Where there’s a Will there’s a way

Over the past two years, I have had a considerable amount of dealings with Will Naylor in his role as Chief of Staff to the Police and Crime Commissioner (PCC) in North Yorkshire. He is a personable man, generally courteous and, mostly, helpful insofar as the limitations of his present role allow.

Will appears popular with both the PCC and the two of his staff with whom I have the most dealings, Digital Engagement Officer Simon Jones and Caseworker, Sheree Evans. It is also to Will’s credit that Simon and Sheree are a reflection of himself as polite, largely helpful public servants. There is also a good ‘feel’ as visitors walk into the their HQ in Harrogate, which is usually a sign of a happy, functioning team. (Since this article was first written Sheree has now left the PCC’s employment in a sudden, unexplained departure).

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‘House of Secrets’? Only a small sign on the front of the building reveals that it is the NYPCC headquarters in leafy Granby Road, Harrogate.

But, for all of that, it came as something of a shock when I saw that his name had been put forward as the preferred candidate for the newly created position of Deputy PCC. The concept of feather duster to peacock immediately sprung to mind.

Setting aside his present, or future, capabilities for the job, I couldn’t visualise the transition from a virtually anonymous, innocuous office manager role to the PCC’s Deputy. Type ‘Will Naylor‘ into Google and you learn nothing. No image, no background, no colour, no public persona. Nothing. It is as though he landed at PCC HQ from Mars.

Whereas, according to the perpetually unreliable PCC website, he arrived from the office of Helen Grant, MP for Maidstone, whose relatively short incumbency in Parliament has been dogged by controversy. It will come as no surprise that they have included expenses and staffing scandals [1].

Rather more surprising is that Will is described on the PCC’s website as Mrs Grant’s former chief of staff. The local Kent press described him as her parliamentary assistant. The Independent Parliamentary Standards Authority website clearly shows that there is no such recognised position as chief of staff in an MP’s office. So who is kidding whom?

Also, my understanding of the legislation (section 18 of the Police Reform and Social Responsibility Act 2011) is that a PCC cannot appoint a member of his/her own staff as a Deputy PCC, a point taken up by others, to some effect, later in the process.

There had been considerable controversy when a rather better known Labour policy wonk, and failed MP candidate, Isabel Owen, made the transition from working as a ‘consultant’ for the PCC, in neighbouring West Yorkshire, to Deputy PCC [2]. It didn’t harm Ms Owen’s cause that she is married to Peter Nicholson, the Regional Director of the Yorkshire and Humber Labour Party.

Interestingly, one of the key facilitators of Will Naylor’s candidacy, interim NYPCC chief executive, Fraser Sampson, was also closely associated with the Owen appointment in his role as WYOPCC’s substantive, and hugely rewarded, chief executive.

Some have argued strongly against the need for such a Deputy position in North Yorkshire, such as the Police Federation’s voice in the county, Mike Stubbs. He says the timing is ‘unfortunate‘ and there are ‘damaging perceptions of cronyism and jobs for the boys‘ around the appointments of Deputies.

I am not in that group. Having seen the level of her own personal commitment, and the number of hours Julia Mulligan puts into the job, I take the view that if she is able to weave such a role into her office costs budget there are significant operational benefits in having a reliable Deputy to take on some of the more time-consuming parts of the PCC’s remit, such as constituency surgeries.

Whether Will Naylor is the right man remains to be seen. A key reservation would be, in my own experience, is that, like Julia, awkward issues are invariably fudged away, or ducked altogether. A very vivid example of this is the nationally-known scandal over Operations Rome and Hyson. About which, much has been written elsewhere.

Between the two of them, I have never once heard, or read, any criticism whatsoever of the chief constable, or the shortcomings of his force, over whom they have holding to account responsibility. Either publicly, in meetings, or in correspondence.

chief-constable-dave-jones-and-commissioner-julia-mulligan
Chief Constable Dave Jones in a familar PR pose with PCC Julia Mulligan. Jones has escaped any criticism from Mrs Mulligan since his appointment in April 2013, but both face three emerging scandals concerning: the infamous  ‘Pink Gun’ tribunal case; a Court of Appeal judgment over a failed rape case that was scathing about both Jones’ and the force’s conduct; and a third matter, also concerning a failed rape case in which the victim has been treated poorly by both the force and PCC.

It is a statutory requirement that a confirmation hearing takes place, once a PCC decides on his/her preferred candidate for Deputy Commissioner. This is part of the remit of the Police and Crime Scrutiny Panel (PCP) and an agenda item was set aside for the purpose at their meeting on 6th October, 2016. The full agenda for that meeting, including some interesting background papers relating to the appointment process can be read here [3].

The report that flowed from that hearing, also a statutory requirement, was published on 19th October, 2016 [4]. It revealed a surprising amount of rigour, for a committee noted in the past only for its torpor, and the findings were very much in line with my own views.

Will Naylor was recommended by the Panel only by a majority verdict – and provided certain conditions are met. That is unsurprising, given some of the questions that were asked of him by the Members and the obvious flakiness of some of the material presented, both by Julia Mulligan in her own report on the recruitment process, and Will himself in his personal statement, which was absent, for example, of any substantive details of qualifications, previous employment and relevant experience.

It can be seen from their report that the Panel challenged the preferred candidate in a number of key areas. Particularly his professional competence, personal independence and experience in a public-facing role. The outcome being that there are considered to be  ‘gaps’ in his competencies and doubts about his independence – and the Panel require a Personal Development Plan (PDP) in place if the PCC can demonstrate that the appointment is, indeed, lawful and she formally offers the position to Will Naylor, once he has resigned his post as Chief of Staff.

However, to my eye there were also some obvious shortcomings in the Panel’s report: The number of candidates who applied and were then, subsequently, interviewed is not disclosed. Or declared by the PCC in her report. That is now the subject of separate information requests to both the PCC’s office and the PCP, after repeated refusal by Simon Jones (presumably acting on istructions from above) to provide that information via Twitter. This in spite of the written claim made by Julia Mulligan to the Panel that the recruitment process was ‘open and transparent’.

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Twitter interchange with Simon Jones (no relation to chief constable) who is the PCC’s Digital Engagement Officer and runs their Twitter account which has, since November 2012, accumulated just 2,350 followers. Many of them outside of North Yorkshire’s pool of  602,000 constituents and 1,500 police officers and staff.

There is also mention in the PCC’s report of a well qualified pool of candidates applying for the post, who met all the selection criteria, and Will being the best of the bunch. That on it’s face appears counter-intuitive, given the potential shortcomings in his candicacy highlighted in the confirmation hearing. Put shortly, it doesn’t add up.

There is also no mention of his CV, or previous employment references being taken up, or whether they were satisfactory. Although this may well be covered under the ‘vetting’ procedure.

The freedom of information finalisation [5], which came 26 days after the questions were first asked, has now opened up other interesting lines of enquiry into this selection process [6]. What is now known is that there were, allegedly, 16 candidates who responded to a single, small press advert in The Guardian, costing just £900. The job was not advertised in the conventional outlets for recruitment advertisements of this nature, the Yorkshire Post, Northern Echo or York Evening Press, which would strike most commentators as odd, to say the least.

Of the 16 whom expressed interest, 4 were selected for interview by an unnamed ‘Selection Panel’. Curiously, two did not appear before the interviewing panel. This left Will Naylor and one other. The rest, as they say, is history. Of the interviewing panel three were past or present close working colleagues of Will’s: Julia Mulligan, the aforementioned Fraser Sampson and Simon Dennis. The latter had orchestrated the entire selection process at the invitation of NYPCC. Simon is also featured in another article on this website [7]

So, it seems, where there’s a Will there’s a way to make him your Deputy if, of course, your name is Julia Mulligan and you have the backing of Chair, Carl Les, and the Conservative hardcore on the Panel. Even if it means bending the law – and not quite being as frank as you ought to be about the recruitment process.

But, good luck to Will. He may yet turn out to be the people’s champion on policing matters in North Yorkshire, and be the first to stand up to some of the wilder excesses of the chief constable. In his personal statement to the PCP he cited, quite oddly, that he wanted to ensure that harassment allegations were investigated much better by the police. Perhaps he was mindful of this case [8] which has caused the PCC’s office and the force so much damage to their good standing?

Page last updated Saturday 5th November, 2016 at 1150hrs

Annotations

[1] Wikipedia: Helen Grant MP

[2] Yorkshire Post 11th April, 2013: ‘Police role given green light after crony row’

[3] North Yorks PCP 6th October, 2016: Meeting agenda including Deputy PCC papers

[4] North Yorks PCP 19th October, 2016: Report on Deputy PCC confirmation hearing

[5] What Do They Know 12th October, 2012: ‘Appointment of Deputy PCC’

[6] What Do They Know 2nd November, 2016: ‘Appointment of Deputy PCC’

[7] Neil Wilby 22nd May, 2016: ‘The Inn of Last Resort’

[8] Private Eye 31st August, 2016: ‘North York Boors’

Corrections: Please let us know if there is a mistake in this article — I will endeavour to correct it as soon as possible.

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Copyright: Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

‘Open and transparent’ Police & Crime Commissioner stonewalls questions over public misconduct hearings

There are few words in the policing lexicon that crop up more often than ‘open’ and ‘transparent’. Some luminaries, such as North Yorkshire Police and Crime Commissioner (PCC), Julia Mulligan, use it so often that they actually begin to believe in the myth.

There are few words in the policing lexicon that crop up more often than ‘open’ and ‘transparent’. Some luminaries, such as North Yorkshire Police and Crime Commissioner (PCC), Julia Mulligan, use it so often that they actually begin to believe in the myth.

The latest example cropped up only yesterday with a story run by the usually police-friendly York Press [1]. The thrust of the piece is that a reporter from their sister newspaper, The Northern Echo, was denied entry to a police disciplinary hearing due to open at police HQ at Newby Wiske, near Northallerton.

Up pops Mrs Mulligan and immediately pledges to “put transparency at the heart of this process”. Conveniently forgetting that it is already a statutory requirement to do so under Police (Conduct) Regulations [2].

But that is only half the story. Misconduct hearings against North Yorkshire Police (NYP) officers alleged to be in breach of Standards of Professional Behaviour [3] fall under the remit of their Professional Standards Department (PSD). It is a part of NYP’s operations that has come under stinging criticism over the past few years. Not least from myself in other articles on this website.

insp-sarah-sanderson

Prior to the current proceedings, involving gross misconduct allegations against Inspector Sarah Sanderson (with whom I had a brief and uncontroversial professional interchange in August 2012, just before her promotion to T/Chief Inspector), there has only been one other misconduct meeting heard in public involving a NYP officer. This was the widely reported ‘I love weed‘ case involving ex-PC Simon Ryan [4].

Having accidentally discovered it was taking place whilst researching for another article, I actually registered via the NYP website for the Ryan hearing, although as a press card carrying journalist it galled me to do so.

A response came two days later from an unidentified PSD officer (no name, no collar number which is, of itself, a breach of the Code of Ethics) who informed me that ‘a seat had been allocated‘.

There were also other myriad conditions which were set out at this weblink [5]. The sum of it was, there were no facilities at all for reporters, and they were also being asked to leave the building every time the hearing adjourned. Which for proceedings of this type is usually frequently.

I asked PSD by email if a small room with just a table and some chairs could be provided, so that reporters could do their job. An anonymous responder (again) informed me: “I’m afraid that we do not have the available space in order to facilitate your request“.

No catering or drink facility was to be provided to attendees at the hearing – press or otherwise – and I didn’t get as far as asking about toilet facilities.

For my part, I decided that three 140 mile round trips, at my own expense, with no guarantee that my two battery powered devices would last the day without infusion of mains electricity, added to the prospect of flask and sandwiches in the car, and trying to work my laptop on my knee during the hearing, was not at all an appealing combination. I concentrated on other work and hoped one of the local or regional newspapers, who covered NYP matters, would report on the proceedings.

In the event, the hearing only lasted two days and only Tom Wilkinson from the Press Association was in attendance. As such, he still holds the distinction of being the one journalist ever to attend a NYP misconduct hearing.

Unless there is an entirely different approach taken towards the press, after Mrs Mulligan has spoken to the Chief Constable, then Tom might hold that record for some time yet. It is also interesting that he hasn’t ventured to Newby Wiske Hall for a second time.

The PCC and the chief could make a start by changing the venue from Newby Wiske Hall for a start. If it doesn’t have the requisite facilities then why hold hearings there? A question that has been put to both Mrs Mulligan and Dave Jones.

In the interests of ‘openness’ and ‘transparency’ neither even responded to the email seeking comment. Two questions were put to both police chiefs:

1. Why are card-carrying journalists required to register to attend disciplinary hearings?
2. Why is Newby Wiske Hall used as a venue when it is plainly unsuitable?
Readers are invited to draw their own conclusions as to whether they are in the public interest and it was reasonable of Mr Jones and Mulligan to stonewall them.

 

Page last updated: Wednesday 21st September, 2016 at 1750hrs

[1] York Press 19th September, 2016: ‘North Yorkshire PCC will speak to Chief Constable after reporter refused entry’.

[2] Police (Conduct) Regulations 2012.

[3] North Yorkshire Police: Ethics and Standards.

[4] BBC News 14th June, 2016: ‘I love weed hat PC Simon Ryan sacked from North Yorkshire Police’.

[5] North Yorkshire Police: Misconduct hearings.

 

Photo credit: Northern Echo

 

In the Eye of the storm

In July of last year I wrote a lengthy, forensic piece setting out a list of professional and business failings of a noted public figure in North Yorkshire, Jane Kenyon [1]. The thrust of it was opposition to her upcoming nomination as an Alderman of the Scarborough Council.

It also detailed the ways our respective paths have intersected for over forty years, personally and professionally – and the business dealings of our fathers many years before then. The disgraced Sir Bernard Kenyon had left his role as Clerk to West Riding County Council in 1968 following a Yorkshire Post exposé connected to the infamous John Poulson corruption scandal. My late father was contracts manager for a well known public works contractor at the time.

There have been several articles since in which she has featured, including a shorter, scything piece [2] over her lying in a witness statement in a criminal investigation known as Operation Rome, instigated by North Yorkshire Police with the intention of silencing her critics, who had uncovered an expanding web of her shady expense claims, business dealings and several potential offences under the Localism Act.

Miss Kenyon, as she was known then, was chair of the police authority for over seven years and, plainly, still exercises considerable power over the force. After the Rome investigation, headed up by her friend, DCC Tim Madgwick, had twice failed to persuade the Crown Prosecution Service to charge any of the three suspects with alleged harassment offences, she was able to influence the police sufficiently for them to launch an elaborate and hugely expensive civil claim at Leeds High Court – at the public’s expense. This was styled Operation Hyson.

Interestingly, Madgwick made the seamless transition from Gold Commander on the spectacularly failed Operation Rome to whimpering claimant, and recipient of a huge amount of free legal fees, in Operation Hyson. In which, it was later found that he had produced false evidence in his witness statement to boost his ‘hurt feelings’ claim. A matter over which North Yorkshire Police, and the Police Commissioner, are presently doing everything in their power to sweep under the carpet.

A few months before Rome collapsed and Hyson was launched, Jane Kenyon married her long term partner and fellow shady dealer, Thomas William (Bill) Miller, with whom she had been associated in the business scandals involving, notably, the failed Belvedere Computers (both in California and Scarborough) and Dales Timber companies.

Mrs Kenyon-Miller, as she now styles herself, was “furious” that the CPS had “let her down” by not charging the journalists Tim Hicks and Nigel Ward. Her venom being particularly stinging in the case of the latter, who lives a relatively short distance away from her and is blamed for the loss of her seat as a borough councillor at the 2015 local elections. Conveniently ignoring the fact that fifteen others on the same council also lost their seats.

Curiously absent from the Hyson civil proceedings were any claims by Mrs Kenyon-Miller against Private Eye for harassment, despite there being repeated explicit and implicit attacks on both her morals and integrity by the magazine’s investigative reporters.

It was such similar attacks that formed the main grounds for the Hyson proceedings against Real Whitby (and North Yorks Enquirer) journalists. An injunction, damages and costs were sought against both in the police-funded action. In the event, neither an injunction nor damages was granted against either, no costs were awarded against Mr Hicks and all of Mr Ward’s costs were actually awarded against the police.

At the time of the issue of the Hyson claim, in February 2015, there had been more than sufficient material published in Private Eye to constitute a ‘course of conduct’ as defined by the Protection from Harassment Act, 1997. Two articles would have sufficed. There were three that mentioned her specifically by name, and five others in which inference could be drawn against her by way of her position as Scarborough’s best known councillor, most influential Conservative party member, or the aforementioned position as police authority chair. In some cases, all three. These are the articles, together with a brief synopsis of all eight:

Wooden excuse‘ (August 2012) attacked Jane Kenyon, and her now husband Bill Miller, over the Dales Timber Ltd and Belvedere Computers business collapses and, more crucially, their failures to declare their interests in these companies on council registers. Particularly the former, as Dales Timber was a supplier to councils to which they were elected. The article notes that such registration failures are a criminal offence and can attract a maximum penalty of £5,000 and disqualification from office for up to five years. [PE1]

Double-dipping‘ (September 2012) repeats the register of interests allegations against Jane Kenyon and then piles on the agony with revelations concerning claims for the same expense from two different authorities to which she was elected. One of those being the police authority, no less. [PE2]

Rotten Borough Awards 2012‘ (December 2012) singled out Scarborough Borough Council and the ‘double-dipping’ scandal in their Highly Commended section. This is clearly a reference to Miss Kenyon in an earlier issue. [PE3]

Lisa Majesty‘ (April 2013) Whilst it was Head of Legal Services, Lisa Dixon, that was mentioned by name, the person driving the legal action to close the hated Real Whitby website was none other than the Council’s portfolio holder for Finance, Procurement and Legal, Jane Kenyon. Not mentioned in the article was the fact that a sum of £100,000 of taxpayers’ money was set asisde by Dixon and Kenyon to fund the ‘libel’ action. [PE4]

Rotten Borough Awards 2013‘ (December 2013) saw Scarborough Borough Council singled out as Legal Bullies of the Year on the back of the Lisa Majesty piece. Any libel action was never likely to succeed against Real Whitby, as the articles written about Jane Kenyon and Scarborough Council were all true. [PE5]

Congratulations‘ (February 2014) was a short eulogy about the successes gained by the Real Whitby citizen journalists on their website, and the stories that had been repeated in the Eye, over scandals involving the councils and police force with which Jane Kenyon was closely involved. A BBC Inside Out programme had endorsed the website’s reporting in an episode that was most notable for all of the councils, and the police, not responding to the BBC requests for interviews. The eminently quotable Jane Kenyon was notable by her absence, also. [PE6)

Scarred Borough‘ (May 2014) is a hugely damaging piece for the Kenyon-Millers as it reveals details of what appears to be a palpably false claim for disability benefit made by the able-bodied Bill in 1996. This followed malicious reporting of Real Whitby contributor, Nigel Ward, to the DWP over alleged benefit fraud. The report emanated from someone at Scarborough Town Hall, according to the DWP. Mr Ward was able to quickly, and fully, satisfy the DWP investigator that he was not involved in any fraud. [PE7]

Knacker Foxed‘ (December 2014) is a damning condemnation of Scarborough Conservatives (which must, of course, include their leading light Jane Kenyon) over failure to report suspicions of fellow Conservative councillor Peter Jaconelli‘s widescale abuse of children over a period of decades. The Eye says that ‘half the town now claims to have known what was going on’. [PE8]

The fact is that the Private Eye has not been subject to a single complaint – or application – by Jane Kenyon, Bill Miller, Scarborough Borough Council, North Yorkshire County Council or North Yorkshire Police over any of the articles. Nor, for that matter, have I, over the articles written about the Kenyon-Millers.

The question that follows must be: Will Jane Kenyon-Miller be persuading the police (or the council) to reach for the public purse yet again after another scathing article appeared in the satirical magazine at the end of August, 2016 and, of course, this one?

North Yorkshire Boors‘ is the Eye’s lengthiest effort yet – and much the most damaging for Jane Kenyon and her council and police cronies. The article claims that the total cost to North Yorkshire Police in pursuing what has been an almost entirely fruitless five year campaign against two citizen journalists has been ‘well over £1 million‘. [PE9]

As Private Eye would say, ‘Kerching!’

 

Page last updated on Wednesday 7th September, 2016 at 1025hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

 

 

Deceit and subterfuge underpinned PCC’s decision to fund chief’s civil claim

Much has been written elsewhere, almost exclusively by me, concerning the North Yorkshire Police investigations codenamed Operations Rome and Hyson. The satirical magazine Private Eye did, however, break mainstream media ranks and publish an article in the last week of August, 2016 [1].

The Eye piece is a scathing condemnation of the failed criminal investigation (Rome), then the civil action (Hyson), mounted by Dave ‘Knacker’ Jones, North Yorkshire Police’s chief constable, against citizen journalists who were criticising his force.

This latest article of mine looks more closely at the deceit and subterfuge that surrounded the formal decision by Julia Mulligan, the Police and Crime Commissioner for North Yorkshire, to use a huge amount of public funds to allow three high ranking police officers,  including Jones, one retired detective superintendent and a former Chair of North Yorkshire Police Authority in pursuit of harassment claims against two citizen journalists and a justice campaigner.

The civil court case, which is currently estimated to have cost the taxpayer £450,000 (Private Eye reckons it is higher than that), also featured four members of the Hofschröer family. Three as police funded claimants, Robert, Diane and Martin, and Peter (Robert’s brother) as defendant, with no funding.

It serves no useful purpose to rehearse here the infamous ‘Grandma B‘ campaign, mounted by Peter Hofschröer, over allegations that the other family members involved in the court case deprived his mother Barbara of the family home in Acomb, York with nefarious motive. My single contribution to this wholly unsatisfactory affair is to say that, on the face of the documents and evidence I have access to (which is not all of them, of course), the police picked the wrong side in the argument over the alleged property fraud.

The presence of Hofschröer family members on opposing sides of the claim gives the whole matter the bizarre feel of a family dispute gone terribly wrong. Whereas, the real motivation behind the civil claim was, say Private Eye, to silence the police force’s critics, once and for all. The Hofschröer family dispute just provided a convenient ‘cover story’ for that principal aim.

One of the many extraordinary aspects of the Hyson civil claim is that it was launched two months after Peter Hofschröer was arrested and held on remand, with no access to legal advice or his paper or electronic files. He has not been at liberty since and was convicted at Teesside Crown Court in July 2016 on indecent image charges [2].

Hofschröer now faces Part 1 extradition proceedings by the Austrian authorities at a Westminster Magistrates Court hearing listed for 15th September, 2016 on charges relating to stalking, child pornography and defamation under sections 107, 207 and 297 of the Austrian criminal code. It is also reported that he is appealing the paedophilia conviction, although how that could be grounded is not entirely clear, given that the trial was conducted by one of the North East Circuit’s longest serving judges, HHJ Tony Briggs QC.

The net effect of all this, as far as the police, and the rest of the Hofschröer family is concerned, is that none of the offensive articles about which they complained have yet been removed from the internet, nine months after an injunction prohibited their publication – and the likelihood of ever collecting the costs awarded against Peter Hofschröer are almost non-existant.

Put shortly, and given his continued incarceration over the criminal matters, the civil claim against him was a complete waste of time and money.

Which brings us to the decision to spend a vast amount of public money, made by the PCC and published on her website [3], some twelve months after she was required to do so, by law.

Despite being asked a number of times the PCC refuses to explain the delay between the first of the lawyers’ Hyson invoices pouring in (July 2015) and the Decision Note being put up, unannounced, on her website fifteen months later. What follows in this article will go a long way to unlocking that mystery.

To facilitate this analysis, the text of the formal Decision Note dated 29th September, 2015 is taken verbatim from the NYPCC website and highlighted below in blue. My comments, grounded mainly in responses to correspondence with the police and the PCC’s office, freedom of information request finalisations and public accounts access disclosures, are in black type beneath each section.

Screen Shot 2016-09-04 at 13.50.10

Executive Summary and Recommendation

The Police and Crime Commissioner (PCC) is ultimately responsible for representing the public in all matters, as well as overseeing  the policing budget to ensure good value for money for the taxpayer.

Many would submit, along with myself, that allocating around £50,000 each in free legal fees to the Chief Constable, Deputy Chief Constable and the Head of Uniformed Services (whose combined total salaries of around £340,000 per annum plus benefits totalling another £60,000pa ) would not pass any known Value For Money test.

It should also be said that, in my extensive investigative experience, the PCC in North Yorkshire puts her unquestioning support of the police – and particularly Dave Jones – well ahead of any representation of the interests of the public. 

This Decision Notice will demonstrate that the PCC is holding the Chief Constable to account by monitoring the financial support of a specific case which is currently a matter of ongoing civil proceedings.

The one significant feature of the PCC’s tenure has been her complete failure to hold the Chief Constable to account. This was a key strand of argument from those opposing her in the PCC elections in May 2016, when Julia Mulligan was elected on a much reduced majority. The shambles surrounding this Decision Notice is a further example of that.

The PCC is satisfied that supporting the action by individuals is a lawful and proportionate use of public money and is in line with her priority of supporting victims and ensuring an efficient and effective police service. This Decision Notice will explain the scrutiny process.

In the Hofschröer case there has been one victim who stands out above all others: Disabled World War 2 veteran, Barbara Hofschröer, who was displaced from her home and now languishes in a council run care home, cut off from her chosen carer. Whilst no right thinking person could condone the appalling manner in which the campaign for justice for Grandma B (as Barbara is widely known) was run by her son and carer, Peter, at the heart of this issue is a grave miscarriage of justice.

In order to be as open and transparent as possible, the PCC publishes all Decision Notices so they are available to the press and the public.  This happens whenever a decision is in the public interest, of which there are several tests. In addition, the PCC expects the Chief Constable (CC) to draw to her attention issues which (amongst other things) are sensitive, contentious, novel or repercussive or where there is a real risk that the Commissioner or Chief Constable could be exposed to public criticism.

This Decision Notice was only published after considerable pressure was brought to bear by me, both via social media and a complaint to the Police Scrutiny Panel. Almost a full year after the PCC was legally obliged to do so.

In making this decision publicly and formally, through a published Decision Notice, the PCC will demonstrate that:

  • She is holding the Chief Constable to account by monitoring the financial support provided to a specific legal case, which is in the public interest

On any reasonable view it is difficult to see how the public interest is satisfied by granting huge benefits, by way of free legal fees, to very highly paid senior police officers over ‘hurt feelings’.

  • She is satisfied that supporting the action is a lawful and proportionate use of public money in line with her priority of supporting victims, and is in the best interests of the public purse

There are thousands of victims of serious crime in North Yorkshire who have received no financial support, whatsoever, from either the state in general, or North Yorkshire Police in particular. To allocate huge sums of money to alleged victims of harassment without violence is preposterous. Away from North Yorkshire, I draw the stark example of the families of the twenty-one victims of the Birmingham pub bombings who are desperately seeking public funding for legal representation at the new inquests. They have, so far, been refused legal aid and an appeal direct to the Home Secretary has been made. Perhaps they might get  more joy from Julia Mulligan?

She is upholding her commitment to being open and transparent.

The repeated use of the expression ‘open and transparent’ is troubling (they are underlined for emphasis). It has been proven beyond any doubt, whatsoever, that the PCC’s office is anything but. To the extent that Julia Mulligan is due to appear in Huddersfield County Court on 11th October, 2016 over her persistent breaches of Data Protection and Freedom of Information Acts. Much of the withheld information that forms the grounds for my claim concerns Operations Rome and Hyson.

1. Introduction and Background

Over the last seven years an individual has been involved in a complex family dispute.  Some of the allegations made have been investigated for possible criminal offences.  During the course of the investigation, members of the public and several professionals involved in the case, including former and serving police officers, have sustained alleged harassment.  The alleged harassment has included an amount of comment about their personal integrity and has been experienced through correspondence with the force and the Office of the PCC (OPCC), in formal complaints and on various social media outlets including websites and blogs.

The individual concerned was Peter Hofschröer. In an ‘open and transparent’ Decision Notice it seems odd that he has not been named. Six months after court proceedings were opened in a public hearing. Similarly, the websites referred to were Real Whitby and the North Yorks Enquirer. The blog in question was the previously mentioned Grandma B.

Criticism of North Yorkshire Police is of course accepted as fair comment and complaints are dealt with in accordance with procedures.  North Yorkshire Police strives to encourage engagement and debate with the public it serves, and in no way seeks to “close down” legitimate criticism that is helpful in improving the service response.  However, some of the comments have been so personal as to have affected the health of some of the recipients.  Police officers are used to dealing with difficult situations, they have broad shoulders and they are certainly not above criticism. 

There can be few, if any, other public bodies that are as sensitive to any criticism as North Yorkshire Police. It only encourages debate if they are able to control the agenda. Similarly, if the force is tackled on any area where their service falls below the required standard they are simply not interested in engaging with those who highlight shortcomings.

Similarly, the assertion that complaints about NYP officers are dealt with according to procedures is risible. A growing portfolio of cases to which I now have access has proved, beyond any doubt, that abuse of the complaints system by the force is on an industrial scale.

There has however been years of unwarranted harmful personal abuse that has tied up police time.  If the behaviour had been physical then there may have been a variety of different solutions to stop the behaviour and the Chief Constable has a statutory Duty of Care to look after the health and safety of his employees no matter how any distress is caused. Along with the health and safety of individuals, the effectiveness and efficiency of the police service is paramount and must be protected.  Over a considerable period of time the contact of individuals has impacted greatly on police resources in a way that is not sustainable.

The three officers concerned here are Chief Constable Jones, Deputy Chief Constable Tim Madgwick and Chief Superintendent Lisa Winward (since promoted to Assistant Chief Constable). The harassment, according to the claim’s particulars and their own witness evidence, comprised of emails and articles on two websites. It is very doubtful that the two chief officers saw the emails and even more doubtful that they read the articles on what are two niche websites. Indeed, the pleadings made it clear that a lot of the ‘harassment’ complained of required a Google search by a team of expensive lawyers, working on their behalf, building a case.

The Chief Constable took the decision to proceed based on clear advice from a leading Barrister.  Based on that advice, the Chief Constable took the view that civil litigation was a necessary step to exercise his duty of care to members of his own organisation and to protect members of the public.

The leading barrister is Simon Myerson QC, who had also been advising on the spectacularly failed criminal investigation, Operation Rome. It is unclear why, in an ‘open and transparent’ Decision Notice why such a high profile lawyer would not be named. He had already appeared in court in the matter twice by the time the Decision Notice was published.

The decision by the Chief Constable to fund legal action to support individuals – both former and serving officers, and others connected with the case – attempting to prevent further alleged harassment was considered at great length.  Legal advice was proactively sought. 

Alongside that formal legal advice, both the PCC’s and Chief Constable’s Chief Finance Officers were consulted and provided their professional opinion.  Financial regulations were also checked. 

The External Auditors have also scrutinised the rationale and confirmed that North Yorkshire Police has the powers to undertake the actions that it has.

An employer has a statutory duty of care to the employees of the organisation.  Responsibilities include matters of health and safety and well-being.  Supporting this case seeks to addresses this.  Along with this duty on the employer there is a legal power and duty upon the PCC to maintain an efficient and effective police force for the area.  Supporting this action seeks to contribute to this in relation to the significant time and resource that has already been spent on this matter.

As is often the case in legal proceedings, most of the cost is frontloaded as evidence has had to be filed at the beginning.  This Decision Notice is being considered before the proceedings move towards any possible further hearings.

Two hearings had already taken place at Leeds High Court and a third hearing was already listed, before the Decision Notice was published. On 9th February, 2105; 25th June, 2015.  and 27th November, 2015 respectively

The position at this time is that the defendants can now decide whether to contest the case brought.  If they do so, a final hearing timetabled by the Judge would then be required.  It is of course hoped that a lengthy hearing can be avoided by the defendants agreeing to proposals made.

By the time the Decision Notice was issued it was clear that the two journalists were not going to go down without a fight and that a lengthy and costly legal battle was inevitable.

The final cost of the civil case will depend at what stage the case is finalised. Any early settlement will avoid a contested final hearing.  So far (to the date of this report), external legal advice and representation in the civil proceedings has cost £162,406. Most of the cost is frontloaded in this type of proceedings, as evidence has had to be filed at the beginning.

An estimate for the anticipated costs was made before the start of the proceedings and was estimated at around £202,000.  This is set against the cost of over £400,000 which the matter had already cost the force in dealing with the activities of those against whom the civil claim is made.  There was no apparent end to the case without positive action and other solutions had already been exhausted, which was a key factor in determining the course of action through the civil court.

It must have also been clear at that time that the estimate for the legal costs was going to be well in excess of the £202,000 estimate referred to in the Notice. The claim of £400,000 being the cost of dealing with the ‘activities’ of the defendants has been proved beyond any doubt to be far-fetched in a highly forensic article I wrote on the subject earlier this year. Read ‘409,970 reasons not to trust North Yorkshire Police’ [4].

In addition, the victims of the alleged harassment need to be able to seek relief from the alleged harassment they have felt and the PCC felt it appropriate to support them as victims in these proceedings.

A freedom of information request has been submitted to the PCC’s office to establish how money other victims of crime have been granted access to police funds to pursue civil claims.

2. Other Options Considered

It is for the Court to find, on consideration of evidence put before it, whether the issues and behaviour concerned have amounted to legal harassment of the individuals concerned. However, North Yorkshire Police felt obligated to take positive action to try to protect its staff.  Therefore it was decided to support the officers to commence civil proceedings as individuals.  In addition, as all solutions in the criminal arena had been exhausted for other claimants, a decision was taken to combine all actions of all individuals concerned from the start.  This was considered to be the most operationally and administratively effective solution saving both financially and court time (and therefore further public money) to combine all actions of the individuals concerned from the start.  It is hoped that the final outcome will reduce the distress felt by all those party to the action.

Citizen journalist Nigel Ward was included in the action despite none of the police officers (serving or retired) having any evidence against him, whatsoever. The Hofschröer family and their social worker had none either. That meant eight of the nine claimants had nothing against Mr Ward. Yet, the police officers held him in the claim until June, 2016 before discontinuing their claims and agreeing to pay Mr Ward’s costs. At the final hearing, Mr Ward was also awarded his costs against the ninth claimant, Jane Kenyon-Miller. This is likely to add over £100,000 to the police bill and raises huge public interest and misfeasance questions about the funding, by the police, of an action that, in the end, amounted to a wealthy public figure trying to crush a penniless pensioner into silence over her dodgy business dealings.

3. Contribution to Police and Crime Plan Priorities

The action supports the Policing Priorities in the Police and Crime Plan.

This statement is a nonsense. There is nothing at all in the Plan that supports senior police officers being granted huge sums of public money to pursue journalists over alleged harassment. Especially, after the CPS had twice ruled against the police on charging decisions over those same allegations.

4. Implementation and Resourcing Implications

The proceedings will continue in line with Directions made by the Court and regular meetings will be held to monitor progress and plan for different outcomes depending on any Orders or Judgment.

A freedom of information request has been made concerning the notes of those meetings. The decision to proceed to trial in a one versus one situation was very high risk for the police – and so it proved. The officers involved in that decision should be named and shamed.

5. Consultations Carried Out

Professional consideration and advice has been provided by: 

Department
Office of the PCC
Financial Services
Local Policing
Human Resources
Joint Corporate Legal Services
Corporate Communications

 5. Compliance Checks

Financial Implications/Value for money: 

Comments of the Commissioner’s Chief Finance Officer
Prior to any expenditure being undertaken on the work to support funding this case the PCC CFO and CC CFO were consulted and their authorisation sought to spend public money in the way proposed. As PCC CFO, and therefore advisor to the PCC on financial matters, it was my opinion at the time, and continues to be my opinion that the organisation has the ‘power’ to incur expenditure in this way based on 2 reasons from a financial perspective.

This is patently untrue. Work was in train on Hyson as soon as Rome ended in July, 2014. The earliest recorded discussions taking place over funding was three months later, in October 2014. There are also significant breaches that have been exposed, by freedom of information requests,  over procurement regulations in force. Solicitors and barristers were awarded contracts for over £200,000 without any tendering protocol being observed. Requests for sight of the Single Tender Access documents, upon which the police later relied as an explanation, have fallen on stony ground.

The first reason is that an employer has a statutory duty of care to their staff in matters of health and safety and well-being, which is something that supporting this case looked to address. The second reason is that the PCC has a legal power and duty to maintain an efficient and effective police force for the police area. Given the amount of time and resources that has been spent on this matter previously, an estimate of which is set out within this Decision Note, then to protect the effectiveness and efficiency of the Force and to enable scare resources to be directed to the most appropriate areas of policing then the power exists to spend the money in the way outlined within this Decision Note.

It has been demonstrated beyond any doubt that the figure of £400,000 relied upon for expenditure on Operation Rome – and used as justifaction for spending £200,000 on Hyson – was largely an invention.

As mentioned elsewhere, legal advice has been sought and received in relation to the power of the organisation to spend public money in this way which supports the views of the statutory officers employed by the PCC and CC. In addition to this the External Auditors for North Yorkshire Police and the PCC have looked separately into this matter, to satisfy themselves that the organisation had the power to spend the public’s money in this way. While their formal opinion has not been received on the 2014/15 Statement of Accounts it has been communicated that they are satisfied that the ‘powers’ that the organisation has relied upon to incur this expenditure are lawful.

The External Auditors, Mazars, were not even aware of Operation Hyson until I raised it with North Yorkshire Police during the public accounts access period in July, 2015. Exactly a year after the first invoice connected to Hyson was raised by Simon Myerson QC. Mazars have not produced any evidence of independent legal opinion concerning the lawful ‘powers’ of a chief constable authorising himself £50,000 of free legal fees.

Comments of the Chief Constable’s Chief Finance Officer
I am in full agreement with the remarks made by the Commissioners Chief Finance Officer. 

I have submitted a freedom of information request to North Yorkshire Police seeking all meeting, briefing notes, internal and external emails connected to the decision (and the rationale behind it) by the force (and the PCC) to fund the civil action.

Legal Implications:
External expert legal advice has been sought (which is legally privileged) and there has been significant consideration of the ‘vires’ (lawful power) to use public money to support the funding of this case.  The T/Force Solicitor and Head of Legal Services is satisfied that this report does not ask the PCC for North Yorkshire to make a decision which would (or would be likely to) give rise to a contravention of the law.

It has been proved conclusively, by me, that the PCC received no independent legal advice concerning ‘vires’ – and none was ever sought. At first, Force Solicitor, Jane Wintermeyer, falsely claimed to me, in writing, that legal opinion had been sought on 13th January, 2015. She later retreated from that position and said the opinion was given in conference with Simon Myerson QC on 15th October, 2014. Myerson has never been instucted by the PCC on this (or any other) issue – and neither has any other solicitor or barrister according to a freedom of information response.

Human Resources Implications:
Welfare provision has been considered throughout in relation to those directly affected, due to the duration of this case, ongoing assessments should continue as part of our duty of care as an employer.

No medical evidence was adduced at any stage in the claim to support the proposition that the three serving police officers have been affected in a way, beyond hurt feelings, that would justify the spending of public funds to the tune of £450,000.

Public Access to information
As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account when reaching the decision.  This Notice will detail all information which the Commissioner will disclose into the public domain.  The decision and information will be made available on the Commissioner’s website.

This is patently untrue. This was a Decision Notice that should have been published in October, 2014 when the decision was allegedly made to dip into the public purse to fund this legal free-for-all. It was admitted to me, in writing, by the North Yorkshire Police Force Solicitor that there was no intention to publish a Decision Notice about this grotesque waste of public money without a formal complaint being made to the Police and Crime Scrutiny Panel concerning its absence. The failure to publish placed the PCC in breach of The Elected Local Policing Bodies (Specified Information) Order 2011.

In summary, it can now be seen that this Decision Note was a lame attempt to cover over a number of defects in due process and slack accounting procedures at the very least.

During my investigations into the Hyson case I have been variously and regularly been obstructed, lied to, smeared and even threatened with legal action by either the Force Solicitor, or those working on her behalf.

The Chief Financial Officer failed to comply with her disclosure obligations under the during the public accounts inspection in 2015.

The ‘open and transparent’ Police Commissioner consistently refused to answer questions over the funding – or even whether she had read the particulars of claim or statement of case – during proceedings by citing potential prejudice. Then, incredibly, airily dismissed fifteen public interest questions put to her in an open letter published on both this and the North Yorks Enquirer websites [5]. She went further and, incredibly, asked me not to repeat that costs had been awarded against Jane Kenyon-Miller and the other eight claimants. Nothwithstanding the fact that I was in court when the draft orders to that effect were agreed between counsel for the parties and nodded through by the presiding judge.

It is not known, as yet, whether, Mrs Mulligan and ‘Knacker’ as the satirical irreverently refer to her chief constable will be suing Private Eye over the article. Using public funds, of course.

This is a story that still has some way to run and if those officials, elected or employed, who have treated both the public and the law with utter contempt may well find that their seeming sense of invincibility will be shattered in a way they might not have considered possible. A study of section 6(1) of the Prosecution of Offences Act 1985 might well be prescriptive.

 

Annotations

[1] Private Eye, August 2016: ‘Police 5 – North Yorkshire Boors’.

[2] York Press, 11th July, 2016: ‘Historian who had 36,000 indecent images gets two and a half years’

[3] North Yorkshire Police and Crime Commissioner, 29th September, 2015: ‘Decision Notice 011/2015 – Formal support and explanation from the Police and Crime Commissioner regarding funding of ongoing civil litigation action (sic) to protect officers and members of the public against alleged personal harassment’.

[4] Neil Wilby, 20th March, 2016: ‘409,970 reasons not to trust North Yorkshire Police’

[5] Neil Wilby, 29th July, 2016: ‘Open letter to Julia Mulligan’

Page last updated on Monday 5th September, 2016 at 0845hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

The Old Pals Act, 2016

There can be few more frustrating exercises for a journalist than trying to elicit straight answers from police forces. Legions of press officers are, mostly, conditioned to stonewall newshounds in search of the truth behind a story.

Too often they are briefed by senior officers to provide obfuscating, misleading or, on more rare occasions, untruthful answers to the media. The latter invariably to either avoid, or at least minimise, reputational damage to the force or wider police service.

So, the opportunity to ask direct questions of chief officers in open forum is a vanishingly rare one in the post-Leveson era, and is not one that should be passed up lightly.

Every month or so, North Yorkshire Police and its Police and Crime Commissioner hold a meeting of senior warranted and civilian officers which goes by the grand title of Corporate Performance, Delivery and Scrutiny Board. It is live podcasted, and even has a Twitter hashtag, #NYPScrutiny.

Except that virtually no-one watches the podcast. Either live, or by way of catch-up on YouTube, and there is little, or no, public interaction on social media about the Scrutiny Board.

Those that have watched the podcast probably wouldn’t repeat the exercise, as it is a complete waste of time as far as scrutiny goes – there is none – and the self-indulgent backslapping over performance and delivery, by those officers present around the meeting table, verges on nauseating.

Indeed, it is true to say that the exercise may now be all a tad too tedious, even for Chief Constable Dave Jones and PCC Julia Mulligan, as the former has been absent on holiday for the last two meetings (he also missed the previous three whilst away on secondment) and Julia has also missed two of the last three meetings. The latest because she was also on annual leave, we are told.

As part of the theatre of the occasion and, they say, in the interests of ‘transparency’, the Scrutiny Board invite public questions. These can be emailed in beforehand, or tweeted using the #NYPScrutiny hashtag whilst the meeting is in session.

As yet, they have not excluded journalists from the process so I have availed myself of the opportunity several times in the past. Indeed, it is rare for anyone other than myself, or uPSDNYP, to ask a question.

Just before the most recent Board meeting, I was contacted by a complainant for whom I have advocated informally for almost four years. She is a rape and fraud victim – and there are long standing issues with both NYP and their big city cousins, West Yorkshire Police over failures to successfully prosecute the perpetrator.

She told me that her two most recent conversations with a senior officer in NYP’s professional standards unit, Detective Chief Inspector Steve Fincham, had resulted in him losing his temper on both occasions including, in one of them, slamming the phone down.

Mr Fincham is an officer about whom I already know a great deal. He has dealt with a large number of complaints with which I have been directly, or indirectly, involved. Apart from an increasing portfolio of case files, I also hold a significant amount of credible, anecdotal evidence concerning the way this particular officer approaches his professional standards role. The criticism is not all from the public making complaints, either. There has also concern amongst serving officers about his uncultured, bullying approach to the job.

A decision was quickly reached between the rape victim and myself that a public question to the Scrutiny Board about DCI Fincham’s conduct might be more prescriptive than a formal incivility complaint against an officer who has delegated Appropriate Authority powers from the Chief Constable under the Police Reform Act. How prescient that turned out to be.

This is the question, faithfully reproduced in picture form, on screen, during the section of the meeting devoted to public questions:

Screen Shot 2016-08-25 at 11.10.22

What was not reproduced, specifically at my request, was background material given to the Police Commissioner’s office that was relevant to the question.

– That I have acted informally for the past four years for the complainant. We meet regularly, speak often on the telephone and share documents – and confirmation that I am strongly committed to doing everything in my power to see that she secures justice.

– It was asserted on her behalf that officers at managerial rank who cannot maintain self-control should not have public facing roles.
– It was also pointed out that, like me, the complainant is astounded at the lack of knowledge of due process that DCI Fincham appears to exhibit at almost every contact. That is much more concerning to both of us than inappropriate behaviour on the telephone.
– Finally, it was drawn to the attention of those present at the meeting that the rape victim will not be complaining to the force formally about DCI Fincham’s conduct because again, like me, she feels there is absolutely no point. He is, seemingly, protected by the Command Team and is likely to remain so. Also, like me, she has also much more important issues to address with NYP.
From the response given in this short excerpt from the podcast it is clear that Deputy Chief Constable Timothy Madgwick had read the email. He claims, as you will hear, that DCI Fincham is not protected by senior officers:
What has happened since that Board meeting ended has played out rather differently to what the rape victim, myself and now, it seems, the wider public on social media might have expected.
The day after the Board meeting I contacted the Police Commissioner’s office by email and this was the final paragraph of that message:
In the meantime, we will await the formal response to yesterday’s public question. If DCC Madgwick requires witness accounts from other members of the public with whom DCI Fincham has interacted, please do let me know. That may give enquiries into the matter a much more solid evidential base. 
An answer was provided swifly by the Commissioner’s office, but it was unexpected to say the least: I don’t think there is an intention for a further response to be sent to you.  The matter was raised and responded to (in the meeting).
Further exchanges have taken place with NYPCC, conducted in the familiar cordial manner, to the effect that if DCC Madgwick is not minded to investigate or respond to either myself, or the rape victim, then a more detailed complaint will be submitted via the Independent Police Complaints Commission. Supported by at least four witness accounts previously referred to.
Which, on any independent view, would place a further burden on the police complaints system which is already overloaded and beset by lengthy delays. So, why doesn’t DCC Madgwick, who ran the force’s professional standards unit in 2003 to 2004, just answer the question, ‘look into it‘ as he says on the video clip and tell those affected by Fincham’s behaviour, and the wider public, exactly what he has found and if he has disciplined the errant officer? Is that really so difficult to do?
Well, it seems the reluctance of Mr Madgwick to investigate the matter, and censure DCI Fincham, might be found in a senational development two days beyond the Scrutiny Board meeting. In a letter to Tim Thorne, the owner of the North Yorks Enquirer internet news magazine it turns out that – wait for it – DCI Fincham is to ‘investigate’ DCC Madgwick over a complaint made about him by Mr Thorne in June, 2016.
You couldn’t make it up, except this is the Alice Through The Looking Glass world of North Yorkshire Police where everything is ‘amazing’, ‘fantastic’ or ‘great’ and no-one in #TeamNYP (another Twitter hashtag) can possibly be the subject of criticism, let alone found out over wrongdoing.
BBC Inside Out corruption busters pic
Mr Thorne’s complaint concerned false evidence that DCC Madgwick had made in a witness statement in the well-chronicled Operation Hyson investigation, wherein it was claimed that ‘Tim Thorne’ was an alias used by Luxembourg-based chartered accountant, Tim Hicks. Madgwick had failed to correct the false assertion when first challenged by rebuttal evidence in October, 2015 and more publicly by me on Twitter in May, 2016 (see above picture).
Given that the complaint is now approaching three months old and is already non-compliant in a number of areas (failure to provide updates, wrong correspondence address used, wrong type of investigation ordered, officer of insufficient rank or hierarchal independence appointed to deal with the complaint) DCC Madgwick is hardly rushing to correct the mistake and front up with a public apology.
_65102059_65101757
DCC Madgwick (pictured above) is also the subject of another police complaint concerning a further alleged falsehood in that same witness statement. That issue is presently in the hands of the IPCC, by way of an appeal against a decision not to record the complaint by – you may have guessed it – DCI Fincham. A third complaint against Madgwick also rests with the IPCC over allegations connected with alleged attempts to criminalise me by way of contempt in the Hyson court proceedings. Fincham also refused to record this complaint.
This is another classic case of the police, and a compliant Police and Crime Commissioner, managing to make any complaint situation, however straightforward, into a publicity disaster.  The story will run and run for some time yet. Particularly, as Fincham, just three days after the Scrutiny Board meeting, flew off the handle yet again and put the phone down on a vulnerable and intimidated female for a third time. He lost his temper, yet again, when he was asked politely to behave properly and, particularly, as the complainant made Fincham aware of her having viewed the podcast. This was the tipping point, it seems, for PSD’s errant ‘golden boy’.
Both the North Yorkshire Police press office and the Police Commissioner’s office have been approached for comment but have yet to respond. These are the questions put to both:
1. The appropriateness of officers each investigating the other, over public complaints, at one and the same time.
2. The persistent and flagrant disposal of complaint issues by NYP/NYPCC outside the appropriate legislative framework.
3. The suitability of police officers at managerial rank, who exhibit repeated failures of self-control, to hold public facing roles.
The silence is, so far, deafening. As it is from DCC Madgwick, who has so far refused to respond to these matters put to him via Twitter:
Screen Shot 2016-08-28 at 08.37.27
Four days after this article was re-published on the North Yorks Enquirer news website, a member of the public came forward to give his own views on the PSD officer at the centre of this storm. Nigel Rush from Tadcaster, in a letter to the editor of the NYE, describes detective, Steve Fincham, variously as “aggressive, “boastful” and “frightening”. Mr Rush’s phone call with Fincham also ended with the phone being slammed down on him. He is, however, at pains to point out that interaction with other NYP officers was of a much more pleasant and professional tenor. I have heard another family group of complainants against NYP – all highly respectable people – use almost identical words when describing Fincham. Except that they have met him, as opposed to speaking on the telephone. Another complainant, whose lawyers are presently prosecuting a civil claim against North Yorkshire Police on his behalf, says: “I found him (Fincham) totally untrustworthy and full of artifice. He turned my complaint against an officer who had assaulted me on its head”.
On the very same day, well known governance campaigner, Gwen Swinburn, who mainly – and successfully – holds City of York Council to account, stepped into the ‘NYP let’s investigate each other’ debate on Twitter. Gwen asked Julia Mulligan if she could intervene in what she felt was a situation that was an affront to democracy whereby police officers could investigate each other at one and and the same time.
Despite the snub to a request for comment on this article, the NYPCC twitter account jumped in on Gwen’s tweet and answered on Julia’s behalf by saying they would ‘look into’ the situation. Quite what that amounts to is unclear, given that both the creation and the escalation of this bizarre situation is all down to the Commissioner’s office.
Screen Shot 2016-08-30 at 15.53.39
The fact that the ‘look into’ promise is exactly the same as used by DCC Madgwick at the Scrutiny Board meeting might be seen by some as ominous.With exactly the same outcome?

Page last updated: Friday 2nd September, 2016 at 1445hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Between a rock and a hard place

When news first broke in January 2016 of a York man being the subject of a draconian court order concerning his sexual activity with the opposite sex, it attracted widespread publicity.

Sexual risk orders are a civil remedy and can be imposed when the respondent has not been convicted of a sexual offence. The police are required to successfully argue before a court that it is necessary for such an order to be made to protect the public.

At the time, the person who was the subject of the order was granted anonymity. He has since waived that right and freely identified himself to the media as IT consultant, John O’Neill.

O'Neill York Mags

The application for the interim order was made, nominally, by the Chief Constable of North Yorkshire following remarks made by Simon Bourne-Arton QC, who sits as Recorder of Middlesborough, after a jury acquitted Mr O’Neill in a rape re-trial at Teeside Crown Court in November, 2015. The not guilty verdict was delivered despite hearing that he harboured rape fantasies.

Once the jury had been discharged the judge the told the court that, in his informed view, the defendant was a “very dangerous individual” and that the relevant authorities should be notified. That would, of course have principally involved NYP.

As the risk order case has unfolded, at two subsequent hearings at York Magistrates Court, there seems little doubt that HHJ Bourne-Arton was correct in his assessment of Mr O’Neill.

Indeed, in more restrained terms, the district judge hearing the application for a full sexual risk order, Adrian Lower, has also been critical of Mr O’Neill: “I have found him to be a manipulative and grandstanding individual”

He added: “There is a narcissistic strain to Mr O’Neill which does trouble me as to his future behaviour with others – and what he may say and do to them.”

The magistrates court heard lurid testimony from medical professionals about Mr O’Neill’s sexual predilictions, and masochistic tendencies, that most people would find concerning at best, and deeply troubling at worst. In the light of this evidence, District Judge Lower, and in the absence of credible rebuttal, or persuasive legal argument against it, the sexual risk order will be made permanent at the next hearing.

Mr O’Neill’s principal complaint was that the order breached his human rights by way of depriving him of an opportunity to form a relationship and that it had, also, meant he was unable to find work.

Having initially harboured serious reservations on due process, liberty and human rights grounds, I am now left musing upon whether Mr O’Neill might have been better served by an order sectioning him under the Mental Health Act. Particularly, as he is homeless, jobless, seemingly friendless, and currently living in a tent in woods on the rural outskirts of York.

It is also true to say that I was publicly critical of North Yorkshire Police at the time, over what I perceived as the absurdity of some of the terms of the interim order.

Justification of that criticism came in the unlikely form of District Judge Lower as he  described the 24 hour notice Mr O’Neill must give police before having sex with a new partner as “wholly disproportionate” and “frankly unpoliceable”.

The court also heard that he was “uncomfortable” about the ban on using computer equipment saying such an order was normally reserved for people convicted of accessing indecent pictures of children.

The judge is to review the precise terms of the order and hand down his judgment at a hearing on 22nd September, 2016 at the same court.

It does also trouble me that Mr O’Neill was unrepresented at the hearing. Either by counsel, or expert medical opinion as to his mental state. It is not known if civil legal aid was refused, or even applied for, as Mr O’Neill has been ruled ineligible for Universal Credits. But, in a case with such potentially far reaching implications, it was important that justice was not only done, but seen to be done.

BBC Radio 4’s Today programme heard from well known sex offence advocate, Eleanor Laws QC, ahead of the hearing. She told listeners: “In order to lift an order like that you, firstly, have to make it very clear that you were acquitted, you have to ask the police to make it clear upon what they are basing their submissions that he is a danger, bearing in mind that he was acquitted”

“Secondly that the order is proportionate to the risk”

“And, thirdly, the order has to be capable of being policed.”

There was, in my view, a clear public interest argument in favour of the profligate Police and Crime Commissioner for North Yorkshire, Julia Mulligan, funding a constituent’s legal fees in these novel circumstances. It will be much too late to trot out ‘lessons learned’ if there is an inquest into either Mr O’Neill’s death or, heaven forbid, the death of an innocent third party.

North Yorkshire Police were represented in the sexual risk order matter by Leeds barrister, Oliver Thorne. Which caught my eye as Mr Thorne represented West Yorkshire Police at an employment tribunal in Leeds from which I reported in 2013.

It was a troubled case that involved a female police officer who had, allegedly, been raped by a male police officer – and heard before leading tribunal judge, Humphrey Forrest. The article I wrote at the time noted that Mr Thorne “appeared to struggle with the case throughout the opening day of the hearing”.  Nonetheless, the police (and Mr Thorne) succeeded in resisting the claimant who, incidentally, was also legally unrepresented.

A freedom of information request has been submitted to North Yorkshire Police to discover who is Mr Thorne’s instructing solicitor and whether, in fact, Mr Thorne was responsible for drafting the “unworkable” interim sexual risk order that is now the subject of widespread criticism (follow progress of the FoI request here).

North Yorkshire Police had previously told the BBC’s Victoria Derbyshire programme that “it was satisfied the order was proportionate”.

The terms of the final order drafted by District Judge are awaited with interest, as is the decision by Mr O’Neill whether or not to appeal the decision to the higher courts – with or without legal representation.

 

Page last updated: Monday 22nd August, 2016 at 1215hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

There are more questions than answers

So goes the 1970’s song by reggae artiste, Johnny Nash, from his iconic, chart-topping album ‘I Can See Clearly Now’. And so it is with my dealings with the slightly less famous Julia Mulligan, North Yorkshire’s Police and Crime Commissioner. Who is now recognisable to at least 10% of the populace at the rural end of God’s Own County.

For the past eighteen months, Julia has ducked my every question over the funding and conduct of a controversial civil harassment claim, brought by the police force to which she was elected to provide oversight. Indeed, her reputation as a ‘question dodger’ extends far beyond my own domain. Even the nodding placemen on the local Police and Crime Scrutiny Panel have admonished her over poor community engagement.

But, back to the matter in hand. Her reasoning was that by commenting on the court case it might prejudice proceedings. Which, actually, has little merit given that it was heard by a very experienced single judge sitting firstly in the High Court and, latterly, in the County Court in Leeds.

If ever a day comes when His Honour Judge Gosnell is influenced by anything said outside of his courtroom that is exactly the moment when the sky falls in on the entire civil justice system.

On 29th July, 2016, three days after the case concluded at a final hearing, I posted an open letter on this website which posed fifteen public interest questions about the case, the way  it had been handled, the conduct of Julia’s two most senior police officers and, of course, the funding. That letter can be read here in full. It is by no means an exhaustive list and there at least as many more yet to be posed.

On the same day, I emailed Julia’s Chief of Staff, Will Naylor, and invited a response from the Commissioner. With a promise that an appropriate reply to the questions would be published in full.

What was provided, almost exactly a week later, could scarcely be described as adequate. Or, in any way appropriate, in the present circumstances.

Indeed, the letter has been passed to my solicitors for appraisal. As to publish it may well be defamatory of well known Whitby citizen journalist, Nigel Ward. It is understood that Mr Ward has also passed the letter to his own solicitors, who will be seeking clarification over some of the remarks made by the disengaged Commissioner. Particularly, as Julia contends that Mr Ward has ‘harassed’ some of the claimants, which is not the finding of the court. She has also made what appear to be similarly misinformed comments concerning the matter of costs that have been ordered, by the court, against the claimants.

I have the overwhelming advantage over the Commissioner by not only being in court for every hearing of this case except the first (when I was ill) but also having read, with appropriate care, all the relevant court pleadings and orders.

There are also concerning references in her letter to my ‘close’ association with the three defendants in the civil claim. This is the latest in a lengthening number of attempts to smear me, by association with Grandma B campaigner and military historian, Peter Hofschröer, who was recently sentenced at Teesside Crown Court to two and a half years in prison over thousands of indecent images found on computer equipment connected to him (read York Evening Press coverage here).

The plain facts are: I have never met Mr Hofschröer; never spoken to him on the telephone; and never emailed him, as far as I can trace. The only time I have ever seen him is when he has twice given evidence, via video link from HMP Hull, whilst I have been sat on the press benches in Court 19 at Leeds Combined Court Centre.

It matters little – and I certainly didn’t scream ‘harassment’ – that Mr Hofschröer has also been abusive towards me in open forum. Simply because I wouldn’t assist in his campaign. That is not to say that the Grandma B crusade was without merit. It certainly raises many questions about the conduct of a number of NYP officers, but it was the manner in which the campaign was being handled that caused me deep concern. A view shared by everyone else I represented at the time, as police complaints advocate.

My friendship with Nigel Ward is not a secret. I respect him as a courteous and helpful man, and a relentless warrior in the battle against public sector misconduct and criminality in his local area. Interestingly, he has just registered another notable success against the notorious Scarborough Borough Council over the ‘whitewash’ of yet more corruption within that ‘Rotten Borough’, part of which entailed the victimisation of a whistleblower.

All this came to light this week in Employment Tribunal proceedings in Hull, before Judge Humphrey Forrest, in a case that saw whistleblower, Ben Marriott, succeed in his claim against the Council. North Yorkshire Police are very tightly aligned with Scarborough Borough Council and the latest corruption exposure will not have gone down well with the boys in blue who, on past experience, will be happy to look the other way.

As far as the third claimant goes, I have not spoken to, or heard from, Luxembourg-based Tim Hicks via email or phone since May, 2016 and have met him just the once, apparently surveilled by North Yorkshire Police, at the Hilton Hotel in Leeds in February, 2015. I discovered that Mr Hicks claim with NYP had reached a compromised settlement at the end of June, via my own enquiries and sources. Not from him. That is entirely his prerogative, of course, but scarcely supports the PCC’s assertion that we are ‘close’.

Turning now to the fifteen questions that were asked of Julia Mulligan in the open letter. They can be usefully grouped together so that it is easy to see just what the Police and Crime Commissioner wants to bury out of public sight:

Operation Rome

Questions 1,2,3 and 4 all concerned the ill-starred criminal investigation that sought to prosecute Messrs Hicks, Hofschröer and Ward for harassment. The whole episode has been shrouded in deceit and my questions essentially sought to identify the senior officer driving it and publication of the investigation report. If, as Julia has consistently maintained, £409,970 was spent by North Yorkshire Police then the public are entitled to see what they got for their money.

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In her letter, Julia makes no reference whatsoever to Operation Rome and does not address ANY of the questions, let alone provide the answers.

Much more background on Operation Rome can be found in earlier articles by me here and here.

Operation Hyson

Questions 5,6,7 and 8 (part) all concerned Operation Hyson. The codename given by North Yorkshire Police to the civil harassment claim. All four questions are not only ignored by Julia in her reply she doesn’t rate Operation Hyson worthy of mention. The pointed question as to how much she, herself, knew about the civil action is, of course, ducked as well. Just as she ducked the same question repeatedly throughout the proceedings.

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The public, quite rightly, expect their elected representative to not only know about key issues affecting finance and performance of the police force serving their constituency, but to report on them openly and honestly as well and where necessary challenge them.

Much more on Hyson can be read here and here.

Finance and budget

Questions 8 (part), 9, 10 and 11 all concern public funding with particular focus on the grotesque sums allocated to Julia’s Conservative Party crony, Jane Kenyon-Miller, whose evidence against Nigel Ward in both the civil claim and the failed criminal prosecution before it, left a great deal to be desired and appeared, on its face, highly vulnerable to forensic cross-examination.

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In her letter, Julia makes no reference whatsoever to the financing of the claim, except a vague threat about me not repeating that costs had been awarded against the claimants. In short, she does not address ANY of these four questions, let alone provide the answers.

Misconduct matters

Questions 12, 13, 14 and 15 all concern alleged misconduct by her most senior officers. The matters cited in the questions are well evidenced and would not have been introduced in a public forum, otherwise. Julia has, not only a duty as the elected policing representative to deal openly and effectively with these issues, but a statutory duty as well. One in which, she has performed less than satisfactorily of late, and her reply to my open letter leaves the very strong impression that she is perfectly prepared to tolerate any sort of behaviour from the senior ranks of North Yorkshire Police, provided their, and her, reputation doesn’t get damaged in the process.

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Having not answered one single question out of fifteen, Julia signs off her letter by imploring that I do not challenge her again on the subject of Operations Hyson and Rome. She doesn’t want any more well-founded journalist’s questions about her senior officers making false statements in court proceedings, scandalous frittering away of public funds, and cronyism.

This, from a Police and Crime Commissioner who freely, and persistently, proclaims that she is ‘open and transparent‘ in everything she does. Readers of this article are invited to form their own view on that. They may even be minded to hum, or sing, Johnny Nash’s ‘I Can See Clearly Now’ whilst musing on that question.

In the meantime, I will conduct further, legitimate enquiries in order to winkle out the answers that so many in North Yorkshire are keen to learn. This will include another round of freedom of information requests, involving further needless expense both to me, and to North Yorkshire Police.

It is, of course, also my prerogative (or that of anyone else) to ask public questions at successive ‘open and transparent’ North Yorkshire Police Scrutiny Board meetings over the next year or so. Or, who knows, some bright spark may ask all fifteen at once?

All because the public’s elected policing representative can’t face unpalatable truths about the way her own staff, and the police force she monitors, go about their work.

 

Page last updated: Saturday 6th August, 2016 at 1945hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.