16 September Council Leader Mary Mears' misleading and inadequate reply to our letter of 19 August. Most questions remain unanswered. We asked Mears the same questions we asked Chief Executive McCarthy on 29 April and that Elgood wrote to director Bailey on 8 January to ask in which Elgood stated he: “demands public explanation” and “examination”, that “entrenched transphobic prejudice” and statements be “publicly withdrawn” and under the Freedom of Information Act for “... the total cost of the case to the Council”.Mears' astonishing answer is that the Council wasted public money acting in: -
“good faith”and that the cheating and lying of senior officers were: -
“protecting the position of the Council”.
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Absent from Mears’ reply, is the crucial fact that the Equalities and Human Rights Commission will seek chances to create legal precedents to clarify and improve the law, such as the two transgender case the Council lost. It is significant how rarely the Commission funds these cases. They are funded in the same way the Council is, by the public purse, which demands transparency and accountability. But this crucial fact is also absent.
Other Councillors Elgood, Mitchell and Taylor communicated the opposite message to Mears. The Council’s own web site clearly positions the Commission as a national authority. So it ridiculous misinformation to diminish the role of the Commission by contrasting it on rule of law with a Tribunal.
The judgement found the Council have a policy of not allowing us to complain. This became apparent during the tribunal cases when the Council refused the victim access to the Council's Grievance Procedures. The Council argued they would take the: -
“... same line ... whatever the nature of the claim”
The Tribunal judged such refusal as discrimination: -
“16.17 ... we [the Tribunal] do not accept the Council would adopt a general policy of non compliance with the law”
This exclusion continues today: Council Leader Mary Mears has denied us access to the Overview and Scrutiny Commission chaired by Labour Leader Gill Mitchell. However, the Council's own July 2008 Newspaper claims the opposite: -
“We're under scrutiny!... dedicated to holding council decision-makers to account.”
The Council web site states the Overview and Scrutiny Commission is there to: -
"review the impact of decisions and policy [and] hold the Executive to account for their decisions and actions... an important mechanism for Councillors to represent their wards and are a focus for stakeholder and community involvement... reviews and scrutinises all matters, Executive decisions... and any other Council function not otherwise addressed by any other Overview & Scrutiny Committee."
Shockingly everybody in this Council, right up to its leader Mary Mears have disgracefully blocked our access to these procedures.
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