News

Is the Council’s Head of Legal Services seeking a large pay-off?

Published

3 years ago

November 7, 2021

AN EXTRAORDINARY meeting of Pembrokeshire County Council will take place on Monday, November 8. The only agenda item is described as “Settlement Agreement”. The question is: whose?

WHO WANTS TO SETTLE?

East Williamston councillor Jacob Williams revealed the agenda item doesn’t relate to former CEO Ian Westley.
Only senior officers’ payoffs come before the Full Council for discussion.
Bearing in mind the recent formation of a disciplinary panel to deal with senior staff and the expected explosion of activity when the Audit Wales report into Mr Westley’s departure lands, it isn’t unreasonable to state that the proposed settlement agreement must deal with a person who might be subject to the new disciplinary procedure.
That disciplinary procedure encompasses senior statutory officers (posts the Council must have by law).
The statutory officers are the Chief Executive, the Monitoring Officer, the Head of Legal Services, the Chief Financial Officer (usually called the “s151 officer”).
We can discount the Chief Executive (Will Bramble, who has only just taken up his post) and the Monitoring Officer (Claire Jones fell on her sword as soon as she saw the extract of the draft Audit Wales report dealing with her role in Mr Westley’s departure).

A PROCESS OF ELIMINATION

That leaves two officers.
Jon Haswell, the Council’s Finance Director, and Claire Incledon, the Head of Legal Services.
Ms Incledon has been on long-term sick leave since the extract of the draft Audit Wales report landed on her doormat.
Mr Haswell has, however, been ever-present in Council decision making.
It does not take much of a Poirot to work out which of the two officers is more likely to seek a settlement agreement at this time.
Making the educated guess that Ms Incledon is prepared to seek terms and has signalled which terms she wants leaves the Council with interlocking problems impossible to resolve without a cost to the Council taxpayer.
Whichever route the Council chooses, regardless of the senior officer’s identity, presents difficulties.

A LAWYER’S VIEW

We asked a vastly experienced in-house lawyer with particular expertise in public sector employment for their view.
They took it as read that no councillor would discuss the matter in public and described those who would do so in sulphurous terms.
They told us it was a question of how the Council looked at risk and minimising its financial exposure.
In the worst-case scenario, the Council decides not to settle with the officer on any terms and proceeds to a disciplinary procedure involving an independent external investigator (almost certainly a senior lawyer).
The officer subject to the process remains on the Council payroll while the disciplinary procedure takes place. In addition, the Council will have to bear the costs of the procedure both in terms of professional fees incurred to advise the disciplinary panel and the investigating officer.
That sum alone could easily exceed £50,000, and our lawyer said he would not be surprised at a far higher bill.
Suppose the investigating officer finds misconduct short of that justifying dismissal. In that case, the Council is back to square one with an employee that wants away. In short, the Council still faces making a payoff.
It gets worse.
Suppose an investigating officer reaches conclusions that suggest dismissal is the only appropriate remedy. In that case, it is still open to the employee to challenge their conclusions and take their chances at an employment tribunal.
In that instance, there would be massive additional costs and additional litigation risk.
We are at least six months away from that point.
And, as of today, we do not even have the Audit Wales report upon which so much will hinge.

*Ms Incledon has been on long-term sick leave since the extract of the draft Audit Wales report landed on her doormat.*

THE AUDIT WALES REPORT

We can only guess at the content of the Audit Wales report regarding individual officers’ conduct during the negotiations surrounding Mr Westley’s departure.
Forget the why; the question before Audit Wales relates only to the process behind the payoff and not its motivations or causes.
We already know several things.
The payment made to Mr Westley was unlawful.
We also know the Leader must have taken legal advice on the content and procedure concerning the former CEO’s departure terms.
We know that advice came from the Council’s officers, particularly the Monitoring Officer and Head of Legal.
We can conclude if the agreement was entered into unlawfully, the advice given about it was in some way defective.
Even Jamie Adams and the Senior Officers’ Fan Club in the IPG must know it beggars belief that either David Simpson or Jonathan Haswell would have signed off on an agreement knowing it was unlawful.
There is also one tactical consideration.
Once the Audit Wales report comes out, whenever that will be, the officer’s hand is likely to be significantly weakened by any criticisms of them contained within it. Once they have the report, its content could considerably harden councillors’ hearts.

POLITICAL CONSIDERATIONS

It is likely, if not certain, the absence of the Audit Wales report will persuade a majority of councillors to hold fire on any negotiations.
It will suit some councillors (especially Jamie Adams) to spin out events as long as possible, leaving matters probably unresolved until after May’s election. At which point, someone as cynical as Cllr Adams knows were he returned as Leader, he’d probably sign a settlement agreement as soon as possible.
Equally, more bullish councillors might want to resist any settlement on the principle that a disciplinary procedure should run its course, regardless of the risks and costs attached.
Yet others might want to keep rocking the boat for their political ends and to keep their name before the public ahead of the next May’s Council elections.
What is certain is that nobody wants to pay off another officer.
It’s equally certain not every officer is prepared to hand in their notice when they’re found to have made an expensive mistake.

This article was originally published in The Pembrokeshire Herald print edition on Friday, November 5, 2021

Health

Protect yourself with a flu and/or COVID-19 vaccine as drop-in sessions start

Published

3 hours ago

December 16, 2024

Tom Sinclair

WITH flu circulating in the community, Hywel Dda University Health Board (UHB) is encouraging everyone who is eligible to drop-in for their flu and COVID-19 vaccines to help protect themselves this winter.

Flu and COVID-19 viruses can cause serious illness, especially in younger children, clinically vulnerable individuals and older adults that sometimes require hospitalisation.

Vaccination centres will be open, no appointment needed on the 23^rd, 24^th and 27^th December for all people eligible for flu and COVID-19 vaccination. This includes children aged 2 (on 31 August 2024) to those in year 11 who can access the nasal flu vaccine at the centres.

Drop in any time between 09.15am and 5.30 pm to your nearest vaccination centre:

Aberaeron (Aberaeron Integrated Care Centre, Vicarage Hill, Aberaeron SA46 0DY)
Llanelli (Unit 2a, Dafen Industrial Estate, Heol Cropin, SA14 8QW)
Neyland (Unit 1 Honeyborough Retail Park, SA73 1SE)

The following groups are eligible for vaccination:

Flu vaccination

Children aged two and three years on 31 August 2024
Children in primary school from reception class to year 6 (inclusive)
Children in secondary school from year 7 to year 11 (inclusive)
People aged six months to 64 years in clinical risk groups
People aged 65 years and older (age on 31 March 2024)
Pregnant women
Carers aged 16 and over
People aged 6 months to 65 years who live with someone who has a weakened immune system
People with a learning disability
Frontline health and social care workers
All staff working in care homes with regular client contact
Poultry workers at high risk

COVID-19 vaccination

People aged 6 months to 64 years with a long-term health condition (which includes pregnant women and people with a weakened immune system)
Residents in a care home for older adults
People aged 65 years and older (age on 31 March 2025)
Unpaid carers
Frontline health and social care workers
Staff working in care homes for older adults

If you have any questions about accessing the flu and/or COVID-19 vaccine, please phone the health board on 0300 303 8322 option 1 or email [email protected].

If you are unsure if you are eligible for the flu and/or COVID-19 vaccine, contact the health board on the details above.

Crime

Plain clothed police to act as ‘disruption teams’ during nights out

Published

3 hours ago

December 16, 2024

Tom Sinclair

UNIFORMED and plain clothed police officers will act as disruption teams to prevent sexual offences and violence against women from taking place during nights out in the lead-up to Christmas.

A pilot project being carried out by Dyfed-Powys Police will see plain clothed officers with specialist training acting as spotters during busy evenings, identifying people who appear to present a risk to others by displaying sexually predatory behaviour. These concerns will be reported to police in uniform, who will step in to disrupt potentially criminal behaviour before it happens.

The scheme is called Project Vigilant and is being trialled over three weekends in December with the aim of rolling it out across the force area in the new year. Ahead of the launch, 12 proactive policing team officers will receive specialist behavioural observation training from colleagues at Thames Valley Police to upskill them in risk management and to encourage proactivity in spotting predatory behaviour.

Chief Inspector Dominic Jones said: “This is an exciting new project for Dyfed-Powys Police, and one we’re looking forward to getting off the ground. We’re confident Project Vigilant will have a great impact in helping to reassure and protect women during the nighttime economy.

“Women should feel safe on a night out and should not feel the need to change their behaviour to stay so. By looking out for potential predators, we will ultimately be changing the behaviours of those who could cause harm, and making our communities safer for all.

“While Project Vigilant has the specific aim of helping to reassure and protect women during the nighttime economy, we anticipate it will have an overall result of deterring all types of criminality.

“There’s evidence to show that in cases where forces have deployed a greater number of uniformed officers to hotspot areas, perpetrators dispersed to other locations. The key here is in using plain clothed officers to spot the concerning behaviour and identify individuals to their colleagues who can step in.

“This is one of many examples of preventative policing being used by Dyfed-Powys Police to help identify potential criminal activity and intervene before offending occurs.”

Under Project Vigilant, officers will be deployed to patrol areas that are particularly busy during the evening and nighttime to be on the lookout for potential predatory behaviour towards women. Anyone who is flagged as a potential risk will be approached by uniformed police who will assess the situation and take appropriate action if needed.

Their deployment will be based on intelligence to make sure officers are in the right place at the right time.

The Office of the Police and Crime Commissioner has funded the pilot under the Serious Violence Duty. PCC Dafydd Llywelyn said: “As Police and Crime Commissioner, I’m committed to ensuring the safety of women in our communities, particularly during busy night-time periods.

“Project Vigilant is an important step toward proactive and preventative policing, aiming to identify and disrupt predatory behaviour before any harm can occur.

“This initiative not only helps protect individuals but also reinforces our commitment to creating safer public spaces across Dyfed-Powys.

“I’m proud to support this pilot and look forward to its impact on our communities.”

Business

Wales’ biggest Specsavers store opens in Haverfordwest

Published

4 hours ago

December 16, 2024

Tom Sinclair

SPECSAVERS HAVERFORDWEST has relocated to a larger, state-of-the-art premises in the Riverside Shopping Centre, becoming the largest Specsavers store in Wales following a £1.2 million investment by local partners.

The grand opening of the new landmark store took place on Monday 16 December, with customers and local dignitaries, including several mayors, in attendance.

On arrival, guests were welcomed with performances from the Haverfordwest Male Voice Choir and local musician and dispensing technician, Kyle Kirkhouse, followed by a ribbon cutting by one of the store’s long-standing customers, Madaline Roberts, who runs the Milford Haven branch of the Macular Society.

William McNamara, owner of Bluestone National Park Resort and patient of Specsavers Haverfordwest was also in attendance.

To encourage guests to explore the new store and learn fun facts about optometry and audiology, staff organised an interactive treasure hunt.

‘After years of planning and preparation, we are delighted to officially open our brand-new store,’ says Wayne Jones, retail director. ‘We are confident that this investment will bring lasting benefits to the local community for years to come.’

***Bosses Andy Britton and Wayne Jones survey the plans during the construction of the new store***

He adds, ‘A heartfelt thank you to everyone who supported our relaunch event. It was incredible to see so many customers, both familiar faces and new ones, celebrating with us. I also want to extend my deepest gratitude to our incredible team, whose hard work and dedication made this all possible. Without their commitment, none of this would have materialised.’

The new premises at 21 Riverside Quay offers cutting-edge facilities and enhanced services to meet growing community needs with 14 test rooms, including two dedicated audiology suites.

As the largest Specsavers practice in Wales and one of the largest in the UK, the store is equipped with advanced diagnostic technology to deliver exceptional care. These services will also help alleviate pressure on local NHS resources, providing convenience and vital support to residents who previously had to travel significant distances for specialised treatment.

Narbeth local, Sandra Tarrant, previously needed private consultations in Swansea, but she was referred to ophthalmic director, Andy Britton by her consultant earlier this year, who recognised his expertise and the store’s advanced diagnostic equipment.

Mrs Tarrant explains: ‘The staff at Specsavers Haverfordwest are highly trained and genuinely care about your eye health. I no longer face long journeys for tests, and the team’s professionalism gives me complete confidence in their care. You feel like you’re in good hands, with staff who take you seriously and don’t pass you around.’

Partners Andy Britton and Wayne Jones are also passionate about shaping the future of optometry. The new store will provide hands-on training opportunities for optometrists pursuing advanced qualifications such as Glaucoma and Independent Prescribing certificates, ensuring they gain essential clinical experience in a world-class facility.

The new Specsavers Haverfordwest store will be open seven days a week, offering flexible appointment times to cater to the community’s needs. To book an appointment or learn more about the services available, visit www.specsavers.co.uk/stores/haverfordwest.