10/12/2024
It was asked on one of the village FB pages about how to see copies of the minutes of parish council meetings, neither Goodwin nor any of the others on this corrupt, shambolic and dishonest council have responded about why they haven’t published what are legally required documents and why previous ones have either been deleted or replaced, nor how to obtain them, this is the law and the situation as it currently stands…
The situation is an incredible mess because, as the Local Government Act states, by law a parish council MUST have a clerk/RFO and a Chair or it doesn’t exist as a parish council and it’s just a group of people with access to the parish bank account. The August meeting was called by Jill Davis before she was acting clerk using a fraudulently dated document, so the meeting when they appointed her acting clerk was unlawful – meaning there hasn’t been a lawful council since July. Despite this Colin Goodwin et al have continued to pay her and spend our money on Shaw, Knight etc so she has committed fraud and the rest of the council have conspired to commit fraud (and this is a legal fact, whether they like it or not).
Jill Davis and Cllr Bunn resigned at the unlawful meeting on 2nd December, and Goodwin should then have done what every other parish council does (and as he should have done in July) and call an EOM with the single purpose of electing one of their number to act as clerk/RFO – he didn’t do this.
Also, following numerous requests for information the council have finally adopted a Scheme of Publication (as required by the ICO) which is dated 19th November 2024. However, even though it is a requirement of that actual scheme of publication, they have published no minutes demonstrating it was approved at that meeting (although, as per the Local Government Act, it has been an unlawful parish council since July so it doesn’t have any legal standing anyway).
Minutes available online have either been deleted, illegally replaced or not published at all, and the agendas for meetings no longer match the minutes of meetings, but there are options available if you want a copy (but make sure you request a SIGNED copy and check that the name at the bottom is that of the person who was actually Chair at the time). Normally you would email a request to the clerk or the acting clerk that has been voted in following the steps that should have been taken by Chairman Colin Goodwin, but as he hasn’t done his job there is no clerk – but as the Chair, Colin Goodwin is still the person responsible for ensuring that the council conducts its business in a lawful manner.
Note that the law states that signed hard copies of the minutes of all parish council meetings (including those discussing confidential matters) must be retained for a minimum of 5 years, and these were in a series of folders in the village hall office on the 30th January 2024.
Note also that because they are signed, they also come within the remit of the Data Protection Act and GDPR, so they cannot simply claim they have been destroyed or stolen, or get someone else to assist with any Freedom of Information request – it has to be either the acting clerk or the Chair.
So, as there is no acting clerk, make a Freedom of Information Request to Colin Goodwin at [email protected] requesting a SIGNED copy of the minutes of the meetings you require (if possible, use the Wayback Machine to cross check dates etc.). Copy that email request to [email protected] (he is the Vice Chair and chaired the 4th November meeting and will have signed the minutes of the 7th October meeting). The copy you receive will have the signature blanked out but will state who Chaired that meeting.
He then has 30 days to respond. If he does not respond you can then complain to the Information Commissioner’s Office. If you are not happy with the response you get from Colin Goodwin you can then follow the advice on the ICO website on the next steps to take.
The other option is that you make a formal complaint to the Monitoring Officer at the ELDC ([email protected]) about breaches of regulations and the parish council’s Code of Conduct by Colin Goodwin with respect to the fraudulent document calling the August meeting that was published on 11th July but signed 31st July, and his failure to call an EOM for the council to appoint one of their number as acting clerk (name the specific breaches of the code). You can also complain that he has not ensured the minutes of the last 4 meetings, including approval of financial transactions, have been published. The ELDC are then required to contact him and start an investigation.