Seeking the truth about the Taunton BID ballot from the Council!
This page was last updated 1/2/21.
Many people (YES voters, NO voters and even Councillors) are confused about the farcical (and maybe illegal) manner in which the Taunton BID ballot came to an end in March 2020 and the Council carry on to this day. Back in March Somerset West & Taunton Council said it was delayed, but all these months later they have said nothing else! Come September 2020 even Councillors started asking questions to its’ own Council at meetings; “What ever happened to the BID?”, but even that seems to have fallen on deaf ears.
To get the detailed background and our take on ballot proceeedings read our article here: Why did the Taunton BID ballot really get stopped?
It is only fair that businesses get to know the final outcome. At the moment during these harsh covid economic times we still have the prospect of BID hanging over our heads, as technically it’s only been ‘delayed’ (according to the Council).
Anyway, after leaving it 6 months hoping the Council would do the honourable thing and update everyone as to the status of the BID, they haven’t. So in the search for answers for Taunton businesses NO Taunton BID has felt compelled to seek it from the Council through a Freedom of Information Request. But as the following images show, so far the Council has been evasive and found a legal loophole to refuse our FOI! But we are of course challenging and will keep you updated here.
Besides closure for Taunton businesses, this is now about public authority transparency and accountability, something our Council is clearly not showing …..
Despite the Council and Taunton BID saying so, there was no government advice or legal option to suspend the BID Ballot, only ‘annul’ it. There’s a big difference between the meaning of these words, so businesses are still worried Taunton BID will rear it’s ugly head again soon as only ‘delayed’, they deserve openness and transparency from their Council.
Our FOI request to SWT Council, dated 26th October 2020.
SWT Council response refusing the FOI, dated 26th November 2020.
Seems corrupt that a returning officer which is a statutory appointment for a council employee, is deemed as running ballots in their own personal capacity, so outside a public authority FOI.
So the Council says it doesn't hold the information on what happened to the BID ballot for it's own purposes as a local authority?! Can't believe they're being so evasive and not letting anyone know the status of the BID ballot 8 months later!
Having done some research, looks like SWT have kept their lawyers busy and technically SWT Council seems right in part, a Returning Officer (SWT Chief Executive in this case) runs an election in their own personal time and not as a local government officer. Hence his decision making / actions are not open to public scrutiny via an FOI, although we don’t like it, we accept that the Council is legally protected not to answer questions 3, 4 and 5 if it doesn’t want to. Although you still have to ask why not share the information? Should be quite straight forward questions to answer.
But the Council has a responsibility for running the BID development process and public funds were used to pay the electoral service to run the ballot (election). So we don’t accept that the Council can’t legally answer questions 1 and 2, it must hold the information for it’s own purposes as a local authority - the outcome of the BID ballot. Is SWT Council really saying “we know it got stopped, but we weren’t interested in knowing why after throwing £45k at it”? Simply not believeable is it?
Our challenge to the SWT Councils’ refusal, dated 27th November 2011.
So taking all the above into consideration, this is the challenge to the SWT refusal.
That’s all for now, will keep this page updated as we receive Council replies, please check back again in a while (would say soon, but knowing how slow things move with the Council that probably wouldn’t be right!).
Update 1st February 2021. Well 2 months on and despite chasing, SWT Council still haven’t replied to the internal review / appeal back in November. Seems they’d rather ‘stick their heads in the sand’ and ignore this issue rather than reply, one wonders what have they got to hide? Will keep you posted with any developments …..
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