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

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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

Crime

Crown Court backlog at a record high, Victims’ Commissioner warns

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THE VICTIMS’ Commissioner for England and Wales, Baroness Newlove, has voiced profound concern over the escalating backlog of cases in the Crown Court, which has surged to a record 67,573 outstanding cases. This latest figure not only signifies a 1% increase from the previous quarter but also marks a staggering 65% rise from pre-pandemic levels and a near double increase since June 2019.

Baroness Newlove, reflecting on the dire statistics, emphasized the intolerable delays victims are facing, often stretching to years, before their cases are heard in court. With 27% of all outstanding cases now pending for over a year, the situation has reached a critical point, resulting in unprecedented strain on victims and the frontline services supporting them.

The duration from the receipt to the completion of cases at the Crown Court remains significantly above pre-pandemic figures, showcasing an 82% increase from the end of March 2020 and an 84% rise from the end of June 2019. Specifically troubling is the average completion time for rape cases, which now stands at 393 days, surpassing all previous records and highlighting a 52% increase from before the pandemic.

The Victims’ Commissioner pointed out the growing burden on victim services and the potential for increasing numbers of victims to withdraw from the process due to prolonged wait times. The statistics reveal a 14% victim withdrawal rate post-charge in the latest quarter, coupled with 26% of cases being adjourned on the day of trial, further exacerbating the challenges faced by those seeking justice.

Baroness Newlove criticized the apparent systemic issues within the judicial process, noting that despite a 4% decrease in new case volumes, the backlog continues to rise, with completed cases also experiencing a decline. This situation underscores the critical need for systemic reforms to address the inefficiencies plaguing the court system, ensuring that victims do not continue to suffer from prolonged delays in obtaining justice.

As the Crown Court backlog hits another record high, the call for urgent action to alleviate the pressure on victims and the judicial system has never been more pressing, with justice delayed increasingly equating to justice denied.

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Entertainment

Easter Extravaganza: ‘Into The Woods’ takes the stage in Pembs

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THE FISHGUARD and District Drama Society (FADDS) is set to dazzle audiences with its latest production, “Into The Woods”. Theatre enthusiasts across Pembrokeshire are in for a treat as the show embarks on a captivating three-day run at Theatre Gwaun starting Thursday, April 4th.

The production, which premieres at 7:00pm on Thursday, promises an exciting journey through a modern twist on beloved fairy tales, with additional performances scheduled for the following dates and times:

  • Thursday, April 4th at 7:00pm
  • Friday, April 5th at 7:00pm
  • Saturday, April 6th at 2:00pm and again at 7:00pm

Tickets are swiftly selling out, urging potential spectators to secure their seats promptly by booking through Theatre Gwaun’s official website.

For over three decades, FADDS has been a cornerstone of the local theatre scene, bringing a plethora of productions to life at Theatre Gwaun. Their adaptation of Stephen Sondheim’s “Into The Woods” marks yet another milestone, enriching Pembrokeshire’s cultural tapestry. Since its Broadway debut in 1987 and subsequent West End premiere in 1990, “Into The Woods” has been a fixture in the theatre community, even inspiring a Walt Disney film adaptation in 2014.

The story weaves a tapestry of fairy tale quests, exploring the intertwined fates of beloved characters as they venture into the woods, each harboring their own desires and secrets. Questions abound: What binds a cow as white as milk to hair as yellow as corn? Can Cinderella attend the King’s Festival? Will Rapunzel escape her tower? And who is the mysterious figure obsessed with greens?

FADDS promises a show brimming with intrigue, laughter, and the timeless music of Sondheim, delivering a “fast-paced, super fun” interpretation of these classic tales. This amateur production, orchestrated in collaboration with Music Theatre International (MTI), guarantees a magical night out for families and theatre aficionados alike, blending nostalgia with the thrill of live performance.

Don’t miss the opportunity to experience this vibrant take on “Into The Woods” – a theatrical journey where fairy tales and reality collide, revealing the heart and humour of these age-old stories.

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Education

Second Pembrokeshire Chess Tournament celebrates youth and skill

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THE SECOND Pembrokeshire Chess Tournament drew participants from 21 schools across the region, culminating in a day of intense competition and camaraderie.

The tournament, reported by Vicky Brown, saw young chess enthusiasts gather for a day marked by strategic gameplay and exceptional talent. Henry Burton from Redhill emerged victorious, claiming the top spot in a closely contested field. The duo of Steffan Hughes and Huw Holliday, also from Redhill, followed closely in second place, while Osian Griffiths (Ysgol Caer Elen), Bryn Williams (Milford Haven Community School), and Iolo Hughes (Redhill) shared the third place, showcasing the depth of talent present among the participants.

In recognition of outstanding sportsmanship, Carys Callan from Redhill was honoured with the ‘David Pinch Award’, embodying the spirit of fair play and respect that marked the tournament. A special mention was given to Tyler Davison-Hall from Johnston CP School for participating in the Game of the Tournament, further highlighting the event’s competitive yet friendly atmosphere.

The tournament benefitted significantly from the expertise of Ian Eustis from the Welsh Chess Union, who served as Arbiter, ensuring the smooth running of the games. The event was also supported by Martin Jones and Scott Hammett, who took on the roles of stewards, and the Friends of Redhill (FOR), who managed the refreshments, contributing to the day’s success.

The local chess community, including participants and spectators, expressed their appreciation for the organisational efforts that made the event possible. For those interested in furthering their chess skills, the Pembrokeshire Chess Club extends an invitation to meet on Tuesday evenings in Steynton. Martin Jones, contactable at 07884384131, is available for further details regarding membership and participation.

Looking ahead, Redhill is poised to host its next chess tournament on Saturday, 8th June, promising another opportunity for young chess players to demonstrate their skills and passion for the game. The success of this event not only highlights the thriving chess scene in Pembrokeshire but also sets the stage for future tournaments that continue to inspire and engage the youth in the noble game of chess.

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