I wish to make a complaint about a parish clerk who is conducting a personal vendetta

Question

Hello

A parish clerk whom i dismissed due to serious financial and operational irregularities while working for me is persuing an enforcement notice against me. The local council ruled in my favour 3 times but she has objected each time and has now persuaded them to serve an enforcement notice on me to move my caravan. There has been a caravan on the site since 2003. I complained to the chief executive of the local council but was told she doesn't come under his juristiction. She has been discussing the case with her mother who has been bragging to the local community that she will get my caravan moved to pay me back for dismissing her. Does she have to declare a personal interest?

Answer 1

You dismissed, while working for you? That worries me. I presume that there was a council involved somewhere along the line and the decisions were made by the council in accordance with the various approved protocols and procedures.

Your former clerk is now a member of the public and subject only to the basic laws of the land. If she wishes to take advantage of the planning enforcement legislation, regardless of her motives, there is nothing you can do about it. I presume you are occupying your caravan in breach of planning law, otherwise the council would not be serving you with an enforcement notice. If I were you, I'd stop worrying about your former clerk and concentrate on clarifying where you are going to be living next year.

Comments

Thank you for your response I have not made myself clear

> The lady in question is the current parish clerk she also worked for me but was dismissed by me.
> We have had a caravan on our small holding for 17 years we do not live there just use it for toilet meal breaks etc we do not live locally.
> The council were happy with this but she has consistently badgered them and served them with something called tier 1;2 and 3 notices. She has discussed my case with her mother who brags in the village that her daughter ie the parish clerk will “get me”” if it’s the last thing she does. I want to complain to someone about the parish clerks behaviour my local council say they have no jurisdiction over her.
> Thank you for your help

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Apologies, I misunderstood. If you want to complain about the conduct of the parish clerk, you should write to the council, as her employer. The council will have a disciplinary procedure for employees and should follow that. This may or may not result in action being taken against the clerk. If the council decides to take no action, that is the end of the matter.

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Thank you for this. Could you also please tell me what the tier 1,2 an3 complaints by the parish clerk against the enforcement officer are? The enforcement officer and his boss were perfectly happy without static but these complaints have led to a notice to move the static being issued with no consultation with us

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Sorry should say with static staying on our smallholding typo

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I've not heard of this. It may simply be a local procedure adopted by your planning authority.

Answer 2

If you unilaterally  dismissed her when you were a Council chair you have acted unlawfully, and the dismissal should have been ratified by a full council resolution. There is no conflict of interest to be considered if you are not a member of the Parish Council

That said it would be useful to tell us under what legislation her tier 1;2 and 3 appeal notices. are being served. I can envisage certain areas of Planning Enforcement that might apply, but enforcement action can be taken against numerous activities.  

Comments

Hello i have no connection to the parish council. The current parish clerk whose contract i terminated worked for me in another capacity.She is using her position as parish clerk to hound me. I know nothing about the legislation of the tier 123 notices except that the enforcement officer who was happy with our static had them served on him as part of the procedure if complainants are not happy with his decision.

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This is all very confusing so firstly has she objected as the Parish Clerk, on behalf of the Parish Council or as a member of the public ?

Secondly can you appeal against the Enforcement Notice ?

Thirdly issue a Freedom of Information request for all the correspondence leading up to Enforcement Notice, although be warned they might claim confidentiality
Speaking from experience irrespective  of what a Clerk does it’s quite often that a Parish Council closes ranks and refuses to take action against their Clerk irrespective of what they done

Answer 3

You could of course apply to the planners for a certificate of lawfulness for the caravan as you have used it without challenge for over 10 years.

Comments

Brilliant answer.

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Thank you we are going for this and have instructed a professional planner