Welcome to Ennerdale and Kinniside Parish Council

Statement from Ennerdale and Kinniside Parish Council on Recent Misinformation

Following recent public discussions and statements, we wish to ensure that accurate information is available to residents. The following clarifications address misleading claims made regarding council decisions, legal matters, and governance.

Council Meeting Cancellations

Claim: The September meeting was cancelled unfairly, despite objections.
Fact: The majority of councillors agreed to cancel the meeting, due to the Clerk having worked excess hours dealing with various challenges from a very small minority of parishioners. There was no urgent business, and therefore the cancellation was viewed as a prudent cost saving measure. It was removed from the calendar before any objections were received.

Claim: The November meeting was cancelled and rescheduled without input from councillors.
Fact: Councillors were given multiple options, including holding a meeting with a locum Clerk or without a Clerk, or postponing. The majority, including Nancy Rowson, supported a short postponement of the meeting.

Claim: Meetings are cancelled due to the Clerk’s other work priorities.
Fact: No meetings have been cancelled due to the Clerk’s commitment to other employers.

Claim: The Town Council meetings are the day before the Parish Council.
Fact: That is incorrect, but also not relevant to E&KPC meetings.

Councillor Disqualification & Legal Responsibilities

Claim: The Clerk is responsible for preventing councillor disqualifications under Section 85 of the Local Government Act 1972.
Fact: It is a councillor’s duty to monitor their attendance and ensure they meet legal requirements. The Clerk has no obligation to track this on their behalf.

Claim: The Council wrongly ruled that absences due to COVID did not qualify as an approved absence and the LDNPA meeting did not count.
Fact: The terms "approved absence" and "qualifying attendance" have specific legal definitions. Because these criteria were not met, the disqualification was automatic in accordance with Section 85 of the Local Government Act 1972.

Claim: The Council failed to obtain independent legal advice.
Fact: Legal advice was obtained from a solicitor, as recommended by Cumberland’s Senior Legal Officer and was shared with councillors.

Claim: Public law allows for reasonableness and fairness.
Fact: Independent legal advice confirmed that the councillors were disqualified.

Handling of Complaints Against Former Councillor Taylor’s Bridge Construction Works

Claim: The Clerk forwarded complaints without giving the Taylors a chance to defend themselves.
Fact: The complaints were first brought to Mr. (Cllr) Taylor's attention privately, allowing him time to respond, before they were shared with councillors as required by procedure.

Claim: Mr. Taylor was reported to the police under the Localism Act.
Fact: The inference is that the Parish Council was involved. For clarity, this complaint was not instigated by the Parish Council. The monitoring officermade the report after Mr. (Cllr) Taylor refused to declare a Disclosable Pecuniary Interest (DPI) and leave the room during a discussion in which he had a financial interest.

Claim: Complaints were forwarded to external agencies without council approval.
Fact: The Council formally agreed in September 2022 (Minute 785/09/22) to refer complaints to the appropriate authorities. https://eandkpc.co.uk/media/Meetings/Minutes/2022/Approved%20minutes%20of%20meeting%2027-09-22.pdf

Claim: The Clerk’s actions were unauthorised and violated data protection laws.
Fact: Mr. Taylor submitted a data breach complaint to the Information Commissioner’s Office (ICO). The ICO ruled that no breach occurred.

Defamatory Claims About the Council

Claim: The Council sent defamatory letters.
Fact: No defamatory letters were sent by the Council.

Claim: The Council falsified meeting minutes.
Fact: All minutes are approved by a majority of councillors before being signed as an accurate record. They are available for public inspection.

Common Land & Timber Decisions

Claim: Richard Taylor secured timber as an asset for the Parish.
Fact: He was delegated authority to confirm common land boundaries with Forestry England. Timber was never part of this discussion.

Claim: The Clerk took control of the timber discussions without authority.
Fact: The Clerk merely acknowledged an email from Forestry England's land agent and copied in Mr. (Cllr) Taylor. Mr. Taylor later chose to withdraw from the discussions, stating that he needed to do this himself, after the Clerk asked to be kept informed. He also issued a statement to the Council protesting that he’d had no contact with the land agent. However, the Clerk had copies of multiple emails proving that he had been in regular email and telephone contact with the land agent and had been attempting to arrange site meetings without informing the Clerk or the Council.

Claim: The Clerk authorised the removal of timber without council approval, resulting in a loss of £50,000–£100,000.
Fact: The Council debated this on a few occasions and eventually agreed to allow Forestry England to remove the timber. They had offered to leave the timber in situ, but there had been fears for safety and that it would become an eyesore. After the decision had been made and the agreement had been signed, the Council received an offer of £500 from a parishioner.

Parish Council Finances & Decision-Making

Claim: The Clerk’s salary has increased unfairly.
Fact: The Clerk has received only the annual national NJC pay settlement as contractually required. No discretionary increases have been granted.

Claim: The Clerk is in breach of her contract by working for another employer.
Fact: There is no breach of contract.

Claim: The Clerk was paid for attending a disputed meeting.
Fact: The Clerk’s timesheet, which was provided through a FOIA request to one of the speakers at the meeting of 27^th February, confirms that she was not paid for attending.

Claim: Expense claims are unchecked.
Fact: All expense claims are authorised by the council and supported by receipts.

Claim: The Clerk is not entitled to holiday pay.
Fact: The Clerk is hourly paid, and hours vary according to the workload. Holiday pay is calculated in line with national regulations and council procedures since 2016.

Claim: The public were excluded and asked to leave the room during the budget discussions. Fact: The budget was discussed in an open meeting and properly approved. The minutes are available here:https://eandkpc.co.uk/media/Meetings/Minutes/2025/Draft%20Minutes%20of%20Council%20Meeting%2021-01-25.pdf

Claim: The Council holds "secret meetings."
Fact: All decisions are made publicly in council meetings, except where confidentiality rules apply.

Claim: The Carlisle Monitoring Officer is currently investigating two separate Code of Conduct complaints against the Chair, including allegations of bullying and misuse of position.
Fact: A complaint was lodged in November 2023 and fully investigated. The final report in January 2025 found no evidence to support the allegations. If permitted, we will publish the full findings.

Claim: Despite evidence proving the letter’s falsehood, the Clerk and the council did nothing about a defamatory letter before the last election.
Fact: Mr Taylor was a member of the Council at the time and did not ask the Council to do anything. Despite this, the Clerk spoke to the Cumbria Association of Local Councils and Copeland Borough Council about the letter. They said that they could not take any action. They advised that if there was misinformation within the letter that related to the Council, then it could issue a statement to correct it. Mr Taylor had not provided any “evidence proving the letter’s falsehood”, and neither did any other councillor suggest that there were any inaccuracies within the letter that required correction.

Claim: Public participation is restricted.
Fact: Public comments must relate to agenda items, per NALC standing orders. Council meetings are to transact the business that is on the agenda and are not a public meeting. If you wish to discuss matters not on the agenda, please email the Clerk at least 48 hours before a meeting, and we may be able to provide you with an answer at the meeting, or in writing afterwards. Two individuals have been sanctioned, and are not allowed to speak, due to repeated unacceptable behaviour.

Claim: The Clerk is not responsive
Fact: The Clerk has received no correspondence from the complainant, so is unaware of what response is required.

Access to Accurate Information

To ensure transparency, we encourage residents to review publicly available meeting minutes, financial records, and policy documents on our website:https://eandkpc.co.uk/

We remain committed to fair, open, and fact-based governance. If you have any concerns, please contact Jane Ollerenshaw,Clerk@eandkpc.co.uk for clarification.

Ennerdale & Kinniside Parish Council
10^th March 2025

This statement is released in accordance with the Council’s Press and Social Media Policy.

Minutes from the meeting containing the incorrect information attached for reference.