Ombudsman slams Dorset council amid “vexatious” Archer query
October 18, 2023
By Rachel Williams
Dorset Council will this week release credit card statements and the valuation of land at Derby to former Councillor Lawrence Archer, after a damning Ombudsman finding.
In an end to a long-running dispute between Mr Archer and the council, Ombudsman Richard Connock reviewed decisions made by the council in 2021, finding the council should have released documents to Mr Archer under Right to Information.
Mr Archer requested the Ombudsman’s intervention after failed attempts seeking details relating to the value of land sold by council in Derby and what money was being spent by former General Manager Tim Watson and Mayor Greg Howard on council credit cards.
Mr Archer said his actions were motivated by “accountability and openness of Local Government”.
But, at the time, his request was refused by current General Manager John Marik, on the grounds it was “a repeat and vexatious one”.
“Council spends a disproportionate amount of time on your consistent and continual vexatious questions, commentary and behaviour displayed as an ex-Councillor and now as a ratepayer,” Mr Marik said at the time of refusal.
Mr Marik also said that Mr Archer had asked 21 per cent of the questions posed to Council during question time in the 34 months prior to the refusal and that he had made two Code of Conduct complaints regarding Councillors and made one other application under the Act.
Following Mr Marik’s decision, Mr Archer sought an internal council review, saying that the refusal was “more about attempting to portray me as a vexatious person rather than addressing the application and properly considering the request as required by the Act”.
The internal review by Mr Watson affirmed the original decision without reasons, the Ombudsman said.
“Council’s delegates’ decisions, from original decision to internal review and subsequent decisions and reviews, all failed to provide a satisfactory statement of reasons for the conclusions reached,” Mr Connock said.
Mr Connock encouraged council to release the information, which council has agreed to do this week.
“All legislation has an element of subjectivity, however in this case Council will release this information to Mr Archer and ensure the Ombudsman’s findings are taken into account in relation to future Right to Information reviews made by Council,” Mr Marik said on Monday.
The Council had originally refused to release the credit card statements, saying the act of doing so would “substantially and unreasonably” divert its resources from its other work.
“I entirely agree with Mr Archer that why it would be so difficult to locate recent bank statements is not at all apparent. The information does not appear to be voluminous, and statements are usually readily available from the relevant financial institution,” Mr Connock said.
“It is disappointing that Council has likely expended more time resisting Mr Archer’s application than it would have taken to fulfil it.
“The complete failure by Council to engage with s19(2) and to act in an objective manner in relation to Mr Archer is highly concerning, and I urge the Council to properly apply the object and spirit of the right to information scheme in future.
“Almost all public bodies deal with individuals who may question
their integrity and publicly
criticise their actions or use of public money.
“Public bodies maintain obligations of professionalism and to ensure an appropriate level of access to legal processes (such as the Right to Information process), even to individuals with whom they may be in dispute.”
Mr Archer said he was pleased with Mr Connock’s findings, describing it as a “frustrating and time-consuming process to get information that was in the public’s interest”.
The Ombudsman finding is independent to the Board of Inquiry review into Dorset Council The Board is preparing a list of who will be required to appear before it in person, with the first notices expected to be issued in the next 10 days.