Proceeding contribution from David Winnick (Labour) in the House of Commons on Thursday, 26 April 2007. It occurred during Adjournment debate on Mr. Peter Francis.
Mr. Peter Francis
I would like to preface my remarks by saying that it was only in 2002 that the Audit Commission told Walsall council effectively to find a new chief executive and other senior officials. At the time, the commission gave a damning picture of the services provided in the borough. Now, five years later, I am conducting a debate on the case of Mr. Peter Francis, who, in December last year, was awarded more than £650,000 in compensation by an employment tribunal in Birmingham. He brought a case against the council and at the last moment—I have to say that it really was the last moment—the council conceded and admitted liability for unfair dismissal and disability discrimination. Some money was undoubtedly spent by the local authority in trying to contest the case, but liability was admitted in the end. I have no complaints about the compensation. In all the circumstances, some of which I will describe, I believe that the money is justified, but it will come, of course, from local taxpayers. As I understand it, there will be no money forthcoming from central Government. The question is simply this: why was Mr. Francis treated in such a shabby and unacceptable way? As a result of what happened to him, he has suffered—and continues to suffer—much ill health and much anxiety. Then there is the question of the two reports into his case, neither of which will be published before the local elections. The first is by the district auditor, so the Government are involved through the Audit Commission, and we are told that it has been held up by delays in getting some individuals to comment. The district auditor’s report is not ready to be published. The second report, commissioned by the council itself, and conducted by Douglas Bradbury, a former chief executive of another authority, has actually been completed and sent to the council. The question remains why it is not being published. The response from the council is that the two reports will be published at the same time—but after the local elections. That is amazing, is it not? We are talking about annual elections and there are arguments for and against them, but one of the main arguments in favour of them is that the electorate can make its decision accordingly. One factor is undoubtedly the performance of the council. As I say, both reports are not going to be published until after the election. I received a letter today from the assistant chief constable of the west midlands. It is a rather serious letter in its content, as he tells me that current cases involving the council and arising out of the allegations made have been referred to the Crown Prosecution Service. We do not know the outcome, but clearly, the police and the CPS are now involved. It makes all these matters that much more serious. Peter Francis was a civil servant for some 20 years. He started employment with Walsall council in June 1997. His first job was connected with the single regeneration budget, as he was the monetary officer. He was involved in the civil service as a manager in the employment service and he got promotion. In January 2004, given his background, he became the programme manager responsible for neighbourhood renewal funding, which at the time was worth about £11 million annually. That was when the trouble started for Mr. Francis. As I am sure that my hon. Friend the Minister will confirm, that money was intended for the most disadvantaged neighbourhoods. When Mr. Francis became the programme manager, he found that that was not happening, and that some money was being used in areas that were not classified as such neighbourhoods. At one stage, he found that £4.5 million of the renewal fund could not be accounted for. I understand that some of that money, although nowhere near as much, continues to be unaccounted for. For all I know, that is the reason why the police are involved. Mr. Francis understandably raised his concerns with senior officials and the chief executive, Annie Shepperd. She was appointed in 2002, but she has now left the local authority and become the chief executive of a London borough. One would have imagined that in any organisation, whether in the public or private sector, a responsible official who was worried about such matters would receive support from senior officers. However, the very opposite happened. Mr. Francis says that rather than being listened to, with the matter investigated, he was looked on as the enemy within. Although I do not want to exaggerate, the situation reminds one to some extent of the situation in Westminster council when Lady Porter was its leader. The atmosphere in Walsall council was, to say the least—I am putting this at its mildest—very unhelpful indeed. Mr. Francis found that that atmosphere caused him great concern and, unfortunately, much ill health. Several community organisations—I do not have time to read out the list—that had expected to receive renewal funding found that they did not receive the money. As a result, they are in some difficulty and have had to reduce services. What led to the situation in which Mr. Francis had to bring his case before an employment tribunal? He found that his job was being restructured, which was a fine way of getting rid of him. He was told that the position that he had held would no longer remain in existence and that there was a new position for which he could apply, if he wished. There was certainly no enthusiasm for him to continue in the council’s employment. That led to him bringing a case for unfair dismissal and disability discrimination against the local authority. The employment tribunal then reached the conclusion that, given all the circumstances, he should be awarded a sum of more than £650,000. At the moment, Mr. Francis suffers from depression and anxiety. He told me in a letter that he feels that his 30-year career in public service has come to an end—he is in his early 50s. Much, if not all, of the responsibility for that falls on what happened to him during his employment for Walsall council. Councils are run by political parties. The Conservative party that runs the council must accept some responsibility for what has occurred. I am not at all sure that the Tories running the council have owned up in any way to the situation that I have been describing. The overall responsibility lies not with senior officers or the chief executive but with the political party; that is where it begins and ends. I find the matter very unfortunate and I conclude with what I said at the beginning of my speech. The two important reports, by the district auditor and by Mr. Douglas Bradbury, are not being published before the local elections next Thursday, so the electorate will not be able to read them and come to a conclusion. I say to my hon. Friend the Minister that I hope, even at this late stage, with only a week to go, that at least one of the reports can be published. If the district auditor’s report cannot be published for the reasons that I have stated, the council should be asked—it cannot be instructed—to publish Mr. Bradbury’s independent report.
Secondary information
- Type
- Proceeding contribution
- Reference
- 459 c1136-8
- Session
- 2006-07
- Chamber / Committee
- House of Commons chamber
- Subjects
- Audit Councillors Conduct Employment Local government Local government services Tribunals Walsall
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- View this Proceeding contribution on www.publications.parliament.uk
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