STC and the Local Government Ombudsman

From: Michael Dawson (Hotmail)
Date: 05/01/2021 (08:31:16 GMT)
To: Emma Lewell-Buck MP
Cc: Nicola Robason, John Rumney, Alison Hoy, Mick Dawson(THV)
1 Attachment: Emails0801-2602-2020.zip

Dear Emma,

The zipped files are for reference; to back up what I have said.
Nicola, the current Monitoring Officer and John Rumney, the acting Head of Legal Services have been copied in so that they may be appraised of the current situation and I have sent a copy to Alison Hoy of Customer Advocacy (CA) so that she can pass it to Mr Swales successor when he or she arrives.
It appears that the staff who were happy to give misinformation the Local Government Ombudsman (LGO) were also the source of the false allegation being made against the good people of South Shields and it has been going on for a long time:

The matters and allegations raised by your constituent are well documented and have been subject to a number of enquiries from Mr Dawson and other local residents over a lengthy period of time. The matter was ultimately referred by way of complaint to the Local Government Ombudsman, the outcome of which was delivered on 14 April 2015.

Corporate Lead, Mrs H Johnson, 25-Jun-15

Continue reading STC and the Local Government Ombudsman

South Tyneside Council and the Local Government Ombudsman

30th November 2020

Dear All,
procedures one needs examples and I have chosen the two that I have been dealing with over the last seven years.
For each case to which I refer and use as evidence, the original and some approved plans are available. Copies of them can be found on the public website ‘theharbourview.co.uk’ and to save on numerous attachments they can be viewed by searching on the drawing reference number.
There is another case in the borough where building control and planning enforcement appear to have gone with the wind and that is where a developer built a block of flats with an extra floor. This
will always be open to speculation until a copy of the original plan turn up. They are believed to show approval for a three stories and has 4.
In the two examples to which I refer, the approved plans still existed when the complaints first arose, and it was shown quite clearly that both developments were not built to the approved plan. It appears from both, that the Council first corrupted their own complaints procedure then misused the services of the Local Government Ombudsman (Ombudsman), to hide the lack of building control.
Continue reading South Tyneside Council and the Local Government Ombudsman

STC Covering Tracks: Jan-May 2014

Overwriting of Complaint 10-Jan-14 with 248789.
10/01/14 To: MD – Slipway Development – Work Continues
As the applicant has not discharged condition 2 why is there no retrospective planning application?
13/01/14 To: MD – Slipway Development – Work Continues
My understanding is that the responses that I had provided to you at this meeting enabled the matter to be closed.
The meeting 25-Nov-13 was not minuted so the Case Office was able to lie about the shed being approved.
14/01/14 See Email to Planning
15/01/14 Unauthorised drawing from the Council’s archives introduced to make a false claim – that the height of the shed had been approved when it had not.
Escalation from Stage 1 to Stage 2  and overwriting of 248789 with 253539 to hide it
03/02/14 To: G Atkinson – Slipway Development, River Drive
The north elevation height is therefore 15.5m and subsequently the south elevation 12.5m. (measured height is 15.5m)
13/02/14 To MD – Slipway Development, River Drive
The current structure is not built to approved plans.
04/03/14 To: G Atkinson – Slipway Development, River Drive
The immediate response from residents was to request the slipway construction be removed.
04/03/14 To: MD – Slipway Development, River Drive
The immediate response from residents was to request the slipway construction be removed.
20/03/14 To: G Atkinson – Slipway Development, River Drive
Why has the council not used its powers of enforcement to stop the work?,
21/03/14 To: G Atkinson – Slipway Development, River Drive
Now I have this the Council will be able to provide a response.
03/04/14 Petition about the Slipway Development on River Drive
300 Signatures.
04/04/14 To: G Mansbridge – Slipway Shed, River Drive
Request to explain their action or rather lack of it over the slipway shed.
25/04/14 Case  248789 passed up to G Mansbridge, the head of Development Service.
Head of Development Services, Mr G Mansbridge to give Response.
02/05/14 Response to Petition & Complaints
Repeats misinformation given by Planning Manager on 15-Jan-14
09/05/14 To: G Mansbridge – Slipway Development, River Drive
There is no supporting documentation which says that the approved height is 15.5m at the River Drive end.
12/05/14 To: MD – Slipway Development, River Drive
Overwrites 2489789 with 253539 i.e. content of the former deleted.
Sreen Print of 253539
The way is now set for a Senior Planning Office to give fraudulent misinformation to the Local Government Ombudsman
2/06/14 Psudo Stage 2 – Misrepresentation of drawings 15-Jan-14 repeated
25/09/14 Psudo Stage 3 – height not mensioned.

A Criticism of Corporate Lead

Critique – November 2020

Mr Dawson
Date: 1 August 2016                      Our Ref: CX/253539
Greens Place                             Your Ref: 2248789
South Shields
Tyne and Wear NE33 2AQ

Dear Mr Dawson

Thank you for your letter to Martin Swales, Chief Executive dated 8 July 2016, requesting matters related to your previous complaint to be raised as a new complaint, I manage the process and staff that support customer complaints and compliments. Your letter has therefore been forwarded to me to consider and respond.

Mrs Johnson has changed the reference 248789 to 253539. The latter was raised by the Head of Development Services to overwrite the original complaint of 10-Jan-14 again. I say again because the Planning Manager had already overwritten the original, after the Principal Planning Officer, Mr Cunningham, referred me back to the Tyne Gateway Assn instead of passing it and the responsibility for it to the Enforcement Section.

Having considered the contents of your letter and the final decision by the Local Government Ombudsman, I am now in a position to respond.

My letter was about the Council giving misinformation/misrepresentation to the Ombudsman and to reinforce that point I said: “I ask you to look again at this because there is a clear contradiction between what the Council were telling the LGO and what is known. Why your staff should misrepresent the facts to the LGO is for you to determine. That they have misinformed the LGO should be admitted and corrected and that is what this letter is about.”

There is no evidence to suggest that there has been deliberate misinformation provided by Council officers to the Local Government Ombudsman,
Continue reading A Criticism of Corporate Lead

Who was Keith Palmer?

From: Michael Dawson
Date: 23/10/2020 (11:58:37 GMT)
To: Emma Lewell-Buck
Cc: Angela Hamilton

3 Attachments:
8DLL.pdf (108 KB)
Dissection of Response 14-Jan-20.pdf (58 KB)
Threat Exposed 3-Mar-20.pdf (120 KB)

Dear Emma,

On January 8th I received an email from Simon Buck:

Good morning Mr Dawson,
I wonder if it is possible to have your telephone number, I will then pass this on to my colleague Keith Palmer who will call you later today.
Kind regards.

Simon Buck
Office Manager for the
Office of Emma Lewell-Buck MP.

After a bit of thought I responded, 9th Jan, gave him my home phone number and said:

Dear Simon,
Sorry, I do not look in my mail every day and it may be better to use my personal email box daw50nmdj@hotmail.co.uk unless Keith wants to talk about corruption at the Town Hall, UK Docks etc.

Lunchtime, Monday 13th I noticed I had missed a call from your office on Westoe Road and was happy to return it but realised immediately that that Mr Palmer was only interested in closing down all dialogues concerning UK Dock and corruption.
He had therefore got my home number under false pretences and as you can see, and I thought I would put you in the picture that evening:

Dear Emma,
I answered a call today from a Mr Keith Palmer on 01914271240 and we spoke about UK Docks. Judging from the email address he gave me, I guess he must be your office manager in South Shields and from our conversation I gathered he did not wish to consider any further correspondence from me and suggested that because I now lived away you/he would not be able to deal with correspondence because of parliamentary rules. You and I both know this to be nonsense as the shed is on your patch.
He hinted at, expensive litigation, vexatious complaints and presenting new evidence to the LGO which shows he has been warned off helping me by an official at the Town Hall which in turn goes back to the attempt by the CLP to deselect you.
What I really needed from you was your support and Mr Palmer has indicated by our exchange over the phone that he is not prepared to give it. At the end of the day the Council are misusing the Ombudsman’s Office to hide malpractice then use their findings to deflect any enquirers after the truth.
I understood from Mr Palmer that this was no longer a matter for Parliament but I think it is. Only Parliament can make it a criminal offence to lie to the Ombudsman. I have attached a copy of the letter from my Solicitor for Mr Palmer’s perusal and he would do well to read the email to Customer Advocacy 03 September 2016 at the foot of the trail below. Incidentally it was passed back to Mrs Johnson and was not dealt with by Customer Advocacy. If it still exists it is lying unattended on a file.
In future, shall I just copy Mr Palmer any correspondence about UK Docks so he can place it in the file for reference?
Kind regards
Michael

It looks as if though this email was deleted without you ever seeing it as Mr Buck responded to the one below.
Logic does not appear be Mr Palmer’s strongest suit. I write to you twice and get a response from Mr Buck referring to a phone call – see attached dissection. What gave the pair of them away was that I had copied my email to Mr Palmer not to Mr Buck and yet it was Mr Buck who replied.
I have reattached the letter from Mr Tilbury and I suggest that you ask Mr Buck to read it. I have also attached a criticism of his empty threat of the 26th Feb and until I get apology from him, I will not let the matter rest. Mr Palmer is careful not to put anything in writing so I would not expect one from him.
I know you have more pressing business in Parliament, and it is a shame that you and your fellow MP’s (Bradford West and another, I did not catch the name of her seat) pleas for free meals fell on deaf ears but there is another issue which should be addressed and I will write separately about that.
For the near future, I will just keep you and Angela informed by putting you in the Bccs along with the other protestors like Julie, Melanie and Paul. At the end of the day Council’s like South Shields will continue to abuse the office of the Local Government Ombudsman until something is done about it and it looks like we will have to wait for Parliament to collapse or Dominic Cumming be deposed before there is any chance of that happening.
I notice from Nicola Robason and Stuart Reid’s letter to Cllr Malcolm that bullying is rife in South Shields Council and I suspect Mr Palmer’s actions are not unconnected. By the way who was Mr Palmer<mailto:palmerk@parliament.uk> working for?

Kind regards,
Mick Dawson

----- Forwarded message -----
Date: Tue, 14 Jan 2020 07:37:08 +0000
From:mick.dawson@theharbourview.co.uk
Subject: Fwd: Automatic reply: Complaint: 248789 - Unplanned Development on River Drive
To: Emma Lewell-Buck MP <emma.lewell-buck.mp@parliament.uk>
Cc: Keith Palmer <palmerk@parliament.uk>
Nicola Robason <Nicola.Robason@southtyneside.gov.uk>
Mike Harding <mike.harding@southtyneside.gov.uk>

Dear Emma,
I gave my phone details to you partner to pass to a Mr Keith Parmer,
he has them and I spoke to him yesterday on 0191 4271240.
Is it safe to assume he is your Office Manager in South Shields and we
should write to him on any issues we have with UK Docks?
I am Michael David James Dawson of 51 Church Street, Amble, Morpeth NE65 0DY.
The case ZA4803, please see attached, and it has been with you for
many years although it was passed to Anne Marie Trevelyan MP while I
was lodging at 5 Second Avenue, Amble. 70 Greens Place was on the market for about 4 years and I did not sell
it until 2019. I was resident back there when UK Docks extended their
shed in August 2017. I complained to you about the conduct of
Councillor Anglin at that time and you suggested that I take it up
with the Monitoring Officer, Mike Harding, and although I have not
raised that issue with him I have discovered that he does not even
acknowledge the receipt of any letters or emails let alone go any way
to resolving any of the issues raised. I discovered this when I tried
to raise a similar complaint with him at the back end of 2018.
Nicola Robeson does respond and she has confirmed that UK Docks were
not given permission for their shed retrospectively which makes one
wonder why they told you and Angela that they had.

Yours sincerely
Michael Dawson

Correspondence with the Office of Emma Lewell-Buck MP

From: mick.dawson@theharbourview.co.uk
Date: 26/03/2020 (12:03:46 GMT)
To:   Emma Lewell-Buck MP
Cc:   Cllr Angela Hamilton, Cllr David Francis

1 Attachment: MPemailsDec19Jan20.pdf (40 KB)

Dear Emma,
Two months ago I gave my home phone number in Amble to your husband in good faith to give to a Keith Palmer whom I assumed was your new Office Manager. When I returned his call he made it very clear that he was determined to suppress the truth about UK Dock’s shelter on River Drive. He said that any future emails from me to your office would be ignored, just filed away.
That was not what I expected to hear and I wrote and told you about the call in the evening of 13th of January only to discover his threat had been carried out when I got the auto-reply. This is the standard response to new enquiries by email to establish a contact address but I am not a new contact so it looks like Mr Palmer had used it to suppress communication. As you know I have been corresponding freely with your office for some time now, initially via Rebecca, and now mostly via Cllrs Hamilton and Francis.
I attached a copy of the letter from a solicitor supporting my claim that the Council had misled the Ombudsman and because the charges I made against him were fairly serious I copied Mr Palmer the email and it so he could respond if he so wished. It was to give you the main idea of what I was trying to put to Mr Palmer over the phone, that the Council were misleading the Ombudsman to cover over misdemeanours in Planning. The ward Councillors were copied in as a warning to be similarly cautious in their dealings with Mr Palmer.
I needed to establish whether it was incompetence rather than malice that my email to you had been suppressed so I wrote to you again the following morning, giving my address etc. and received another auto-reply suggesting it was not incompetence but a deliberate action.
In the second email, I had attached the Case Papers ZA4803 from 20-Oct-16 to give Mr Palmer some background to my links with your office. It shows that since we met at a Labour party meeting about three years ago I thought I had established a good working relationship with your office. No-one except Mr Parker had said or even implied that it was a vexatious one until I returned his call on January 13th.
I also took the opportunity to repeat “Nicola Robeson has confirmed that UK Docks were not given permission for their shed retrospectively which makes one wonder why they told you and Angela that they had.” Mr Palmer will have seen that even if you have not and it might be instructive to get his view on it.
I had not copied Mr Buck into either email yet it was he who responded, 14-Jan-20, defending Mr Palmer in no uncertain terms. It appears that the entrapment has hauled in Mr Buck as well as myself. What looks to have been a set up arranged by the pair of them has now backfired.
Mr Buck had neither been copied the letter from the solicitor nor the brief history of my dealings with your office yet he says that: “Mr Palmer correctly informed you that MPs have no influence over the Local Government Ombudsman, and he suggested that a possible course of action may be to complain further to the Local Government Ombudsman and suggested you take legal advice.”

• Firstly he was implying that I had suggested that you should try and influence the Ombudsman. You know quite well that I have done nothing of the sort and I understood from Mr Palmer that this was not a matter for Parliament but I think it is;
• Secondly and this is very important. It appears that he had not seen a copy of the solicitor’s letter because he is suggesting I take legal advice!

We, and I in particular, have found in our dealings with the Town Hall that they always, if they want to ignore a complaint, respond to it with a denial or a non sequitur. Likewise Mr Buck in his defence of Mr Palmer has steered the conversation away from the fact that the Council have misled or lied to the Ombudsman to the implication that you could influence them, and on top of that, there is the suggestion that I take legal advice when Mr Palmer knows that I have already done it.
Unless Mr Palmer has a better suggestion, the only way to stop Councils using the Ombudsman to cover over the wilful lack of planning enforcement or any other misdemeanours they wish to obscure, is for Parliament to act. The best way, I believe, is for Parliament to make it a criminal offence to give misinformation/misrepresentation to the Ombudsman or Councils like South Shields will continue to do it.
My phone call to Mr Palmer put me in mind of the response I got from the Council when I complained to the Chief Executive that they had misled the Ombudsman and that was another reason why attached the letter from my solicitor to the first email. The response then, was to claim that I was an unreasonable and persistent complainant, as a way of avoiding the subject of the complaint i.e. giving misinformation/misrepresentation or misleading to the Ombudsman.
Firstly, it is a lie to say that one single complaint to the Council about them deceiving the Ombudsman is persistent. Secondly, when one looks at the evidence it was not unreasonable to claim that the shed was 3m taller than planned which is verified by looking at the evidence.
Thirdly, you will see from Mr Buck’s defence of Mr Palmer that the pair of them now want to add vexatious to that libellous list. Mr Palmer would have done well to have read my email of the 20th October 2016 and the copy of the letter to the solicitor before he persuaded Mr Buck to accuse me of being vexatious.
Mr Buck says he was listening to the call, and his comment that Mr Palmer was polite, informative and accurate implies that I was none of these. Mr Palmer did not tell me that Mr Buck was listening so you will have to take my word against the pair of them that I was not polite. Secondly he may have been accurate to say that you have no influence over the Ombudsman but so what, no-one ever suggested you had any. To put his email to me, 14-Jan-20, into context please see the top of page 4 on the attached file – MPemailsDec19Jan20.pdf.
If they recorded the call you will be able to judge for yourself whether I was polite or not. Again, if there is no recording, it is my word against theirs. All I can say that if the pair of them thought I was not polite then my sudden change in behaviour can only be attributed to Mr Palmer.
I’ve made no secret of my view that your deselection and Angela’s exclusion from the Council’s Labour Group were associated and driven by Executive at the Town Hall and the nature of Mr Buck’s response on behalf of Mr Palmer has all the hallmarks of the Council’s Executive written all over it:

Your email seriously undermines Mr Palmer’s, Emma’s and the Office’s integrity and it is a very serious matter. I am very sorry that Emma is unable to help you further with this case and I consider this matter to be closed.

Mr Buck is entitled to his own views about Mr Palmer but they are not mine and you should quiz the pair of them with reference to the attached file before you decide whether it is me or Mr Palmer that is undermining the integrity of your Office.
Kind regards
Michael

To Cllr Hamilton: 23-Dec-19

Fwd: Complaint: 248789 - Unplanned Development on River Drive
From: mick.dawson@theharbourview.co.uk
Date: 23/12/2019 (11:00:46 BST)
To: Cllr Angela Hamilton
Cc: Emma Lewell-Buck, Nicola Robason, Cllr David Francis, Alison Hoy

Dear Angela and Everybody,

Seasons greetings. Please see the response from the Council’s Monitoring Officer. Please note it is seven months after I asked her predecessor the same question. Better late than never.
It confirms that the Council did not give retrospective planning permission for the slipway shed on River Drive but beggars the question why did UK Docks tell you and Emma they had been given permission for it. The answer is in the third paragraph of my email below:

We also knew that the shed had been built nearly 3m taller than permitted before the 5th frame went up but the Council said otherwise and misinformed the Ombudsman about it. The reason for this is now known: firstly to hide misconduct and the second to deflect enquiries and they had been doing that for 5 years.

Notice that Nicola has avoided the problem that has beset them since the second frame of the shed went up in September 2013 and that is the shed is 3 meters taller than planned. They even misled the Ombudsman about it.

The complainant says the shed is also 3 metres higher than it should be The Council says it is not. There is no fault in how the Council decided the shed is the permitted height.

I have added her response to the list of Evasions and Denials and there is now a link to it on the home page of theharbourview.co.uk. It looks like nearly everyone who had dealings with UK Docks becomes averse to the truth and Nicola is the latest to suffer from this contagion and one cannot expect her to break ranks with her peer group.
That is what Building Control expect and they are ultimately responsible for this farce. I’ll continue to put the evidence forward until the matter is dealt with by the Chief Executive.
It is to him, that Mr Harding ought to have referred the matter if he did not wish to respond to the matter in May 2019, not to a new appointee who can be kept in the dark. That she does not even know that the shed is 3m too tall confirms this.
Mr Swales does not respond to any correspondence about the shed and that is why I have copied Alison into the list, at least she can make him aware that he is being talked about. It is a small courtesy.

Happy Christmas and best wishes for the New Year.
Michael Dawson.

From NR: 19-Dec-19

RE: Complaint: 248789 - Unplanned Development on River Drive
From: Nicola Robason
Date: 19/12/2019 (09:56:34 AM GMT)
To:   mick.dawson@theharbourview.co.uk
Message Log: Forwarded on 23/12/2019 11:00:46 AM to: Cllr Angela Hamilton, Emma Lewell-Buck, Nicola Robason, Cllr David Francis, Alison Hoy and local residents. 

Dear Mr Dawson
Thank you for your recent emails and your letter dated 5 December 2019.

I can confirm that I am the Council’s Monitoring Officer. In that capacity, I have read and considered the information you have provided in relation to UK Docks and River Drive and specifically your request for information.

I can confirm that the Council as Local Planning Authority has not received a retrospective planning application from UK Docks. It is entirely a matter for UK Docks to decide whether or not to submit such an application and the Council has no influence in that matter.

I am also aware of the history of this development that goes back some years with the original planning application being determined and approved by the Tyne and Wear Development Corporation in their capacity as Planning Authority at that time. The Council has recognised that the development of the shed on the site is unauthorised but concluded some time ago, in accordance with the Constitution, that no enforcement action would be taken as this was not in the public interest as there would be no change in the level of perceived harm suffered. * This decision and the reasoning behind it was communicated to residents by the Council.

I understand that all complaints procedures regarding this matter have been exhausted both internally within the Council and externally.

Many thanks

Nicola
Nicola Robason
Head of Corporate & External Affairs and Monitoring Officer
South Tyneside Council

* decision made by Building Inspector, September 2013. Not corrected by Principal Planning Officer a few days later, nor by any one since.

South Tyneside Council and the Local Government Ombudsman

From: mick.dawson@theharbourview.co.uk
Date: 19/06/2019 (21:08:05 GMT)
To: Mike Harding
Cc: Andrew Tilbury, Alison Hoy, Gill Hayton (Solicitor), Cllr Angela Hamilton, Cllr David Francis, Cllr Anglin, Emma Lewell-Buck MP, Stephen Hepburn MP, Graeme Watson, George Mansbridge, Peter Cunningham, Garry Simmonette
Bcc: 24 Local Residents

Attachment: DearMH19June19.pdf

Dear Mr Harding and Everybody,

Please see attached signed letter. It should be self explanatory. I knew from complaining about 71 Greens Place that the Council were misusing their complaints procedure and using the Ombudsman as a hidden fourth stage of it to hide malpractice, bad planning decisions etc. and it was clear from the start that they were going to do the same thing with UK Docks shed.

If the Planning Officer who measured the shed had any evidence to support his view that the shed was approved we would have seen it long before we even considered resurrecting the Tyne Gateway Assn and certainly before the charade of the Town Hall meeting in November 2013.

It should of dawned on me before Alison’s email of 9-Dec-15 that they would use the Ombudsman’s findings to misinform other Residents, Councillors, MPs, Newspapers etc. but there you go, one does not expect people to lie to the Ombudsman.

Regards,
Michael Dawson