Page 1 of 2

Xxxx
From:
To:
Sent:
Attach:
Subject:

"Xxxx" <xxxxxxx@gmail.com>
<christina.mcgilligan-fell@nelincs.gov.uk>
10 May 2016 14:37
7 Nov 2015 - ocj-complaint-0913.pdf; Perjury to Commit Fraud - 2 Dec 15.pdf; Section 1
Magistrates court complaint - draft.pdf
Fw: False statement to defraud through council tax liability application

----- Original Message ----From: Xxxx

To: peter.hanmer@nelincs.gov.uk
Cc: Tony.Maione@Nelincs.gov.uk ; rob.walsh@nelincs.gov.uk ; Res - Customer Services ;
christina.mcgilligan@nelincs.gov.uk ; philip.jackson@nelincs.gov.uk
Sent: Tuesday, May 10, 2016 1:15 PM
Subject: Fw: False statement to defraud through council tax liability application
Dear Mr Hanmer
I would like to know what progress has been made regarding one of NELC's employees committing perjury
to defraud me.
I have had no reply in almost three weeks and would have expected to have had at least acknowledgement
after a day or so.

Yours sincerely
X. Yxxxx

----- Original Message ----From: Xxxx

To: peter.hanmer@nelincs.gov.uk
Cc: Tony.Maione@Nelincs.gov.uk ; rob.walsh@nelincs.gov.uk ; Res - Customer Services
Sent: Thursday, April 21, 2016 1:00 PM
Subject: False statement to defraud through council tax liability application
Dear Mr Hanmer
False statement to defraud through council tax liability application
North East Lincolnshire Council is already aware through being alerted in a formal complaint regarding one of
it's employees (Court Enforcement officer) committing a fraud offence against me.
In brief, the council made an application to Grimsby Magistrates' court to obtain a Council Tax liability order
relating to Council Tax (2015/16). Payments were made in sufficient amount to meet the legal obligation to
pay the sums set out on the demand notice and so my account was never in arrears.
The Council engineered a 'non-payment' scenario, by allocating monies to a disputed sum which related to a
previous year's account that was under appeal to the High Court. That sum was suspended pending the
court's decision which has yet to be concluded. The council allocate monies to the wrong account
attributing that decision to believing that the sum was no longer being disputed because the appeal had been
withdrawn. I have evidence to support that this claim (included in the witness statement) was untrue, not on
account of it never being withdrawn (though it hasn't), but specifically because it is beyond all reasonable
doubt that the council knew it had not been withdrawn. The council officer had therefore wilfully made a
statement material in the proceeding, which he knew was not true.
The Corporate Feedback procedure was evidently not the appropriate avenue to have the criminal element of
my complaint dealt with as the Council flatly refused to address it, asserting that the concerns raised fell
outside the scope of the complaints process. The Chief Executive, Rob Walsh must be ultimately responsible

03/06/2016

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as he is aware of the criminal allegations and has not, to my knowledge, acted on them. The letter
accompanying the final response to the complaint signed by the Chief Executive contained the following
statement (Ref: NEL/1172/1516):
"The enclosed investigating officer's report details the findings of this investigation which I consider has
been correctly and fairly carried out in accordance with the Council's Feedback Policy."
I have since made enquiries into the Councils policy on fraud and now aware of the approach it takes in
dealing with these matters. I have accessed the relevant documents, whistleblowing policy, anti fraud
framework and the fraud response plan etc. Given that my complaint alleged fraud and the council refused to
address it, details should have been referred to the Audit, Risk, Insurance and Corporate Fraud team
immediately in accordance with the 'Fraud Response Plan' (see relevant para below):
"Complaints officers should consider all allegations of irregularity that may be included in a complaint or
comment and refer all cases to the Audit, Risk, Insurance and Corporate Fraud team immediately on
receipt. Allegations of this nature should be treated through this policy rather than the corporate
complaints procedure as the timetable for investigating and reporting on complaints does not apply to
Complaints of financial misconduct."
I assume the policy was not adhered to as I've not been notified of commencement of an investigation or
whether the matter has been referred to the police. However, I suspect the council has not informed the police
as my own contact with the force has led to no evidence that that is the case.
Though it is unlikely any action has been taken concerning this matter, I would like informing of what steps the
council has taken, if in fact I have assumed wrongly.
In any event, please take this email as an instruction for an investigation to be carried out in accordance with
the council's whistleblowing policy. For your information I have instituted proceedings pursuant to s.1 of the
Magistrates' courts Act 1980 in this matter and a hearing is set for 29 April 2016 for the evidence to be
considered by the court.
In addition, please find attached documents (listed below) which when accompanied by the council's witness
statement and exhibit documents, re 30 October 2015 court hearing, will be all the evidence required. In
accordance with the council's Fraud Response Plan I would expect, subject to legal constraints, that I'm
informed about how the matter is being addressed.
Attached Documents
1. Perjury to Commit Fraud - 2 Dec 15
2. 7 Nov 2015 ocj-complaint-0913 (See from heading Annex A to C)
3. Section 1 Magistrates court complaint - draft

Yours sincerely

X. Yxxxx

03/06/2016

Page 1 of 1
Xxxx
From:
"Cllr - McGilligan-Fell, Christina" <Christina.McGilliganFell@nelincs.gov.uk>
To:
"Xxxx" < xxxxxxx@gmail.com>
Sent:
10 May 2016 19:58
Attach:
ATT00170.txt
Subject:
Read: Fw: False statement to defraud through council tax liability application
Your message
To: Cllr - McGilligan-Fell, Christina
Subject: Fw: False statement to defraud through council tax liability application
Sent: 10 May 2016 14:37:31 (UTC) Dublin, Edinburgh, Lisbon, London
was read on 10 May 2016 19:58:19 (UTC) Dublin, Edinburgh, Lisbon, London.

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