Cheshire East Council has refused to disclose the report into the Lyme Green fiasco.
One of our readers requested a copy of the report of the Designated Independent Person (DIP) in relation to Lyme Green under the Freedom of Information Act.
Having extended the 20 working day limit to consider the public interest in disclosure, the Council has announced that they will not release the report because it contains personal data - not only of those people whose conduct was under scrutiny, but also of those who gave evidence about others.
In addition, it contains personal data of the Designated Independent Person himself, given that his opinions are included.
The Council says that it would be 'unfair' to release the report containing personal information into the public domain and would lead to a breach of the Data Protection Act 1998.
They also state that disclosure of the information to the public would constitute a breach of confidence, actionable by the person from whom the information was obtained or by individuals who are the subject of the information.
In addition, given the investigations are still ongoing, Cheshire East says the release of the report may prejudge or influence matters which are subject to further inquiry.
Referring to the interests of the public, the FOI response states "The Council has already taken significant steps to be open and transparent about the processes followed in the light of the Lyme Green matter.
"It has released numerous public statements through the media and there was the public report of the Audit & Governance Committee in June 2012. In addition, the public report on the Council's review of its management roles and responsibilities, considered by the Cabinet on 4th February 2013, makes clear references to the aspect of organisational culture, and the actions of some staff involved, in the Lyme Green matter.
"The Council has also indicated its intention, after all investigation processes arising out of the Report have been concluded (which is not yet the case), of publishing a summary of the Report, outlining the causes of and the main learning points from the matter. The Council considers that these steps go a long way towards satisfying the public interest in disclosure, and that it is not necessary to release the Report to meet that objective."
The Council's aborted plans to build a recycling station at Lyme Green Depot in Macclesfield have cost Cheshire East taxpayers in excess of £800,000, planning rules were broken, as the main contractor commenced work on the site prior to obtaining planning permission, and officers did not comply with EU Procurement Regulations.
The report by a Designated Independent Person into the causes of the failure of the Lyme Green development project, was completed and passed to the Council's staffing sub committee for consideration in December.
Since then three senior officers, whose actions were examined by the DIP, have left the Council's employment and Councillor Rod Menlove, who was responsible for this area as Environment Portfolio Holder, has resigned from his Cabinet post.
Comments
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You're Public SERVANTS, get off your self-created pedestals and start serving the interests of the public before someone decides you should be charged with misconduct in public office.
I don't think I could have put it better. You are 100% right. If our TAX paid civll servants are allowed to pick and choose what they disclose and when the same financial fiascos will happen again and again as no one will ever be held to account.