Foreman hits back at council
Jun 22 2007
By The Journal
A highways foreman sacked for misconduct claims he is simply a convenient scapegoat after it was revealed internal investigators were banned from questioning the leader of Northumberland County Council.
Nigel Riley was accused of helping a colleague moonlight as a driveway fitter. They had used a works van while delivering sand to then council leader Bill Brooks' home.
The pair did not know Coun Brooks was their boss and the former leader has never been accused of any involvement in the "embarrassing incident."
But the council refused their own staff permission to include Coun Brooks in their 250 hours of investigation.
At a tribunal hearing in Newcastle on Thursday Mr Riley said he must have been a mug for delivering the sand and claimed to have no memory of the day.
In closing arguments Robert Gibson, for Mr Riley, said: "The council's own actions prejudiced their own investigation."
He disagreed with the council's claim that Mr Riley had misled investigators and said the internal audit team was hindered from the moment they received photographs showing the foreman and a co-worker unloading the sand.
Mr Gibson: "They received an email on September 20 2005. Within days the chief executive had spoken to Mr Brooks about that matter.
"We do not know what was said but presumably Mr Brooks was made aware of the allegations.
"The cat was out of the bag. The audit team was given a restricted brief which said nothing more and nothing less than find the lorry in the picture and find the men in the picture.
"Now, it is as clear as the nose on your face that where you should start is with Coun Brooks."
On September 28 that year investigators were denied permission to interview Coun Brooks by officers on the executive team.
Mr Gibson added: "The local authority was responsible for the delay."
Within weeks of the investigators meeting Coun Brooks in January 2006 the council had enough evidence to start disciplinary hearings against the two men.
Joe Fletcher, who was hired to do the work by Mrs Brooks, admitted moonlighting and using council property.
Mr Riley says he was never told what the investigation was focusing on and was simply helping a friend on the way home form work.
The tribunal bench is expected to return a decision after July 17.
Friday, June 22, 2007
Thursday, June 21, 2007
We told you so, the saga of Bill Brooks patio and sand
Folly is sorry but we did tell you that the whole sorry saga of Bills patio was going to rear up and bit the collective bum at County Hall!
Follys now hears that following the revelations at the tribunal and the evidence given by the internal auditor for County, that a call to PLOD is being considered instead of to the Ombudsman.
Lets pick out the reason behind this.
The original complaint that Bill Brooks was using council labour to do a ‘govvy job’, is one thing – to hinder a subsequent investigation is another.
Robert Gibson, representing Mr Riley, asked internal auditor Gary Walker: "Why did you not ascertain Mr Brooks' involvement?" Mr Walker said he had asked the director of finance on September 29 whether he should contact Coun Brooks but was told "he should not bother to do so." It was January, 2006, before Mr Walker spoke to Coun Brooks and received documents identifying Joe Fletcher as the contractor hired to build a driveway.By that time the council leader had already spoken to Northumberland County Council chief executive Mark Henderson about the matter.When asked if this delay hindered the investigation, Mr Walker replied: "It did. But I should say at this point we were trying to find out more general information."
No ‘ifs’ no ‘buts’, the actions of certain individuals hindered the investigation by an auditor.
Lamentable you might say, we might say look at the law!
Malfeasance in public office is against the law, is it not.?
Surely delaying an investigation by several months is wrong?
A public enquiry is needed to bring back a semblance of respect for the County Council. Until then a few people should be suspended, unless of course the auditor is wrong!
We await the out come with baited breath!
Follys now hears that following the revelations at the tribunal and the evidence given by the internal auditor for County, that a call to PLOD is being considered instead of to the Ombudsman.
Lets pick out the reason behind this.
The original complaint that Bill Brooks was using council labour to do a ‘govvy job’, is one thing – to hinder a subsequent investigation is another.
Robert Gibson, representing Mr Riley, asked internal auditor Gary Walker: "Why did you not ascertain Mr Brooks' involvement?" Mr Walker said he had asked the director of finance on September 29 whether he should contact Coun Brooks but was told "he should not bother to do so." It was January, 2006, before Mr Walker spoke to Coun Brooks and received documents identifying Joe Fletcher as the contractor hired to build a driveway.By that time the council leader had already spoken to Northumberland County Council chief executive Mark Henderson about the matter.When asked if this delay hindered the investigation, Mr Walker replied: "It did. But I should say at this point we were trying to find out more general information."
No ‘ifs’ no ‘buts’, the actions of certain individuals hindered the investigation by an auditor.
Lamentable you might say, we might say look at the law!
Malfeasance in public office is against the law, is it not.?
Surely delaying an investigation by several months is wrong?
A public enquiry is needed to bring back a semblance of respect for the County Council. Until then a few people should be suspended, unless of course the auditor is wrong!
We await the out come with baited breath!
Wednesday, June 20, 2007
The ex leader of the Northumberland County Council Bill Brooks delayed the investigation into work at his home , Mr Walker "It did"
Jun 20 2007
By Adrian Pearson, The Journal
A highways foreman who was dismissed for moonlighting told an employment tribunal yesterday he has no memory of the day he was caught delivering sand to a council leader's home.
Nigel Riley was sacked by Northumberland County Council in April last year after being photographed using his council lorry to deliver sand to a house in Newsham, Blyth, in 2005.
Mr Riley and co-worker Joe Fletcher did not know that the house in Chillingham Close was home to then county council leader Bill Brooks.
Coun Brooks has always denied being anything other than an innocent party in the embarrassing incident but the tribunal was told internal auditors were "hindered" in their investigation initially by orders not to interview the leader.
Coun Brooks' wife had hired Fletcher to do the work - not knowing he worked for the council and neither of the highways employees had met the councillor before.
Mr Riley, 47, of Cramlington, yesterday denied any involvement in the private construction business run by Fletcher, who was fired after admitting using council property for secondary employment.
The council, represented by Paul Cape, claim Mr Riley lied during an interview in February 2006 when asked if he had ever done any work "on the side". Mr Riley claimed he was never told of the specific allegations and assumed he was being investigated for stealing sand.
When he was handed pictures that appeared to show him shovelling sand off a lorry on June 24, he said they were too blurred for him to recognise himself.
He said: "Any delivery of sand to Coun Brooks' home on that day was without my consent. I had allowed a co-worker to use the lorry but my memory is blurred in relation to these events."
Mr Riley, who has worked for the council for more than 20 years, said that although he would drive the lorry to and from his home, he would let Fletcher use it to pick up deliveries during the day.
A receipt showed the material was picked up at 2.07pm by Fletcher when Mr Riley claimed he was working on a roundabout in Ashington. The receipt came to light after council officials allowed internal investigators to interview Coun Brooks.
Robert Gibson, representing Mr Riley, asked internal auditor Gary Walker: "Why did you not ascertain Mr Brooks' involvement?" Mr Walker said he had asked the director of finance on September 29 whether he should contact Coun Brooks but was told "he should not bother to do so." It was January, 2006, before Mr Walker spoke to Coun Brooks and received documents identifying Joe Fletcher as the contractor hired to build a driveway.
By that time the council leader had already spoken to Northumberland County Council chief executive Mark Henderson about the matter.
When asked if this delay hindered the investigation, Mr Walker replied: "It did. But I should say at this point we were trying to find out more general information."
The tribunal continues.
By Adrian Pearson, The Journal
A highways foreman who was dismissed for moonlighting told an employment tribunal yesterday he has no memory of the day he was caught delivering sand to a council leader's home.
Nigel Riley was sacked by Northumberland County Council in April last year after being photographed using his council lorry to deliver sand to a house in Newsham, Blyth, in 2005.
Mr Riley and co-worker Joe Fletcher did not know that the house in Chillingham Close was home to then county council leader Bill Brooks.
Coun Brooks has always denied being anything other than an innocent party in the embarrassing incident but the tribunal was told internal auditors were "hindered" in their investigation initially by orders not to interview the leader.
Coun Brooks' wife had hired Fletcher to do the work - not knowing he worked for the council and neither of the highways employees had met the councillor before.
Mr Riley, 47, of Cramlington, yesterday denied any involvement in the private construction business run by Fletcher, who was fired after admitting using council property for secondary employment.
The council, represented by Paul Cape, claim Mr Riley lied during an interview in February 2006 when asked if he had ever done any work "on the side". Mr Riley claimed he was never told of the specific allegations and assumed he was being investigated for stealing sand.
When he was handed pictures that appeared to show him shovelling sand off a lorry on June 24, he said they were too blurred for him to recognise himself.
He said: "Any delivery of sand to Coun Brooks' home on that day was without my consent. I had allowed a co-worker to use the lorry but my memory is blurred in relation to these events."
Mr Riley, who has worked for the council for more than 20 years, said that although he would drive the lorry to and from his home, he would let Fletcher use it to pick up deliveries during the day.
A receipt showed the material was picked up at 2.07pm by Fletcher when Mr Riley claimed he was working on a roundabout in Ashington. The receipt came to light after council officials allowed internal investigators to interview Coun Brooks.
Robert Gibson, representing Mr Riley, asked internal auditor Gary Walker: "Why did you not ascertain Mr Brooks' involvement?" Mr Walker said he had asked the director of finance on September 29 whether he should contact Coun Brooks but was told "he should not bother to do so." It was January, 2006, before Mr Walker spoke to Coun Brooks and received documents identifying Joe Fletcher as the contractor hired to build a driveway.
By that time the council leader had already spoken to Northumberland County Council chief executive Mark Henderson about the matter.
When asked if this delay hindered the investigation, Mr Walker replied: "It did. But I should say at this point we were trying to find out more general information."
The tribunal continues.
Tuesday, June 19, 2007
And they say they care about folks, and this happens ?
06/2007 15:08
Health and Safety Executive (North East)
(HSE) Northumberland County Council, Northumberland Care Trust and recycling firm fined after man loses leg
The Health and Safety Executive (HSE) has today warned all those responsible for the care of vulnerable people to ensure they are not put at risk when taking part in work-related activities or training.
The warning comes after Northumberland County Council, Northumberland Care Trust and a recycling company were all fined for their parts in an incident in 2005 which left a man with learning difficulties having his leg amputated.
The Council was fined £10,000 and ordered to pay costs of £4,000 after pleading guilty to beaching Section 2(1) of the Health and Safety at Work etc Act 1974 (HSW Act). The Care Trust were fined £10,000 and ordered to pay costs of £4,000 after pleading guilty to breaching Section 3(1) of the HSW Act and South East Northumberland Recycling Ltd (SENREC) were fined £10,000and ordered to pay costs of £4,000 after also pleading guilty to breaching Section 3(1) of the HSW Act at Bedlington Magistrates' Court.
HSE Inspector Martin Baillie said, "The injured man, Mr Simon Nelson, aged 38 at the time of the incident had learning difficulties and was a service user of the Horticultural Unit at Hepscott Park, Northumberland. The Unit was run by Northumberland County Council Social Services Directorate, and external management services, including administration of the budget, was carried out by Northumberland Care Trust. SENREC is a recycling company based at West Sleekburn, Northumberland.
"The HSE encourages sensible risk management. However, it cannot condone activities where vulnerable people are exposed to an unacceptable level of risk.
Mr Baillie explained the background to the case: "On a weekly basis a Day Centre Officer from Hepscott Park would take a transit van and collect recyclable material from around Hepscott Park and take it to SENREC, along with up to four other service users depending on the seating capacity of the van. Simon Nelson was a regular on these trips, which had been going on for a number of years.
"On 3 February 2005 while undertaking a regular trip to the SENREC plant at West Sleekburn with Melvin Robson, a Day Care Officer, Simon Nelson was struck by one or two falling recycled paper bales weighing around 800 kgs. He suffered two cracked vertebrae, damage to his right eye and later had his right leg amputated."
Health and Safety Executive (North East)
(HSE) Northumberland County Council, Northumberland Care Trust and recycling firm fined after man loses leg
The Health and Safety Executive (HSE) has today warned all those responsible for the care of vulnerable people to ensure they are not put at risk when taking part in work-related activities or training.
The warning comes after Northumberland County Council, Northumberland Care Trust and a recycling company were all fined for their parts in an incident in 2005 which left a man with learning difficulties having his leg amputated.
The Council was fined £10,000 and ordered to pay costs of £4,000 after pleading guilty to beaching Section 2(1) of the Health and Safety at Work etc Act 1974 (HSW Act). The Care Trust were fined £10,000 and ordered to pay costs of £4,000 after pleading guilty to breaching Section 3(1) of the HSW Act and South East Northumberland Recycling Ltd (SENREC) were fined £10,000and ordered to pay costs of £4,000 after also pleading guilty to breaching Section 3(1) of the HSW Act at Bedlington Magistrates' Court.
HSE Inspector Martin Baillie said, "The injured man, Mr Simon Nelson, aged 38 at the time of the incident had learning difficulties and was a service user of the Horticultural Unit at Hepscott Park, Northumberland. The Unit was run by Northumberland County Council Social Services Directorate, and external management services, including administration of the budget, was carried out by Northumberland Care Trust. SENREC is a recycling company based at West Sleekburn, Northumberland.
"The HSE encourages sensible risk management. However, it cannot condone activities where vulnerable people are exposed to an unacceptable level of risk.
Mr Baillie explained the background to the case: "On a weekly basis a Day Centre Officer from Hepscott Park would take a transit van and collect recyclable material from around Hepscott Park and take it to SENREC, along with up to four other service users depending on the seating capacity of the van. Simon Nelson was a regular on these trips, which had been going on for a number of years.
"On 3 February 2005 while undertaking a regular trip to the SENREC plant at West Sleekburn with Melvin Robson, a Day Care Officer, Simon Nelson was struck by one or two falling recycled paper bales weighing around 800 kgs. He suffered two cracked vertebrae, damage to his right eye and later had his right leg amputated."
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