Are councils criminal

[youngagain]

It ocurred to me that if a council acted outside of the law and if any complaint had evidence supporting the criterion within a criminal action, then there may be grounds for police involvement. Are councils immune to this?

[Robin D]

I'm not legally trained, but it was once explained to me that individuals within a council can be held accountable for any criminal offence, but that the council as a body cannot. So its possible that an individual can be in contempt of court for example, but the council cannot. Health and Safety legislation and Discrimination is different, and although I don't know of any cases, in theory councils could be prosecuted. I believe councils employees cannot claim Crown Immunity but I could be wrong.

The general ways of managing council criminal actions maladministration is through the Local Authority Ombudsman or a Judicial Review. The first is to be recommended, the second should only be considered after seeking detailed legal 'opinion'.

I hope this helps, but please do not rely on this as the current legal position.

Robin


Grandparent carer in Suffolk [:)]

[youngagain]

Oh thanks RD , I feel a little embarrassed as I know I lost the ability to effectively carry my complaint with the L.G.O on, but having come this far I want to see it through after all but thanks to those of you who understood my dilemma. I have factual evidence from the council file record that indicates numerous actions that fall in to the criterion of criminal activity by council employees and the there are five separate criminal offences that I have identified that are relevant in my opinion.I will ask my solicitor and in any event make reference to this in my response to the provisional view that rejects my complaints sent to me by the L.G.O and be careful how I word it.[:I]

[Robin D]

You can also send your complaint about individuals to http://www.gscc.org.uk/Home/.

Robin

Grandparent carer in Suffolk [:)]

[youngagain]

yes I did that but the council sacked her after they realised that we were complaining and then refused to give her contact details to the stage 2 investigating officer who in tern tried to scupper the investigation by telling the council that he had sent an email to me(that asked me to respond within two days or he would cease the investigation)that we later proved that he did not and in the interim period the investigation was halted. Its complicated and rife with subterfuge but.
there it is. I am reasonably confident that should the LGO refuse to investigate that the complaint will escalate to the CPS as there is clear evidence of a serious nature involving a child.

[Robin D]

I would still pursue the GSCC. Even if the worker concerned has been sacked, there is nothing to stop her going to another authority/adoption society or setting up a private business. Getting de-registered by the GSCC means she cannot do social work anywhere.

Grandparent carer in Suffolk [:)]