The Chief Officer/Responsible Financial Officer for Shaw & Crompton Parish Council and the Oldham Council Returning Officer have both been alerted to a serious potential breach of the law by a controversial local political group whom style themselves as Shaw and Crompton Independents.

A booklet, which was set to be distributed to residents of Shaw and Crompton from the Independent-controlled Parish Council, is believed to have featured the Independent candidates for this year’s Oldham Council elections. 

The booklet, funded by council taxpayers, features a campaign to rebrand Shaw & Crompton Parish Council as a Town Council, despite the decision to make that change having already been made.  The re-branding also features in the campaign of the two Independent council candidates standing in the Shaw and Crompton Wards for the May elections. 

The Independent-run parish council was also planning to hold a number of public consultations in April, which are also against electoral law.

 Under the Local Government Act, 1986, it is illegal for a council to publish any material which is designed to affect support for a political party or for a council to arrange events involving candidates.  In addition it cannot consult on controversial matters for obvious reasons.

None of the above arrangements for the Parish Council was officially communicated to former Leader of Oldham Council, Cllr Howard Sykes MBE in his role as a Parish councillor, as he and the other Liberal Democrats were removed from all the committees of the Parish Council by the Independents presumably to avoid scrutiny of such matters.

However, as a Shaw Liberal Democrat councillor and founding member of Shaw & Crompton Parish Council, Cllr Sykes sought legal advice, after social media posts on these topics came to his attention, before formally complaining to the Returning Officer for Oldham Council, Harry Catherall, and the Chief Officer of the Parish Council, Tony Hilton.

In his letter to the authorities, Cllr Sykes wrote: “My view is that this is clear electioneering during the pre-election period which is designed to affect public support for the two so-called Independent candidates in Shaw and Crompton Wards.”  

Following this intervention, Shaw & Crompton Parish Council have now agreed with Cllr Sykes and confirmed that the ‘road show’ events will be cancelled, and the 12-page booklet will not be delivered in the election period.

Cllr Sykes said, “It is really concerning that the so-called Independents were clearly prepared to use tax-payers money for their own political campaigns.  Something that is completely against the law.  As a founding member of the Parish Council, I never thought I would see Shaw & Crompton’s public money tried to be used in such a way.  The so-called Independents only cancelled their plans after I took legal advice and issued two formal complaints.”  

The Leader of the Shaw and Crompton Independents, Cllr Marc Hince (pictured above left), is presently the subject of other serious complaints over flagrant breaches of the law, in those particular cases the Localism Act, 2011 (read full story here). His wife, Sarah Hince (pictured above right), is also a prominent Shaw and Crompton Parish Councillor and also the subject of one of those complaints.

In response to the concerns raised by Cllr Sykes, Tony Hilton said:

“I write to confirm that the Town Council community engagement/consultation event scheduled for tomorrow evening (16th April) at Shaw Cricket Club has been cancelled and will be re-arranged, as will other such events, at a future date and not until week commencing 6th May at the earliest.

 “Also, the Spring edition of the Parish Council newsletter will not be distributed until the 3 May at the earliest.

“Please be advised that the above has been communicated to Oldham Council’s Director of Legal Services and the Council’s Chief Executive.”  

I trust that this provides reassurance that the Parish Council will not be engaging in any activities which could lead to a potential breach of legislation specifically in relation to the Local Government Act 1986 and Code of Recommended Practice that you cite”.

 Cllrs Mark and Sarah Hince have been offered the standard courtesy of right of reply.

Page last updated: Tuesday 16th April, 2024 at 1155 hours

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One response to “Controversial ‘Independents’ in breach of election law as they attempt to campaign using public funds”

  1. […] Controversial ‘Independents’ in breach of election law as they attempt to campaign using… Independent councillor facing Localism Act complaints over failing to declare interests Posted on April 26, 2024 by howardsykes in Uncategorized | Leave a comment […]

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