Public Service and Local Government




OMBUDSMAN WATCHERS RESOURCE CENTRE

Letter to Jerry White, 13th March 2008

Dear Mr White, 

This letter is in three parts. This covering letter; Annex A: comments on your letter at reference and Annex B: Freedom of Information requests.

Firstly the enclosures to your letter at reference are not all relevant to this complaint; in fact one is of an entirely different complaint made about another planning matter in the area by another complainant! 

I have used the Freedom of Information Act to obtain documents from Portsmouth City Council; these prove beyond any doubt that your provisional finding of 'not found maladministration by the Council causing you an injustice,' is either totally incompetent, or, more likely, part of your Institution's well publicised, embedded culture of bias against complainants and cover up for Local Government Councils. 

In any case your provisional findings are a direct infringement of our human rights, under a number of articles of the European Human Rights Act, just one being 'right to a fair trial,' and, consequently if you persist in perpetuating this   blatant cover up, you can consider this letter a 'LETTER BEFORE CLAIM.' 

I have in my possession the covering letter to the 'Draft Key Facts letter' from the Assistant Ombudsman to Portsmouth City Council (06/B/02324/VJ/BM/mw dated 22 August 2007), where in the penultimate paragraph, she asks the Council to provide a 'local settlement even at this late stage.' She makes further reference 'would you like us to email you a copy of our press release on the final report?' Why would the Assistant Ombudsman be asking the Chief Executive, Portsmouth City Council for a 'local settlement' if no 'maladministration with injustice' had been found?  Press releases on final reports are only issued in cases of maladministration! 

Further I have a copy of the reply from the Chief Executive (CC/jf/011 dated 6 September 2007) where he states 'I am satisfied that they represent an accurate account of the key facts.' He further requests 'I would be very grateful if you could email a copy of the press release to...'

I have further obtained two statements from the responsible planning officer and the Chairperson of the planning committee, to the Chief Executive agreeing that the 'Draft Key Facts' represent an accurate account of the key facts. 

This being the case, and, as we also have accepted the 'Draft key Facts,' with some minor amendments; THEY MUST STAND, as already published - a damning indictment of maladministration with injustice, perpetrated upon us, the complainants, by Portsmouth City Council! 

I am also in possession of emails between your Investigation Officer, Mr Miles, and Carol Cunningham of Portsmouth City Council (06 December 2007 17:59 and 07 December 2007 16:13), where she thanks him for the seminar (presumably your 'get out 'clause for not finding 'maladministration with injustice') and, where he asks her for photographs of the development behind us, which she refuses to send! We were not asked, but I have now forwarded these photographs in any case.                                                      

Your letter at reference is a textbook example of your well publicised tactics in covering up maladministration by local government which have been widely exposed in detail:

  1. In the Press
  2. On Websites such as www.ombudsmanwatch.org/
  3. In the March 2005, Parliamentary Select Committee Inquiry into the 'Role and Effectiveness of the Local Government Ombudsman.'
  4. On The No. 10 Downing Street, petition site.

  • Ignore evidence that is material to the complainant's case.
  • Distort evidence that is pertinent to the complainant's case.
  • Support evidence that is irrelevant or barely relevant if it enhances the Council's case.
  • And in this case - create evidence that supports the Council's case even though they have not proffered the evidence to you in the first case!
  • Allow the Council not to provide incriminating evidence, if it so wishes (photographs). 

    • It saddens me, as a retired Royal Naval Officer, that elements of the public sector, and, specifically your Taxpayer funded Institution, has sunk to such depths of lack of integrity, that, rather than improve Local Government in the spirit and context of the 1974 Local Government Act, that set you up; you embed complacency, inefficiency and cover up, in the very organisations you are supposed to regulate. 

    Not only are you prepared to cover up Local Government maladministration and incompetence, but, in this case you are also prepared to cover up, a former Portsmouth City Council Chief Executive, lying to you in a previous investigation, with conclusive proof provided to you under the Freedom of Information Act. This, in your quasi judicial role, is tantamount to aiding and abetting perjury. 

    I now have a detailed proof and road map of this embedded culture of cover up in your Institution that cannot be disputed. Furthermore it would seem, that it begins and ends with you; as your Investigating Officer and Assistant Ombudsman, in the documentation and events stated above have proven 'maladministration with injustice' in the 'Draft Key Facts' which are not disputed by the Council, or us - only you! 

    Yours sincerely, 

    Keith Edmunds

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