DUTIES OF THE MONITORING OFFICER

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DESIGNATION AND REPORTS OF MONITORING OFFICER

        5.—(1) It shall be the duty of every relevant authority —

 (a) to designate one of their officers (to be known as "the monitoring officer" ) as the officer responsible for performing the duties imposed by this section; and

 (b) to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow those duties to be performed;

and the officer so designated may be the head of the authority's paid service but shall not be their chief finance officer.

    (2) It shall be the duty of a relevant authority's monitoring officer, if it at any time appears to him that any proposal, decision or omission by the authority, by any committee, sub-committee or officer of the authority or by any joint committee on which the authority are represented constitutes, has given rise to or is likely to or would give rise to—

 (a) a contravention by the authority, by any committee, sub-committee or officer of the authority or by any such joint committee of any enactment or rule of law or of any code of practice made or approved by or under any enactment; or

 (b) any such maladministration or injustice as is mentioned in Part III of the [1974 c. 7.] Local Government Act 1974 (Local Commissioners) or Part II of the [1975 c. 30.] Local Government (Scotland) Act 1975 (which makes corresponding provision for Scotland),

to prepare a report to the authority with respect to that proposal, decision or omission.

    (3) It shall be the duty of a relevant authority's monitoring officer —

 (a) in preparing a report under this section to consult so far as practicable with the head of the authority's paid service and with their chief finance officer; and

 (b) as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority.

Local Government and Housing Act 1972

GUILTY AS CHARGED

Wealden District Council have failed to comply with the clear requirements of the above Act.  A Public Question was asked at a full council meeting as to the failure of this Council to act lawfully.  Valerie Chidson, the then Leader of the Council replied to the public question (read by Nelson Kruschandl) confirming that her Council had not complied with statutory requirements.  The Local Government Ombudsman is aware of the situation, but has done nothing to ensure Wealden District Council's Monitoring Officer, makes report in connection with several findings of maladministration.  How well is your council performing?