Facebook Campaign for my Allotment Options

[x2lls]

It is for public bodies, e.g. government and councils.

Personal information

Your rights to see personal information held about you by public authorities have also been
strengthened. The Data Protection Act 1998 (DPA) already entitles you to see many kinds of
personal information about yourself, whether held by public or private bodies. This law has
now been amended by the FOI Act to improve your rights to see personal information held
by public bodies. The right to information held by private bodies has not been affected. The
UK Information Commissioner enforces this right across the whole of the UK including
Scotland.

Quoted from:- http://www.cfoi.org.uk/pdf/foi_guide.pdf

Ooer, will this post be pulled too?

[Andy Capp]

Personal information

Your rights to see personal information held about you by public authorities have also been
strengthened. The Data Protection Act 1998 (DPA) already entitles you to see many kinds of
personal information about yourself, whether held by public or private bodies. This law has
now been amended by the FOI Act to improve your rights to see personal information held
by public bodies. The right to information held by private bodies has not been affected. The
UK Information Commissioner enforces this right across the whole of the UK including
Scotland.

Quoted from:- http://www.cfoi.org.uk/pdf/foi_guide.pdf

Ooer, will this post be pulled too?

In a nutshell and with caveats.

The DPA concerns data held about yourself; only the person concerned has a FOI access right to it. FOI also concerns the revealing of data held about other people in public office (not private).

[Cognosco]

In a nutshell and with caveats.

The DPA concerns data held about yourself; only the person concerned has a FOI access right to it. FOI also concerns the revealing of data held about other people in public office (not private).

Yet NTC refuse to make public a council meeting? Even after numerous requests?

[NWNREADER]

I've just read some recent minutes. A couple of interesting bits (I hardly believe I'm typing this!!) re allotments including an objection to the rent increase from a Steward: in the response the Minutes mention 'Later discussion' but the only further comment is a straight vote to approve the increase.....

[x2lls]

I've just read some recent minutes. A couple of interesting bits (I hardly believe I'm typing this!!) re allotments including an objection to the rent increase from a Steward: in the response the Minutes mention 'Later discussion' but the only further comment is a straight vote to approve the increase.....

GTA link?

[NWNREADER]

GTA link?

At risk of the thread being pulled... The NTC website has a 'meetings' section and the Minutes for the Council and sub-Committees are there. Look under Community Services Committee. Several odd things - all in the public domain - about who should assist the Council with Allotment inspections, who will be allowed to apply for allotments (which changes subtly from one meeting to the next) and so on.

[Cognosco]

At risk of the thread being pulled... The NTC website has a 'meetings' section and the Minutes for the Council and sub-Committees are there. Look under Community Services Committee. Several odd things - all in the public domain - about who should assist the Council with Allotment inspections, who will be allowed to apply for allotments (which changes subtly from one meeting to the next) and so on.

Been trying to access the website again but keeps coming up unavailable?

There was nothing on the minutes section regarding the meeting Simon was referring to.
Not all the meetings held have the minutes published by I fail to understand why?

[Andy Capp]

Been trying to access the website again but keeps coming up unavailable?

There was nothing on the minutes section regarding the meeting Simon was referring to.
Not all the meetings held have the minutes published by I fail to understand why?

If we were any more cynical, one might wonder if perhaps the council have instructed the web admin to 'cleanse' the website of any contradictory statements!

[dannyboy]

If we were any more cynical, one might wonder if perhaps the council have instructed the web adin to 'cleanse' the website of any contradictory statements!

And I thought Правда had closed a long time ago.

[massifheed]

And I thought Правда had closed a long time ago.

In Soviet Russia meeting minutes read you.

[Penelope]

In Soviet Russia meeting minutes read you.

I skweemed !

[Exhausted]

The little article in this weeks NWN regarding the draconian fencing of the SK allotment accuses said owner of "Criminal Damage". Methinks that just moving a bit of plastic fencing and prehaps a few posts would only result in a charge of this nature if the fence had ben rubbished on the floor and actually damaged. As far as trespass in concerned, this is not, as far as I am aware, a police matter unless the trespasser is involved in an illegal act which may cause amongst other things, a breach of the peace.
It's possible that NTC would have to take out a civil action to prevent SK from entering the allotment. To do this, they may have to prove that he is not the legal tenant.
At the time of going to press, the police had taken no action. They probably prioritised the event well down the list and were out catching real criminals and would not want to get involved in squables of this nature. They may be asked to turn up to prevent a breach of the peace, (a bit like when the bypass was built) but would probably only stand and watch.
Another NTC knee jerk reaction I suspect.

[Exhausted]

This is probably the meaning of trespass

Although trespassing is no longer considered a criminal offence for the most part in England, up until 1694 trespassing was considered a criminal offence with a fine issued for the breach of peace. Now the only cases in England when trespassing is considered a criminal offence is when there is statutory enactment also present such as a combination of trespassing and forcible entry, or being on dangerous ground such as railway properties.

I doubt if NTC could claim a 'statutory enactment' being present along with forcible entry. Slightly dodgy ground and possibly one where the legal eagles could be laughing all the way to the bank if it ever came to court. It would be civil law however and not criminal law. The ownership of the produce in the ground and possibly that of the shed and its contents may be a contentious issue. It brings to mind the question of what legal rights have NTC over the garden shed and its contents.
I wonder who is advising NTC legally as they suggested in the article that they were being advised. From what I can see, the advice could well be erroneous.

[Simon Kirby]

Thanks for that Exhausted. It was too late to go to press but the police phoned me on Thursday to say that, having reviewed the evidence and being aware of the issues, they would not be taking any action. Not terribly helpful of JSH to accuse me publicly of causing criminal damage, but I hope that he will now want to talk to me directly about ending this dispute.

[NWNREADER]

I think you should formally make NWN aware, and Admin, so they do not treat any information/posts as sub judice

[Simon Kirby]

I think you should formally make NWN aware, and Admin, so they do not treat any information/posts as sub judice

Spoke to reporter on Friday so I believe they are aware of the situation.

[Exhausted]

I think you should formally make NWN aware, and Admin, so they do not treat any information/posts as sub judice

The matter regarding the alleged criminal damage and trespass cannot at this stage be considered sub judice.

The sub judice rule regulates the publication of matters which are under consideration by the court. Matters are considered to be sub judice (Latin for 'under judgment') once legal proceedings become active.

Criminal proceedings are deemed active once a person is arrested, a warrant for arrest has been issued, a summons has been issued or a person has been charged and remain active until conviction. Civil proceedings become active, in England, when the hearing date for the trial is arranged and, in Scotland, when the parties' pleadings have been finalised and the record is closed.

[Cognosco]

The matter regarding the alleged criminal damage and trespass cannot at this stage be considered sub judice.

The sub judice rule regulates the publication of matters which are under consideration by the court. Matters are considered to be sub judice (Latin for 'under judgment') once legal proceedings become active.

Criminal proceedings are deemed active once a person is arrested, a warrant for arrest has been issued, a summons has been issued or a person has been charged and remain active until conviction. Civil proceedings become active, in England, when the hearing date for the trial is arranged and, in Scotland, when the parties' pleadings have been finalised and the record is closed.

Does the Law apply to NTC!

[JeffG]

Criminal proceedings are deemed active once ... and remain active until conviction.

No option of acquittal then?

[Andy Capp]

What ever way you look at this, the Newbury Town Council have handled this badly.