire to high standards. Naughty behaviour by councillors - including Cabinet Members - and
senior council officers has been tolerated, and criticism dismissed, rather than accepted and
actioned. (Recall Bexley Conservatives’ blocking, in 2022, of “call-ins”, i.e. bipartisan scrutiny of major
decisions). A vicious circle of poor decisions and poor attitude has developed, with Bexley residents
bearing the cost. Who is to blame for a dodgy corporate culture if not the long-serving council leader?
(One suspects that a side effect of this has been difficulty recruiting new councillors. Consider the
recent rise in the number of PR specialists among the Tory ranks. Things on the ground may not be great, but the press release will be!)
This year, Baroness’s commitment to transparent and fair governance was tested by The Great Petitiongate of 2023 - and got a failing mark.
The affair started with your truly examining Bexley’s Constitution to see what it had to say about
petitions with over 2,000 signatures, the kind that get the organiser a full-council debate of the
petitioned-about issue. The findings were confusing. On one hand, there it was, the statement that
2,000 signatures get the full-council debate. On the other hand, almost in the next sentence,
certainty evaporated: now 2,000 signatures *might* get a debate - or merely a committee hearing.
That is not all: on the same page, “full-council meeting” turned into “meeting which all councillors
can attend” - like a pub quiz - and to top it off, there was a provision to dismiss “inappropriate”
petitions, but no guidance on what might make a petition “inappropriate”!
I started by asking Bexley, in a FOI request, what process and what criteria were there to guide the
council’s “triage” of a petition between a full-council debate and a
committee hearing. “We have no criteria, and no process”, Bexley advised, after a lot of prodding. “The CEO is ultimately responsible”.
At this point, I (very politely) shared my observations with Bexley’s Monitoring Officer and Bexley’s
Head of Member Services, the council officer in charge of petitions. (Notably, this is the same
gentleman who in 2011 “shunted” a petition with over 2,000 signatures to a
committee hearing).“There is some dodgy wording in the Petition Scheme guidance - can you review and revise it please?” No response.
Then, in late June, I submitted the following three FOI requests:
Page 56 of of “Codes and Protocols”, Part 5 of “Bexley Constitution and Codes of Governance”, says:
“If a petition has more than 2,000 signatures, this would be sufficient to trigger a debate at a Full
Council meeting. This means that the issue raised in the petition will be discussed at a meeting
which all Councillors can attend”. (Emphasis added).
Can you please confirm that “full council meeting” refers to a meeting of the full council. (“A
meeting which all councillors can attend” is a broader concept).
Page 56 of of “Codes and Protocols”, Part 5 of “Bexley Constitution and Codes of Governance”, says (emphasis added):
“If a petition has more than 2,000 signatures, this WOULD BE SUFFICIENT to trigger a debate at a Full Council meeting”.
Page 3 of “London Borough of Bexley Petitions Scheme” document says (emphasis added):
“If a petition contains more than 2000 signatures it MAY be debated by the Full Council unless it is a
petition asking for a Council officer to give evidence at a public meeting”.
Can you please confirm that a petition with over 2,000 signatures - not deemed “vexatious, abusive
or otherwise inappropriate” (cf. a related question about what
“inappropriate” is) - will be debated at a full council meeting if requested by the organiser, or provide the full
list of reasons why it could not be debated at a full council meeting.
Page 56 of “Codes and Protocols”, Part 5 of Bexley Constitution and Codes of Governance, says:
“Petitions which are considered to be vexatious, abusive or otherwise inappropriate will not be accepted”.
Can you please provide the full list of reasons why a proposed petition could be deemed “inappropriate”?
On July 14, I received a letter informing me that my requests were dismissed as vexatious. I wrote to
members of Bexley Council’s Constitutional Review Panel - Cllrs O’Neill (chair), Borella, Jackson and
Leaf - providing examples of contradictory wording and asking them to consider revisions. Cllr O’Neill
responded, saying that Bexley’s Petition Scheme was “in accordance with statutory guidance”.
Local-government finance and local-government development strategies are complicated subjects,
where Council Leader O’Neill’s contribution and competence are difficult to assess. In contrast,
fairness is something that’s pretty easy to judge, and it is very clear to me that Bexley’s Council
Leader does not put much stock in that “British value”. Her replacement is unlikely to be any better -
and that is, unfortunately, also part of Teresa O’Neill’s legacy.