I understand that Brent Council is refusing to comment on the Davini allegations LINK as it would 'not be in the public interest'.
At the end of last week Fiona Ledden, head of Brent Legal and Procurement wrote 'requiring' me to take down the leaked documents. This is the correspondence:
In my opinion this is a case of straightforward 'whistle blowing' backed up by the published document. We, the public, Brent taxpayers and council tax payers, have a right to know:
At the end of last week Fiona Ledden, head of Brent Legal and Procurement wrote 'requiring' me to take down the leaked documents. This is the correspondence:
Dear Mr FrancisI am most concerned that you have quoted on your website a number of documents that have been redacted and made available to a respondent in litigation, which is yet to be heard before a judicial panel. The documents are confidential and provided to the relevant party solely for an Employment Tribunal. The case has not yet commenced and releasing documents before the tribunal has started to hear the evidence is highly inappropriate.I am requiring that you take down the documents which you have attached until the close of the proceedings.
Over the weekend I edited the attachments so as to concentrate on the main issue, the Draft Audit Report, and that remains on the blog.I will be taking this matter up with the relevant party’s representative and during the hearing itself, I consider these documents to remain confidential until the tribunal lifts that confidentiality.Yours sincerelyFiona LeddenDirector of Legal and ProcurementLondon Borough BrentCould you please tell me under what powers you are 'requiring that you take down the documents...'
Thank you
Martin FrancisDear Mr FrancisMy reasoning is that, except in certain circumstances that do not apply here, a party to whom a document has been disclosed in litigation may only use that document for the purposes of the proceedings in which they were disclosed. It is clear that these documents have been leaked from the court bundle, and therefore I request that you remove the attachments that you have placed on the blog.RegardsFiona LeddenDirector of Legal and ProcurementLondon Borough BrentIt does not appear to me that you have any powers or authority to 'require' me to take down the attachments and I believe that the wider public interest is served by them remaining on Wembley Matters.
Regards,
Martin Francis
In my opinion this is a case of straightforward 'whistle blowing' backed up by the published document. We, the public, Brent taxpayers and council tax payers, have a right to know:
- How our money is spent
- How effectively the spending is monitored
- Whether employment practices are fair
- Whether all employees are treated equally regardless of their position in the authority
- Whether elected councillors have full knowledge of these matters
- What oversight councillors have over senior officer decisions on employment and disciplinary matters with the Corporate Management Team
52 comments:
Well done, Martin. I'm sure the support you get will be overwhelming. I have no faith at all in Brent Council's judgement in these things but a thought did strike me: I suppose Butt and his crew are aware that there's an election in a few days' time. If so, their decision to refuse to go for cheap popularity and to let themselves appear to be completely incompetent arses in the lead up to polling day reflects well on the nobility of their democratic principles.
Mike Hine
As a standing Independent candidate, it would be my view the conduct of Ms Cara Davani is in the Public Interest.
While the initial oyster card incident may have gone unnoticed I am becoming increasingly alarmed at how Ms Davani seems to be the ultimate decision maker of who should be fired during Brent restructuring.
This may not be the case, but the voting public deserve a response from recent allegations that have surfaced. This would include a fully review of Cara Davani Ltd contract with Brent Council if there is one and a fully review of the contents of each invoice including details of work completed each day and not simply an invoice marked only with £700 per day.
When most people are struggling to feed, house and cloth themselves in the Borough, I find it necessary to fully support a detailed and thorough investigation.
Toby Chambers
Sudbury Independent
Well done, Martin. This is a matter which is definitely in the public interest.
It is interesting that the document has come out of Employment Tribunal proceedings. I wonder how many hundreds of thousands of pounds Brent has spent in recent years on legal fees to fight against former employees who feel they have been wrongly dismissed? I am aware that the two Brent Archives staff, who were made redundant earlier this year as a result of Sue Mckenzie's "staff restructuring exercise", felt that they had been deliberately got rid of, and I provided evidence as part of a complaint to Christine Gilbert to show that the "staff consultation exercise" which Ms Mckenzie carried out as part of the process was a sham. The staff involved decided not to risk the redundancy payments they received by challenging their "constructive dismissal" at an Employment Tribunal, as previous attempts by library staff in a similar situation had failed. It appears that Ms Mckenzie is very good at keeping a paper trail which shows that correct procedures have been followed, even when there is a very strong impression that she knew exactly what the outcome would be before the process began!
I have written to Cllr. Muhammed Butt, with copies to the two other party group leaders on Brent Council, to draw their attention to the whistleblowing blog, and the many comments on it, just in case they were not aware of it. I have said:
'I realise that we are in the run-up to local elections, but as current Leader of Brent Council, I think that you should take a lead, and state publicly on Brent Council's website what action you intend to take. If election protocol means that you should not do this because it might be seen as "political", I would suggest that you liaise with the other two main party leaders, with a view to a joint statement of action which all three parties currently represented on Brent Council commit to taking on this matter.'
It will be interesting to see what action, if any, Brent's senior politicians take about the unacceptable behaviour of some of Brent's senior officers.
Philip Grant.
Well-said, Martin. Whistle-blowing is an essential part of any democracy, particularly if large organisations are to be held to account. Now enshrined in the NHS Constitution, the practice needs to be supported and protected within local government.
Congratulations on hosting such an excellent blog. Brent councillors and its residents should be proud of you, and relieved that they have Wembley Matters as a forum for informed public debate. Every London borough needs one!
Over the past year there have been a number of cases where dismissals from Brent Council did not seem appropriate who should have been dismissed.
If Ms Davani has been responsible for these firings and her own conduct is now called into question this should be investigated.
The executioner of firings has to be held to account particularly in view of the hurt and long term financial problems it can cause to those who loose their jobs.
Just to add my support to the comments above, and to congratulate you Martin on remaining steadfast in the face of those who wish to stifle democracy and accountability. The document you've disclosed is plainly in the public interest. The reasoning given for this 'requisition' seems entirely arbitrary and based on one (powerful) individual's personal views. Once more, citizen's journalism comes to the rescue...
To get things in perspective if Cara Davani Ltd invoiced £700 per day for 4 days per week 52 weeks of the year, this comes to £145,600.
As highly skilled professional in industy I fiind many of the comments in relation to this both shorted sighted and nothing short or a personal attack without unsteranding /appreciating/or having any knowledge of the facts. Given the comments and details other blog comments cn only have been made by council employees with either personal knowledge of the case against ms davani or be unsubstantiated accusations
The facts are highly skilled professionals are expensive to recruit either on a contracting or permenant basis - apologies if this offends but if local government want the best they have to compete against the best recruiters
An individual on £700 a day, equating to circa £200k a yr, may seem expensive however given the wastage, and perception of financial incompetance of most councils, I support the recruitment and retention of.indivuals who are both capable, talented enough and strong enough to do the right thing and deliver value for money to the tax payers
Local government is seen as having weak technical and professional employers compared to industry - if.you are.good enough u do not stay so people like.ms davani should be encouraged for trying to deliver excellence rather than being hounded in such a personal and shameful manner.
So far in review 2013 documents in respect to Brent restructuré I can't find any référence to Cara Davani being commissioned to lead on such an important matter.
We now understand Ms Davani seems to be central to the restructuré and how it was conducted.
It seems incomprehensible that her name and organisation has been working behind the scenes without the voting public realizing and for that matter many lower ranked Brent Council staff, also possibly not aware of the power Ms Davani's contracted position gave her in determing employee firings.
From a legal perspective, it also calls into question possible employee challenges to redundancy, if those redundancy decisions are based on the judgment of Cara Davani.
I nominate Martin Francis to receive Freedom of the Borough – as someone who has done more than anyone else to promote democracy and transparency in Brent than any elected councillor. Martin, you are also the main reason I will be voting Green next week (I used to be a Labour voter).
In days gone by, you read the local papers for news of the latest goings on in public life. Now you just need to come to Wembley Matters and its all here.
This business of restructuring people out of the council, curtailing rights of appeal, making staff mentally and physically ill and then ignoring occupational health recommendations for them to be left in peace is all attributable to a single, amoral and greedy person.
Not be in the public interest? Which public are they referring to? I’m a tax paying, Brent resident and I am very interested. Are the individuals who have commented and who are calling for action not the public? Are they not interested. It just goes to show that these elected and appointed individuals who the tax payer is funding are so out of touch that when we demand information and action THEY tell us it’s not in our interest. If this isn’t in the public interest, then what is?
Reading the Davani blog this is yet another poor decision that the council has made. It further reinforces the view that the decision making process in the council is deeply flawed and power should be removed until a full investigation is undertaken. They are not making decisions which are in the best interest of the public but in protection of themselves.
Martin I applaud you and fully agree - we have a right to know.
The observation of a period of purdah is not an excuse for councillors to abandon their non-executive responsibility for the running of the council. It only means they should not sign up any new contracts or take any decisions that might bind a different incoming party.
It's good that you've written to the party leaders, Mr Grant. They need to understand that this issue is of concern to the wider public. I had also written to all the members of the Audit Committee, plus alternates, second alternates and its independent (non-councillor) chairman with copies of the investigation report but have not received an acknowledgement from any of them.
Junior staff have been treated with breathtaking rudeness. The Brent culture of placing no value whatsoever on its junior staff had permeated through to internal audit who saw no need to interview even one of them for the investigation report. No concern has been expressed about the poor quality of the investigative process or the travesty of an investigation report.
As an HR professional myself, I know how difficult it is for staff when an organisation is reducing posts, however there is a way of proceeding that includes unfashionable qualities such as common humanity, courtesy and decency in its approach.
During the period of her interim appointment, I had drawn to the leader of the council's attention, Davani's destructive and bullying tendencies. Then again, it was those very tendencies that had so effectively rid council leader of troublesome former CEO.....
I don;t know whether any other Brent directors have a second paid job but that practice has to stop. There was a very good reason why senior management had to devote their whole-time service to the council as a condition of appointment.
The plain fact of the matter is that Davani should never have been appointed onto the permanent staff establishment.
The Investigation Statement below where Ms Davani contract ran until March 2013 conflicts with 7 Nov 2013 Interim Chief Executive report where Ms Cara Davani was appointed as Operational Director, HR – Cara Davani (commenced July, 2013)
During March 2013 - July 2013 what was her contract status ?
http://democracy.brent.gov.uk/documents/s19999/Senior%20management%20restructuring.pdf
2.12 Phil Newby provided a copy of the second contract with Cara Davani. This contract
runs for the periodi;!' November 20^2 to 31^' March 2013. It is a digital pdf file so is
unlikely to have been amended since signature. Abigail Hunt confirmed that the
original had been given to Cara Davani and only a scanned copy retained by the
council. The contracf%silent on additional expenses. It does not preclude them or
allow them. It states the rate to be £700 per day. Although this contract was dated by
Cara Davani on 28^'' October 2012 it was not signed by Phil Newby until 4"^
December 2012. Phil Newby changed the contract to give an end date of 31^' March
rather than 31 ^*Jul^
The Brent Corporate restructure is a JOKE and does not reduce senior management pay at All. If Ms Davani's contract has been maintained at the rate of £700 per day, this equates to an equivalent rate of £182,000 per year if she worked a 5 day week. Working only 4 days does not seem like a cost saving to me.
We would not even know what daily rate Ms Davani had agreed apart from these Documents being Published in the Public Interest. This whole matter STINKS even further as Top Management are still awarding themselves EXCESSIVE PAY
28 http://democracy.brent.gov.uk/documents/s16145/restructuring-2013.pdf
March 2013 Report
Senior management pay
4.31 The changes to structures will include changes in senior management pay (appendix
2) aimed at keeping the costs of the new structure down, ensuring the Council’s pay
arrangements remain competitive and, at the same time, ensuring the pay structure
aligns with the new Strategic and Operational Director roles. The main change is to
reduce the maximum pay level for the chief executive from approximately £195,000
to £185,000. This is in line with the market rate for chief executives and will see an
improved pay ratio when comparing the pay ratios between the top earning officer
and the median pay in the council (£185,000 to £35,000 which is a pay ratio of just
over 1:5) and the lowest paid employee and the top earning officer (£16,290 and
£185,000 which is a pay ratio of about 1:11).
Just goes to show Ms Davani was recruited to HIre and Fire.
Simple As
To me it looks as they Ms Davani has been enjoying an Extravagant Lifestyle attending "Doggy Shows"
At our Expense.
I hardly think she was dedicating her time and energy to Brent Council on such an extremely High Contract.
At £700 per day She should be working 24 7
It hardly seems she was working hard for Brent people when it appears she attended so many "Doggy Shows" during the period 2012 -2013
Nan I applaud you for speaking out.
The anger within those working hard at Brent Council that someone like Ms Davani can be appointed to such a post and be able to carry on behaviour that upsets so many people can't continue.
A new culture of collaboration needs to be developed at Brent.
She has to go !!
Seems like Ms Cara Davani has now been rumbled.
Story does not add up and starting to unravel
Wow this gets event better.
Ms Davani has been responsible for calculating redundancy payments.
I will calculate hers, a Big Fat "0"
Everyone supports the recruitment and retention of.indivuals who are both capable, talented enough and strong enough to do the right thing and deliver value for money to the tax payers".
What we find insupportable is when our money is squandered on people who have powers to decide the fate of others who may be in contravention of codes of behaviour, and who themselves lack ethics in their own personal conduct.
Even industry would frown upon your partner undertaking the preparation of your contract.
It is the weak technical and professional management of Brent council that has discouraged challenge and encouraged venality.
A strong technical and professional manager would have been talented enough to have done the job required without having attracted this depth of revulsion. It speaks for itself that Davani is meant to be the council' s foremost expert on the management of people.
Thanks but the credit for this should go to Nan Tewari and her whistle blowing.
LOL: '...highly skilled professionals are expensive to recruit either on a contracting or permenant basis' - you bet they are! - 'if local government want the best they have to compete against the best recruiters' - Anonymous above, 13 May 23.36.
Flawed logic - the bankers' line of reasoning... money attracts the most talented. Please, wake up. Citizens no longer accept this self-justifying nonsense. NB Wage-inflation at the top has helped fuel the UK's property-price inflation which is wreaking havoc with people's lives.
For the record: why do you describe Ms Davani as a 'highly skilled professional'?
I have had a look at the monthly "spend" figures on the Brent "Transparency" webpages for Cara Davani Ltd. Her two "interim" contracts covered 6 March 2012 to 31 March 2013. Between May 2012 and April 2013 her company submitted 11 invoices, and was paid £123,900 for her services (177 days at £700 per day).
The other interesting thing that I noticed when checking the monthly "spend" figures on Brent's website was that there appeared to be no details given for payments made to Christine Gilbert Associates in payment for her services as interim Chief Executive. How transparent is that?
Philip Grant.
Reposting from related 'Eric Pickles' blog - Anonymous14 May 2014 12:26
'Count to 10 then read slowly:
"Relationships with independents are one of mutual trust. In many cases individuals are known to the council for the quality of their work and ability to deliver. At times there is no specification of work, contracts or time sheets" - Cara Davani's report to Budget and Finance Committee
(http://democracy.brent.gov.uk/documents/s20592/HRreport-2.pdf) para. 3.33: Interims and Consultants.
Wow, just wow. Here we have it in the proverbial black and white - one employment law for them, one for the rest. Clearly foresight isn't one of Ms Davani's competencies, nor of those who appointed - or should that be 'annointed'? - her.
More importantly, how did such self-serving claptrap get past elected members (of all parties)? I urge all three leaders to comment openly on this blog. There's an election a week tomorrow. Residents need to know that those standing for re-election will be able - and willing - to exercise control of the council's senior managers.
Who exactly appointed Ms Gilbert ?
Was this party of Councillor Butts attempt to clean up Brent ?
Well a bigger mess now seems in need of cleaning up !!
Is it a conflict of interest for a Brent Labour council candidate to be an Associate Director of a recruitment company being used by Brent Council? Bernard Collier needs to answer some questions.
If Local Governments wants the best - and I'm sure it does - then Local Government wants the best, for Local Government. The notion that some greed-ridden incompetent from the private sector, can simply wander in and assume an immediate understanding of a public body that delivers services to its residents, is itself a demonstration of the very same short-sightedness, of which the posters on this blog are being accused.
If questionable, personal conduct is the new benchmark for delivering excellence, then one does not have to look very far to see many instances of excellence currently being delivered all over the employed sector, by any idiot, on a daily, if not hourly, basis. Some of them, at least though, are having the decency to be delivering their particular excellence, on minimum wage...
A French reporter once commented that, a nation of sheep will inevitably beget a government of wolves. Being pack animals - and particularly voracious ones at that - it is hardly surprising that wolves are likely to congratulate one another and agree among themselves that their particular practices, constitute the best of all possible worlds.
Hope this helped...
Ravi
What
A Labour Candidate being an associate Director of an organization already supplying services to Brent Council
This gets worse LABOUR can't be Trusted.
Labour installed Ms Gilbert in the first instance and it seems in turn installed Ms Davani.
Then Ms Davani fires anyone who might question Top Management decisions.
You could not make this all up.
At recent Brent Voluntary sector conference it was noted that the Top Management make up of Brent Councillor who sat in Council Chambers facing the audience was not comprised of ethnic minorities and did not represent the local population make up of Brent.
How can we trust the decisions of people like Ms Davani and co when their decisions seem to reflect white middle class people in hiring a management board ?
And I in turn pass that credit on to the several, fearful staff who told me such elements of this story as they knew enabling me to assemble the picture.
Whistle blowing policies were established as a mechanism to reveal wrong-doing that may be detrimental to staff and the public at large. I shudder to imagine what it must be like for staff to see bad and unfair practice carried out daily and to know that it is pointless bothering to whistle blow because no manager in the structure is different from another.
Thank you Nan, well said!
Sorry? is this the same Bernard Collier who is listed as an Associate Director for the same recruitment company that is used by Brent Council - the same recruitment company which is led by the same person Davani used to investigate disciplinaries aka sack people?
I wonder if Gilbert knows him too....
My heads spun off ...
Some of the councillors are just as bad when it comes to bullying!!
Hilarious! you think she is worth paying more money than the Prime Minister of this country? And she clearly isn't worth the money hence all the corruption! Excessive money only brings pigs to put their noses in the trough.
Fiona Ledden has no such power to "require" Mr Francis to take down the documents. It is revealing that under cross-examination she has come back with the weaker formulation, "request that". Intimidation tactic not buckled to; request not ceded to. For the original pretext given that it would be inappropriate, read inconvenient. It is highly appropriate, if not dutiful, to bring these matters to the attention of an unwitting public and it is laudable that Mr Francis has done so, for the greater good. It is highly predictable that the party under suspicion finds such attention unwelcome - and denies the very thing we all know is at stake, public interest = public good and the associated right to be inquisitive. Let the light in and may the ring of truth prevail.
What I find truly shocking is the audacity of the following statement (not the only one) in the Audit and Investigation report:
2.9 "The Head of Audit and Investigation asked to see a copy of the contract, as it had not been located at that time, and she said she did not have one with her but it was basically the same as that of the Interim Chief Executive which she produced a copy of. [...] Cara Davani undertook to provide a copy of her own contract although was due to go on leave the following day."
Both parties are implicated in the admission that a copy of the contract, or the contract itself, could not be located. Was the undertaking to produce the copy, notwithstanding imminent leave, eventually honoured?
Under the Freedom of Information Act 2000, the Council is required (that word again) to provide a response promptly and in any event within 20 working days. I have submitted an FOI request to Brent Council which covers the following areas:
1. The terms under which Cara Davani was contracted by the Council for the period 6 March 2012 to 31 Oct 2012, normally referred to as a contract. 1.2 of the report states that no written contract exists. 2.9 States that Cara Davani will produce a copy of her own contract. Please provide data on the terms and conditions of her appointment as stated in any and all correspondence with the Council at the time of her appointment. Basic details should be included: rate of remuneration, period of contract, line management, job description.
2. The advertisement relating to this appointment and means of recruitment, e.g. date from which a vacancy became available, date by which appointment was required to be filled and for what period, means by which expressions of interest or applications were solicited, reviewed, shortlisted and decided upon.
3. Copies of Invoices submitted by Cara Davani under Cara Davani Ltd to Brent Council for services rendered at any time.
Anonymous 13 May 2014 23:36
Do you want to eat your words now !
Private Enterprise does not have a "Public Interest Test" and therefore very few speak out.
The large number of cases brought against large banks with employees able to afford very good legal representation speaks volumes of this widespread problem that Top Management regularly sweep away these allegations with an agreed payout behind closed doors.
The revelations about the conduct of Ms Davani should be subject to Public Scrutiny and we should all be proud of those who have now broken ranks and are speaking out, despite Ms Davani claiming speaking out is a breach of Brent Code of Conduct.
The Code of Conduct should not be used as a weapon to intimidate hard working people in Brent Council not to speak out.
This also adds proof to the claims of bullying, when Ms Davani has to even resort to such a statement, when allegations are levelled against her.
The Deloitte's internal audit investigator did eventually get hold of the Davani version of the contract. This contract was logged in the council's electronic filing system, so you have to wonder why Davani did not take her own contract with her to the investigation interview and why she instead took the interim chief exec contract to the meeting.
All is revealed later, when we see that the Davani contract did not have the clause enabling her to claim expenses.
Deloitte's did not let a little detail like fact deter them. They were hell bent on clearing Davani regardless. They even came up with the excuse as to why the Davani contract did not contain the clause! Remember that this investigation was forced on them by the fact that the allegations had been raised with the chair of the audit committee, district auditor and council leader (council leader would have just passed it on to the Chief Executive who as we all know .......... etc, etc.
All this and the report still manages to say that Davani must have misunderstood the position. It's possible I suppose that if you are concentrating on the cauldron of stuff you are cooking up against other people, it is hardly surprising when your own milk pan boils over.
So it is of the utmost reassurance for us to know, that under the whistle blowing procedure,
"The council’s designated Whistleblowing Officer is the Head of Audit and Investigations".
I gather there are two periods for which contracts have been sought and the first has still not been produced, only the second. ie. "2.12 Phil Newby provided a copy of the second contract with Cara Davani. This contract runs for the period 1st November 2012 to 31st March 2013. It is a digital pdf file so is unlikely to have been amended since signature."
During March 2013 and July 2013 she was on Brent's payroll. This was agreed by Christine Gilbert and effected by the interim payroll manager, Mildred Phillips, another interim and friend of both from Tower Hamlets! Apparantly, Ms Davani needed to prove to her bank that she was an employee to raise some funds/re-mortgage!
Thank you to anon 16 May 08:37, well said!
Fully agree.
The type of behaviour shown by those at the top when they will do absolutely anything for their own power trip is exactly what is all wrong with society today.
Before the 2008 financial crisis, we all accepted the mantra from those at the top.
Well those at the bottom no longer accept this mantra. The top managers have been able to get away with punishing those at the bottom for far too long.
This has to now end.
Not sure how it might end, as those at the top cling on to Power and will using everything to hold onto the power.
We can all exercise our own power on 22 May and only VOTE for candidates that truly stand for Social Justice and Equality.
It is not surprising that Brent leaders are not commenting on the alleged corruption. The truth is they are all collaborators and they are covering each others back. There is no transparency and if there was any and they wanted to prove this, they would endorse a independent investigation to prove their innocence. As a tax payer in the London Borough of Brent I have to say I have lost all confidence in Brent Councils leadership team.
Brent council is not commenting because they can't believe that they have been exposed to the public. They are probably in shock! Your not invincible Brent Council, these things can happen even to you.
Brent council needs a fresh and honest start, and that can only be attained with new leadership! Simple
Public money = public interest. Simple
Has Brent Council commented as yet?....
Seems they are busy jostling for positions on new Executive which may well be smaller. Butt said to be safe but competition for deputy between Pavey and Mashari. Smaller Exec will leave an awful lot of frustrated backbenchers...
I am preparing to take Brent to tribunal right now and I was blissfully unaware of all these fascinating intrigues. I loved my job and I didn't understand what I had done to be treated so badly. I am still between jobs so need to stay anon as I want to remain in local government.
Martin have the proceedings mentioned by Ledden concluded? Can these mentioned documents now be published?
If Ms Davani's salary was a five day week position she would be earning £182,000, almost as much as the Chief Executive and about 10 times more than someone employed on scale 4. This is farcical as the average earnings for a HR director in London is a quarter of that salary - who does she think she is!?
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