West Country Voices Refuses To Publish Our Article on Somerset Councillors Who Didn't Pay Council Tax

 

West Country Voices Formerly Bylines

Following our continuing and long-running investigations into Somerset councillors who persistently failed to pay their own council tax, our Leader Andrew Pope was asked by the Editor of West Country Bylines, Anthea Simmons, to write an article for them to publish.

West Country Bylines has recently renamed itself West Country Voices.

Below is the article which West Country Bylines then refused to publish! 

Here is what Somerset Editor Mick Fletcher said in the refusal:

"Anthea Simmons has forwarded your emails on council tax to me as Somerset editor for West Country Bylines. We have carefully considered the matter but do not feel there is sufficient evidence of serious and deliberate wrongdoing to justify our publishing an article on this topic.  Thank you for your interest in Bylines

 

Best wishes

 

Mick Fletcher"

 

Andrew Pope says: 

Andrew Pope

"I wrote to Mick Fletcher and Anthea Simmons, pointing out that we know that there is definitely evidence of serious and deliberate wrongdoing by several Somerset councillors.

And we know that Private Eye and The Leveller HAVE published our work.

We also know that Somerset residents have thanked us for our investigations and hard work.

So we are publishing the article... despite West Country Bylines refusing to."

Arrears Of The Year: Somerset Councillors Put Up Our Council Tax But Did Not Pay Their Own

In February 2021, campaign group Somerset Independents asked councillors at all four district councils, and Somerset County Council, to not increase council tax for Somerset residents during a Pandemic. But councillors did put up our council tax and have spent public money on the wrong things. Some councillors did not pay their own council tax over months and even years. 

In a detailed and prolonged investigation, residents at Somerset Independents exposed these councillors and their councils for their wrongdoing.

Who Are Somerset Independents?

Somerset Independents is a campaign group of Somerset residents that was formed during the first Coronavirus Lockdown in March 2020. It was formed by residents to stand up for residents and for promoting the good reputation of the County of Somerset in the West Country, in the UK and overseas.

At the 2021 budget meetings of all councillors, we asked councillors at all four district councils, and Somerset County Council too, to not put up council tax during a Pandemic. 

But councillors did put up our council tax. And some of them did not pay their own council tax - some of them over months and even years in arrears. Our investigation exposed these councillors and their councils for their wrongdoing.

Why Should We Care About This?

Councillors hold public office and are elected to serve the public. Elected office is supposed to be a privilege and it is a responsibility, because authority comes with responsibility. But these councillors in arrears on their council tax have brought the office of councillor, and their councils, into disrepute.

Somerset residents told us that it was "disgusting" and that these councillors should resign. We agreed. 

So we asked each councillor to resign, asked them the same questions and offered all of them a right of reply. Most of the councillors have not even replied, despite multiple contacts by us. Those that did reply, refused to resign. Some claimed to have paid up - though only after we had exposed them.

What Did The Councils Do To Make Sure That Councillors Paid Up?

Councils did not make sure that councillors paid up. They remained in arrears for months and in some cases, years.

Worse, and showing how far councils will go to protect councillors, two of the district councils - South Somerset and Mendip - even tried to cover up the names of the councillors. Somerset Independents had to fight hard to expose these rogue councillors, involving local media and complaining to the Information Commissioner's Office about the councils.

The other three councils answered our Freedom of Information requests. Sedgemoor said that they had no councillors in arrears. Somerset West and Taunton Council gave us the names of the councillors in arrears. They also gave us the written correspondence of chasing councillors up and ensuring that councillors did not vote on the budget and council tax matters. Because to do so, for a councillor in arrears, is a criminal offence.

Somerset County Council told us that it was the responsibility of the district councils to ensure council tax was collected, and that county councillors were expected to declare their interest. Some councillors are "dual-hatted", being on the district council and county council too. More about this later.

What If The Councillor Was Facing Financial Hardship?

The vast majority of residents that we asked told us that there is no valid excuse for a councillor, because residents are expected to pay. 

Somerset Independents was formed to stand up for residents. Once a resident becomes a councillor, they hold a privileged position and elected office. They are no longer just a private individual. This is a very important distinction.

We fought for residents to not have their council tax increased. But councillors did it anyway. So we believe that there is a valid and urgent need for an investigation to see whether those councillors paid their own council tax. And whilst the majority of councillors did pay up, some councillors did not pay and for a long time.

Resident after resident told us that there is no valid excuse for a councillor not to pay their council tax over a prolonged period. Residents say that one or two months is reasonable and can just be an administrative error in a busy life. But that is all.

We have not investigated private individuals who have not paid up. In fact, we have tried to help them by asking for council tax to remain the same and for council tax to be spent well. But councillors ignored our requests to not increase council tax. Councillors are not private individuals while they hold office.

Councillors expect residents to pay up, even when councillors wrongly put up council tax during a Global Pandemic. Councils pursue non-payers. We understand that unpaid council tax can be deducted from the allowance that councillors receive. Have the councils done this? If not, why not? Councils need to tell the public who ultimately fund Somerset's councils.

Councillors hold a privileged position of elected public office and are supposed to set an example. They also vote on the council tax and set the council's budget in February of each year, at the so-called "Budget Meeting" of their Full Council.

Cases elsewhere in England have proved that councillors are not private individuals when it comes to non-payment of council tax. It is a public matter because they hold public office. 

For example, after a four year battle by journalist Dale Haslam in Bolton in 2016, Judge K Markus QC in the Upper Tier Tribunal ruled that the identity of councillors should not remain secret and that it is in the public interest that they be revealed. The most important part is paragraph 40 of the ruling - see * below.

It is incredible to note that the case had to go to appeal, because the Information Commissioner and the First Tier Tribunal agreed that the councillor's identity remain secret.

 

So What Happens Now on the Arrears Of The Year?

The Bolton case is important and the ruling by Judge Markus is clear.

So Somerset Independents has named the councillors and their councils on our website. We will be revealing more details, because it is in the public interest. Both Private Eye and The Leveller have reported on our investigation and also offered the right of reply to the councillors.

Somerset Independents will continue our investigation, and urge the councillors to resign. Too many of these councillors think they can get away with it.

We are investigating whether criminal offences were committed by any councillors in voting on budget-related items while disbarred, and whether they properly declared their interest at the council meetings. 

Somerset Independents has the evidence, including the official minutes and recordings of the meetings, that at least two councillors did commit criminal offences in voting on budget-related matters while disbarred, and that interests were not declared at meetings, despite the law requiring them to.

We are considering whether to give the evidence to Avon and Somerset Police and what action we expect the councils to take on these councillors in arrears.

Andrew Pope, Somerset resident and Leader of Somerset Independents

* Judge Markus wrote in the Upper Tribunal (Administrative Appeals Chamber):

"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."