CHESHIRE East Council has repeatedly refused to publish the full independent report commissioned after the fiasco unravelled two years ago.
Council bosses said they would not publish the findings and that it would be ‘unprecedented’ for them to be ordered to do so, saying that it could breach the confidence of those questioned as part of the probe.
But the ICO findings will force them to finally reveal some of the truth of how more than £1m of taxpayers’ money was wasted.
The report is divided into four chapters.
The council has until January 14 next year to produce the majority of chapter one, elements of chapter two, and parts of chapters three and four.
They can also appeal against the ICO’s decision by January 7.
The ICO found:
The council was wrong to withhold the entire report and that they had ‘not complied with the request in accordance with the Freedom of Information Act’.
Some information the council claimed it would not publish due to ‘personal data’ could have been released without breaching data protection principles.
Information the council claimed was personal data was not actually personal data.
The council’s argument that the DIP’s investigation constitutes an ‘internal communication’ is invalid, because the DIP is not a public employee.
This means they cannot be regarded as part of the council and their report is not internal.
The council was wrong to say the report was covered by legal professional privilege – which protects communications between a professional legal adviser and his/her clients from being disclosed.
This argument failed because there ‘was no requirement for the DIP to be legally qualified’, and that the DIP ‘was not acting in the capacity of professional legal adviser’ but in his role as DIP.
But the ICO report found that the council was correct not to publish some parts of the report because doing so could have ‘an adverse affect on an inquiry of a disciplinary nature’.
It also found that disclosing some information would ‘adversely affect the confidentiality of the proceedings of the public authority’. These parts of the report will remain unpublished.
Lyme Green – a timeline of events
November 24, 2011
Cheshire East Council submits a full planning application for a waste transfer station off London Road, Lyme Green.
November 30, 2011
The Express reveals residents’ concerns that work on the station has already begun.
December 2011
CEC apologises for working more extensively on the site than planned and says its contractors have been ordered to halt work.
January 2012
Sutton councillor and, at the time, cabinet member Hilda Gaddum says CEC has treated the local community with contempt.
February 17, 2012
The council’s planning application is officially withdrawn. It has spent £800k by this point.
March 2012
CEC says it will not be removing works foundations already laid at the site.
May 2012
Work to clear the site begins.
June 2012
An internal audit reveals a catalogue of errors, including breach of EU regulations, work beginning three weeks before planning permission is even asked for, and finds councillors and the public may have been misled.
August 2012
CEC agrees to appoint a Designated Independent Person (DIP) to investigate allegations of misconduct against several senior officers.
December 2012
The DIP provides council with his report after spending
nearly 1,000 hours compiling findings – costing the council £225,000.
December 2012
The cabinet member for waste, Councillor Rod Menlove, quits his council role
after saying the fiasco occurred on his watch.
December 2012
Former strategic director of places John Nicholson and ex-Borough solicitor Caroline Elwood both resigned from their roles citing personal reasons.
January 2, 2013
The Express asks to see the report but is refused, and submits a Freedom of Information request for the full report.
February 15, 2013 Finance chief Lisa Quinn leaves her role by mutual agreement.
February 19, 2013
CEC again refuses to disclose the full report.
April 17, 2013
The Express launches a campaign to have the full DIP report released to taxpayers.
May 2013
Coun Michael Jones says that he will make Cheshire East more open to scrutiny by residents during a speech re-capping his first year in office at full council meeting.
May 10, 2013
The Express requests an investigation by the Independent Commissioner’s Office.
June 2013
Cheshire East produces a 28-page summary of the DIP report, detailing some of its damning conclusions, but refuses to publish the report itself.
June 2013
In an attempt to recoup some of the money wasted, the council
announced it is in talks with Arighi Bianchi with a view to them building a distribution warehouse on the Lyme Green site.
December 2013
ICO findings published, gives council 35 days to publish redacted version of DIP report. Council given opportunity to appeal ICO decision.
