UPDATE (14/6/21): Doulting Mendip Green Councillor Francis Hayden Still Refuses to Apologise, Answer Questions or Resign

Green Mendip Councillor Francis Hayden

UPDATED (14/6/21): We asked Mendip Green Councillor Francis Hayden AGAIN to provide the details of his council tax arrears. He's refused again, saying that he has paid now.

He still thinks he is entitled to privacy over his council tax, despite being an elected representative and public official bound by the law, the Council's Code of Conduct and the Nolan Principles. As we show below in the Decision on Bolton Council, as a councillor, Hayden is not an ordinary citizen but a public official and this is decided in law.

To be clear - If Cllr Hayden was just an ordinary citizen, it would be a private matter between the council and Mr Hayden's household for liability of council tax. But he isn't, he is an elected representative and public official.

Somerset Independents does not pursue private individuals. In fact, we have stood up against councillors like Hayden and his Green Group Leader Shane Collins who have voted to INCREASE Somerset's council tax. 

As shown on this website, when Somerset Independents asked district and county councils in February 2021 to stop increasing our council tax, they did it anyway!

We did not have to, but we already gave Cllr Hayden the opportunity more than once to apologise, to answer our questions and to resign.

So we asked him again on the "Frome Local" Facebook Group*:

Green Councillors - Green Surge or Green Slime?

"Now that you are here, please tell everyone:

(i) for how long you didn't pay your council tax,

(ii) what the total arrears were,

(iii) what you voted on during that time, including any financial matters

(iv) whether you were summonsed to court, and

(v) whether there was a liability order. And

(vi) whether your councillor allowance was deducted with the arrears." 

 

Here are some of the comments from residents that think councillors should pay council tax:

Resident A: "How disgusting they don't pay council tax"

Resident B: "They don’t pay council tax?? I did not know that" Resident C: "me neither, no wonder they don't care about much they charge us, flipping disgusted." Resident B: "I still can’t get over how much the council tax increased this year given how a fair bit of litter and street maintenance seems to be done by volunteers and other aspects seem to have not improved."

Resident D: "Greens like to lecture as to how we should behave, but any criticism of their behaviour is totally verboten. Witness comments in this thread."

Resident E: "surely then he would be treated like any other non payer and enforcement proceedings begun or however they deal with any person who does not pay .All seems very bizarre for actual councillors not to do so .I have no interest in any of them but would have thought which ever party it might be would or should kick them out ."

Resident F: "Interesting issue, the Green Party may not want to disclose the 2nd name but Mendip DC probably should, if they have been asked, following a case against Bolton Council." The resident then provided a link to the case - a case which we were already aware of, but useful nonetheless.

Frome Town Councillor Scott Ward said:

"just to confirm that Town Councillors DO pay council tax…I don’t think being a district or county councillors gives any exemption either…it’s more likely that there is a Councillor somewhere that is in arrears"

We've asked Mendip District Council again to provide more details about Councillor Hayden's arrears and the unnamed Councillor. We believe that Mendip District Council has to do what Bolton Council was told to do in this Tribunal case, and we quote the Decision:

"The decision which I make is that the name of the councillor who is referred to as “Case 5” in the Annex to the Second Respondent (Bolton Council)’s response to the request for information is not exempt from disclosure under section 40(2) Freedom of Information Act 2000.  The Second Respondent must provide that information to the Appellant within 35 days after the date on which this decision is sent to the parties."

 

So despite Mendip District Council Monitoring Officer (David Clark)'s repeated refusal to provide further details, we have asked him again.

Just in case there are any Green supporters who think what we have reported is untrue, below is an extract from our original Freedom of Information Request. Somerset Independents tries, if possible, not to name junior officers, so we have redacted the officer's name. But we do name senior officers. "Richard" is Richard Bates, the Chief Finance Officer (S151 Officer) for Mendip District Council:

Extract From Somerset Independents Freedom of Information Request

What was also revealing and extremely concerning was that from the email exchange between the council tax officer, Mr Bates and Mr Clark, it seemed that MDC's Monitoring Officer (Clark) appeared unaware that councillors who do not pay up are BANNED from voting on council tax and related matters.

Yet Cllr Hayden did not declare that he was in arrears at the beginning of the meeting, when the Chair asked for declarations of interest. 

 

The official Minutes are wrong, whatever councillors may claim. 

 

It is proved by the Council's own recording. 

 

As shown on the recording, Cllr Hayden did not declare that he was in arrears until councillors were voting on the council tax setting item. 

 

But before this, Cllr Hayden had already voted on related matters, as is correctly shown in the official Minutes.

This was despite the fact that Cllr Hayden had not paid his council tax. Councillors are advised by the law on such matters to declare as early as possible. Cllr Hayden did not.

 

It is also clear that councils are required to provide the information that we have requested. The Bolton Council Tribunal case Decision by Judge K Markus QC, brought to our attention by the officer of Mendip District Council above states:

 

"40. But, in the case of a councillor, it is not only a private matter. A councillor is a public official with public responsibilities to which non-payment of council tax is directly and significantly relevant.  A number of specific features of this were advanced in submissions to the First-tier Tribunal.  In particular, section 106 of the Local Government Finance Act 1992 bars a councillor from voting on the Council’s budget if he or she has an outstanding council tax debt of over two months.  If a councillor is present at any meeting at which relevant matters are discussed, he or she must disclose that section 106 applies and may not vote.  Failure to comply is a criminal offence. Thus council tax default strikes at the heart of the performance of a councillor’s functions. It is evident that setting the council’s budget is one of the most important roles undertaken by councillors.  The loss of one vote could make a fundamental difference to the outcome. This adds a significant public dimension to the non-payment of council tax.  The very fact that Parliament has legislated in this way reflects the connection between non-payment and the councillor’s public functions.  Moreover, as the Commissioner observed in his decision notice, recent failure to pay council tax is likely to impact on public perceptions and confidence in a councillor as a public figure."

There are many significant statements to the above quote, which we have attempted to bring to the attention of Mendip District Council and the very small number of people who have supported the Green councillors' non-payment and defence of non-payment. 

 

Just a reminder - Green Frome Councillor on Mendip District Council - Cllr Michael Dunk said in defence of his Green Councillor colleague Cllr Hayden:

 

"It is bad enough that Francis Hayden had to publicly declare that he was in arrears and was therefore unable to vote, but your complaint and suggestion that he should resign is sign that you do not understand and have no sympathy for those who find themselves in the same position.

...

In my opinion arrears of council tax do not mean that a councillor is unfit to perform their duties, the reverse may be true."

Like we have said before, too many Green councillors are incompetent, naive or downright dangerous. Cllr Dunk is naive and ignorant of the law and the fact that both he and Cllr Hayden are public officials and not ordinary citizens when they take the office of councillor.

Somerset Independents will continue its campaign to expose councillors - any councillors of any political party or of none - who have persistently refused to pay their council tax.

 

It is in the public interest and the public thinks councillors who do not pay are "disgusting" and "should resign or be expelled" as councillors. 

 

Residents also think that the Green Party and Mendip District Council should act. We agree. 

 

But will the Green Party act?

Will Mendip District Council act?

We will see.

 

We say again.

Somerset Independents will continue its campaign to expose councillors - any councillors of any political party or of none - who have persistently refused to pay their council tax.

 

 

 * We could not post this public information to the "Frome" Facebook Group. This Facebook Group is administered by people with hidden agendas which focus mainly on biases to the Lib Dems and Greens, so has disallowed Somerset Independents from posting this public information.