Cheshire East Council has received a large number of complaints regarding the conduct and behaviour of Handforth Parish Council (HPC), though it is unknown at this stage whether they will be investigating the matter.
Additionally local residents have contacted wilmslow.co.uk to complain about the parish council's conduct, saying they are "not fit for purpose" and videos of their zoom meetings have gone viral after they descended into chaos with members trading insults and removing each other from the call.
Handforth resident Anika York told wilmslow.co.uk "A recent Handforth Parish Council meeting has been shared via YouTube. It is a shocking demonstration of incompetence, ignorance and ultimately unarguably a mismanagement of public funds.
"As a Handforth resident that cares about our community I'd like to ask you if there is any interest from either local or National journalists to publish a story, to help us start to hold a bunch of unprofessional, uncaring, narrow minded people to account."
A previous video of a Parish Council meeting on December 10th 2020 shows councillors arguing, shouting and at times swearing at one another including Jackie Weaver, who is acting as clerk and told "You have no authority here". She subsequently kicks councillors off the call, including Brian Tolver, Chairman of HPC.
David Brown, Director of Governance and Compliance at Cheshire East, wrote to members of the HPC on November 25th 2020.
In the letter Mr Brown states "I have received a multiplicity of complaints and referrals. These range from multiple complaints about councillors behaviour; to fundamental issues of governance and member/officer engagement. The most recent referrals relate to suggestions that some members of Handforth Parish Council have purported decisions that are plainly unlawful, and these decisions resulted in expenditure of public funds."
He continued "If the Code of Conduct matters raised are taken at face value they are sufficiently serious to warrant detailed consideration. The detailed consideration may result in a hearing before the Cheshire East Council Committee for Standards. The outcome of any such hearing may be public and may be used as evidence in related legal proceedings.The costs associated with the investigation of any misconduct are published and will become a matter for the Parish Council to defend.
"Until an assessment and investigation of any code of conduct issue is complete, I am unable to comment on any potential culpability of any individual or group of members."
I contacted Cheshire East regarding the complaints about HPC and asked a series of questions about the number of complaints received, which parish councillors they related to and what is the nature of the complaints.
I also asked whether Cheshire East Council has completed an investigation into any code of conduct issues and whether, as a result of these complaints, there be a hearing before the CEC Committee for Standards.
Cheshire East Council declined to provide any information or answer any of the questions submitted about the complaints.
Instead a Cheshire East Council spokesperson said "All matters relating to complaints to the monitoring officer about a parish council or elected member, remain confidential until all processes have been followed. The outcome of any formal investigation is published on the council's website."
I also contacted Handforth Parish Council, again they refused to answer any of the questions I submitted regarding the complaints.
Instead, Chairman of HPC Brian Tolver wrote the following unrelated response.
"I gather you have been asking for a comment about how things are at Handforth Parish Council.
"HPC's offices are inside the Youth Centre in Handforth, which is owned by Cheshire East Council. This office has been closed down since the first lock-down last Spring, which has meant we have all, including the clerk, been operating from home ever since – something of a limitation.
"The clerk was able to begin video-based meetings in September, but has been unavailable in the last couple of months.
"Nevertheless, much has continued as in previous times, albeit badly hit by lock-downs and social distancing. We were able to get the poppies on display and have a reduced parade for Remembrance Day; the children's pantomime unfortunately had to be scrapped, but the Christmas lights put on a great display (unfortunately without a switch-on event, and without the Carols in the Paddock this time). The handyman continues to do a great job keeping the place neat and tidy.
"The other activity we lost most of, was pushing forward the Greener Handforth agenda – most of this is a team event so again, COVID has put serious obstacles in the way.
"Let's all hope the vaccination programme will get us all back to normality by the Summer."
I have subsequently submitted a Freedom of Information request to Cheshire East council, which has been accepted and the response is due by 17th February 2021.
Updated 3pm
I have received confirmation today that an investigation into the conduct and behaviour of Handforth Parish Council is being carried out by Cheshire East Council's Committee for Standards. The investigation started in July 2020 and is expected to be completed in the next 3 to 4 weeks.
Apparently, three councillors, Brian Tolver, Aled Brewerton and Barry Burkhill tried to suspend the clerk Ashley Comiskey Dawson at an employment committee meeting held on November 4th last year. However, he was reinstated at a meeting in January as this was a decision which could only be made by the full Parish Council.
Jackie Weaver is the Chief Officer of the Cheshire Association of Local Council and she had been asked to step in and support Handforth Parish Council in light of the complaints and investigation into them.
Comments
Here's what readers have had to say so far. Why not add your thoughts below.
It's a pity that the Chair does not talk of the excellent work done by some other councillors on making sure people who were isolating in Handforth got shopping and other help done for them during Lockdown, and helping the Foodbank. It seems that there is a degree of blindness to very important things being done by other council members.
Rather refreshing that they didn't this time.
What a obnoxious man Brain Tolver is a real chauvinist for all to see . I need to trawl youtube for the next instalment another Fawlty Towers in the making
My question about this is how this will impact CEC? Barry Burkhill is the Mayor for Cheshire East! Surely they won’t want someone with such low morals and disrespect to others representing them? At the very least I would have thought the disgrace brought on himself would encourage him to resign from his post as Mayor, CEC Ward Councillor for Handforth and HPC Councillor?
Strutting around in chains , tricorne and ermine robes will never be the same again ! .. Laughing stock !!.. It Strikes me the Cheshire East Mayor and his ill mannered cohorts have not only failed their electorate but failed their code of conduct on many levels;
https://www.cheshireeast.gov.uk/pdf/council-and-democracy/councillors-and-councillor-conduct/code-of-conduct-nov-2020-master.pdf
The ideal new mayoral candidate has been found in the calm, cool headed, respectful, and business like Jackie Weaver !
Who will fall on their sword First ?
then and did an excellent job. I wasn't at the meeting so can't comment. It would be my definition of hell to sit on a committee. I hope this ends soon as it will become boring.
If the Parish Council meeting, the subject of the video, was not lawfully called then the following does not apply. For that purpose the issue is whether there was a preliminary written request for the extraordinary meeting that complied with the rules and that, subsequently, a summons and public notice for the meeting were issues and which had been signed by two Councillors. If this did occur then the meeting was a lawful public meeting. I have seen a summons that was not signed so were all not signed - for example?
If it was lawfully called then it appears, from the information provided by Mrs Weaver, that she did, arguably, act in a disorderly manner to prevent the meeting from continuing. It is a fact that the meeting continued but did it?
The Chair of the Council, who I believe was also the Chair of the committee, was present and thus entitled to preside over the meeting by both Standing Orders and Schedule 12 of the Local Government Act 1972. He was denied that ability to do so by Mrs Weaver. Thus he was prevented from starting the meeting. Mrs Weaver had no legal status at the meeting other than as advisor, if asked for advice, but could not make any decisions as only Councillors can make decisions in Parish Council meetings. She had not been appointed as Clerk for the meeting by Council as far as I can see and there is certainly no resolution of Council to appoint her as such as per s. 112 of the Local Government Act 1972. She had no power to remove the Chair and vice chair and yet it seems that she did. To remove any person it has to be undertaken in accordance with the law which requires a proposal, seconded and a vote amongst Councillors., There was none. Those not on a Council cannot interfere in Council business. Only Councillors may remove a Chair from a meeting by following due process. Only the electorate can remove a Councillor altogether. Mrs Weaver should have been aware of these issues
Where the Chair was unlawfully removed the meeting could not continue by law. Thus once the Chair and vice chair had been removed the actual lawful meeting was at an end (if it ever started) it would seem. It is then arguable that what happened after that was that a meeting ensued but not a lawful Council meeting.
It may then be the case that Mrs Weaver may have committed an offence. She certainly improperly interfered in the democratic process. Despite her confirmation to the Chair that the meeting had been lawfully convened she has now confirmed, in writing, that she does not know if it was lawfully convened. One would have expected, that if those asking for this extraordinary meeting were the ones who asked her to assist then she would have ensured that the proper lawful process had been followed. Let us not forget though here that no one or two Councillors can make a decision to ask anyone to come along to assist - it has to be a Council decision. Look at that video in this light - if a member of the public tries to take over a meeting and to run it would we not expect the Chair to take action?
If there was ever any doubt who is dictating current and future events in Handforth then wonder no more.
The use of Zoom technology to conduct Council meetings is both convenient and cost effective, and to be admired, but someone needs to evaluate it's effect on freedom of speech, if this example is anything to go by.
The whole episode has Orwellian overtones.
Why is it outrageous to show what incompetent bullies the three men where to Jackie .
They are a total disgrace and should be shown for what they are, Had it not been shown no one would have believed it .
How can all these incompetent councillors be responsible for spending our money
Are you related or do you know one of the said persons as your the only person to jump to their defence ?
In my opinion the behaviour displayed by the 'men' on that video was unforgiveable, in fact it was disgraceful, but unfortunately typical of people who have power taken away from them.- they really don't like it and resort to what we all can see. Just think what these men are like off the camera!!
In my view and in my experience, it appeared to me that there was a need and a desire for a constructive meeting, which was about serving the residents of the parish and yet the only means available to those desiring the meeting, was to ask CALC to intervene and that is a sad day for democracy.
As regards the meeting being legal, perhaps not technically, or perhaps so, see Roger Probert's entry above. But if a meeting did transpire and there was a conclusion to it that benefitted the community, then so much the better.
There is a controlling group as the Chairman has a casting vote, therefore Cllrs Tolver, Burkhill and Brewerton can currently control all scheduled meetings of the full council. Ex Cllr Jean Thompson disqualified herself from the council having missed 6 months meetings as current legislation, the 3 controlling Councillors could have given her dispensation during this time but this was never done. The election in May to replace Jean Thompson puts them at risk of losing control and their casting vote, sadly it seems they will stop at nothing to prevent this happening, even though it is now out of their hands.
The December meeting was an extraordinary meeting called by 2 councillors as the Chair refused to call one, this was done lawfully and the Cheshire Association of Local Councils was asked to provide a clerk for the meeting due to the suspension of the HPC Clerk in November, enter Jackie Weaver.
If you look at the video of the Planning Meeting of the same date which is available on Twitter, the Chairman attempts to declare the meeting unlawful and cancel it, given that he, Burkhill and Brewerton have the casting vote, I see no alternative to the action Jackie Weaver took to remove them, had they won a vote, it effectively closes the council down until after the election in May.
I hope this makes things clearer for those with questions but this situation has to change, I had nothing to do with any editing or posting of videos on Twitter but I can't say I am sorry it happened if only because it has made residents of Handforth aware of what has been going on for months.
Jackie Weaver was not there to make decisions on behalf of the Council but to ensure the meeting went ahead, which she did in a calm and professional way. Although the Standing Orders do say only the Chairman can remove people from meetings, they do not specify what to do in circumstances where it is the Chair, followed by the Vice Chair who are trying to disrupt them meeting, as I said earlier, by declaring perfectly legal meetings illegal, they have enough votes to close the meeting down again and again, effectively crippling the council.
If you are not aware of previous events and are basis your summation purely on the 18 minutes of video shown on Twitter, I can understand you coming to the conclusion you have but the fact that the statement from CEC says they've been investigating since July should tell you that there is much more to this than 18 minutes of argument attempting to disrupt and ultimately cancel a meeting. Essentially we have 2 parish councils meeting at the moment, that isn't lawful either.
Jackie Weaver is NOT from Cheshire East Council.
She is the Chief Officer of the Cheshire Association of Local Councils (Chalc).
The only other person defending Chairman Tolver with such vigour is, Chairman Tolver. I think defending the indefensible. Remember he was trying to sabotage a legally held meeting that was merely trying to carry out mundane Council duties. Something he hasn't done since March 2020.
Furthermore, in my experience of taking legal advice, firstly it is very costly, secondly it is always questionable due to the fact that another lawyer may well give a different interpretation of the same legislation. So accepted that differing opinions and interpretations are quite possible, a PC could find that not only did it spend its residents funds on legal advice, it may well have bought the very expensive advice that turns out to be wrong.
So returning to the meeting, whether or not it was legal is really not that important at parish council level, what is important is that a meeting of residents representatives did take place for the benefit of those whose money was being expended i.e. the residents of Handforth.
We are led to believe that the group led by Brian Tolver are the baddies and that the other three councillors are the goodies. I don’t believe this for one minute and those who think it is ever so funny should think of the destruction taking place to the councillors involved.
One has to question the impartiality of Jackie Weaver in this situation. She had the ultimate weapon at her fingertip and was ready to use it. In doing that she was taking advantage of the COVID-19 pandemic lockdown – something she could not have done if the council meeting was in a normal building. To silence three councillors going about their legitimate business is disgraceful if not illegal, and judging by the pictures of her during and afterwards, she was enjoying every minute and lapping up her new-found power and notoriety. Had she taken her lessons from Donald Trump. Are we to be ruled by Zoom weaponry for the foreseeable future or can we get back to normal respect, politeness, and discussion.
Social Media has an awful lot to answer for and contrary to popular belief, on this occasion is aiming to destroy democracy. We are not talking about teenagers committing suicide but of our elected voluntary politicians being publicly vilified without a fair balanced hearing. What we need to know is the history behind this situation? One hears that there has been a poisonous and acrimonious atmosphere in this council for many years.
Why don’t public servants meet, discuss the important topics, decide on a course of action and deliver on their decision. Ultimately making the area a better place to live and work, benefiting the residents who they represent.
It’s not rocket science and it’s what millions of people do in the private sector every day. Discuss, decide, execute. Without all the small minded, petty, utter nonsense that the video shows.
However, we recently admitted another co-opted councillor into the PC and he has turned into a monster, bullying staff, scaremongering about legality of parish practices (he's ex police), issuing interminable emails and demanding all manner of actions be undertaken in accordance with his instruction and issuing FOIs - utterly bizarre! Indeed, his behaviour and associated emails could reasonably be described as vexatious, and he has managed to alienate himself totally from every other member of the PC.
Nevertheless, the point I am making is that it only takes one nutcase to ruin a well run PC and then it starts to drain the coffers and resources of an organisation that never has much in the way of funds and thereby threaten the good work that has been built up over such a long period of time.
Factions never achieve anything because the participants are too busy looking after themselves and their own petty power bases.
Sir Humphrey Appleby GCB KBE MVO
Belligerence and manners should never be confused. I note as this omni-shambles continues no one has yet fallen on their sword so the humiliation will continue .
Tick - tock... it’s the way of revolution.
Either you’re with the madness or you’re agin it!