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12:00pm Thursday 11th November 2010 in Basildon
COUNCIL chiefs face a bill of tens of thousands of pounds after losing a court clash with travellers which could have been settled for just £600.
The High Court has ruled in favour of two travellers, who used to live at the illegal Hovefields camp in Wickford, in a complaint over Basildon Council releasing their personal data.
The complaint stemmed from the council publishing in a development control committee agenda, which was placed online, information about benefits claims and health problems of families facing eviction from Hovefields and the Dale Farm site at Crays Hill.
Councillors, who were voting over whether to evict the families, had to take their personal circumstances into account.
However, following a complaint to the Local Government Ombudsman by three families from Hovefields, the council was told to apologise and pay them each £300 compensation.
The ruling Tory administration agreed to apologise, but said it would not pay the money.
This came despite officers recommending the cash be paid and warning failure to do so would risk a costly legal battle.
Two of the travellers, Paula Gallagher and Mary McCarthy, launched the judicial review which has just been heard.
Mr Justice Kenneth Parker ruled the council was wrong to reject the advice of the Ombudsman and everyone was entitled to privacy.
He ordered the council to pay the compensation, plus the legal costs of the travellers, and half of the bill for the Commission for Local Administration in Eng-land, the body behind the Local Government Ombudsman, which was also involved.
On top of this, the council will have to pay its own legal bill, meaning the total bill could run into tens of thousands of pounds.
The publication of the information allowed the Echo to reveal at the time virtually every household at the two illegal camps survived on benefits. Carolyn Hamilton, director of the Children’s Legal Centre which took the case against the council to court, said: “We are delighted.
“We have been working with our clients on this since spring 2009 and it is absolutely right that they should be awarded the compensation due to them.”
Comments(11)
vangebasildon
says...
12:53pm Thu 11 Nov 10
Dan_
says...
1:45pm Thu 11 Nov 10
Vernon Carter
says...
2:55pm Thu 11 Nov 10
Ironman
says...
3:30pm Thu 11 Nov 10
Dan_ wrote:Dan, I think the fact that they acted on half the Ombudsman directive and not the compensation bit suggests some muddled thinking:-
I think it's a dam shame the council lost, but I say good on them. They couldn't win either way; If they had rolled over and paid out to them with out contest - A. I would be reading exactly the same lines here "...too much money had been wasted by the council already with regard to the travellers." B. If you roll over every time someone thinks they have a sniff of a case against you, especially in the case of travellers, then every man and his dog will be on the band wagon!
Good on the council for making it as hard for them as possible.
shallotman
says...
3:46pm Thu 11 Nov 10
Dan_
says...
4:48pm Thu 11 Nov 10
Ironman wrote:Yes I see what you mean re-reading it. What legal weight does the Ombudsman have exactly? I'm not an expert (obviously), and what's confusing me is the way the report is worded "the council was told to apologise and pay them each £300 compensation". But then later in the report "Mr Justice Kenneth Parker ruled the council was wrong to reject the advice of the Ombudsman". So was it a legal(?) instruction originally, or was it 'advice'? Because presumably the seriousness with which you take those two things is very different? If it was an instruction that has to be appealed against then they we're indeed at best niave having been found to be in the wrong by a government agency to take it further. Would genuinely appreciate some clarity on all this. Sort of feels like without knowing what the real politics were behind decisions taken here, then this is just another angled report by the echo for a reaction. Seems to be their lawyers are cunning as hell going straight to the ombudsman in the first place.
Dan_ wrote:Dan, I think the fact that they acted on half the Ombudsman directive and not the compensation bit suggests some muddled thinking:-
I think it's a dam shame the council lost, but I say good on them. They couldn't win either way; If they had rolled over and paid out to them with out contest - A. I would be reading exactly the same lines here "...too much money had been wasted by the council already with regard to the travellers." B. If you roll over every time someone thinks they have a sniff of a case against you, especially in the case of travellers, then every man and his dog will be on the band wagon!
Good on the council for making it as hard for them as possible.
However, following a complaint to the Local Government Ombudsman by three families from Hovefields, the council was told to apologise and pay them each £300 compensation.
The ruling Tory administration agreed to apologise, but said it would not pay the money.
Don't seem very astute to me, especially as they were guilty anyway.
Deadjim
says...
5:23pm Thu 11 Nov 10
Dan_ wrote:The Ombudsman made a recommendation which the Council rejected.
Ironman wrote:Yes I see what you mean re-reading it. What legal weight does the Ombudsman have exactly? I'm not an expert (obviously), and what's confusing me is the way the report is worded "the council was told to apologise and pay them each £300 compensation". But then later in the report "Mr Justice Kenneth Parker ruled the council was wrong to reject the advice of the Ombudsman". So was it a legal(?) instruction originally, or was it 'advice'? Because presumably the seriousness with which you take those two things is very different? If it was an instruction that has to be appealed against then they we're indeed at best niave having been found to be in the wrong by a government agency to take it further. Would genuinely appreciate some clarity on all this. Sort of feels like without knowing what the real politics were behind decisions taken here, then this is just another angled report by the echo for a reaction. Seems to be their lawyers are cunning as hell going straight to the ombudsman in the first place.Dan_ wrote: I think it's a dam shame the council lost, but I say good on them. They couldn't win either way; If they had rolled over and paid out to them with out contest - A. I would be reading exactly the same lines here "...too much money had been wasted by the council already with regard to the travellers." B. If you roll over every time someone thinks they have a sniff of a case against you, especially in the case of travellers, then every man and his dog will be on the band wagon! Good on the council for making it as hard for them as possible.Dan, I think the fact that they acted on half the Ombudsman directive and not the compensation bit suggests some muddled thinking:- However, following a complaint to the Local Government Ombudsman by three families from Hovefields, the council was told to apologise and pay them each £300 compensation. The ruling Tory administration agreed to apologise, but said it would not pay the money. Don't seem very astute to me, especially as they were guilty anyway.
Broonaldo
says...
7:03pm Thu 11 Nov 10
Deadjim
says...
8:24pm Thu 11 Nov 10
Broonaldo wrote:You could argue it's almost 2 years.
Enough is enough. 28 days notice should now be served on the Crays Hill travellers. It must be almost a year since the council got the go a head. Lets see the end to this saga.
Dan_
says...
11:00pm Thu 11 Nov 10
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Ironman says...
12:27pm Thu 11 Nov 10
Now, they should investigate all the benefit claims in detail (together with the Inland Revenue etc). Got the stomach for it Phil Turner???
These Outlaws only understand 1 law; that of the jungle.