What Has Happened Since October 2007?
I was elected democratically in October 2007, to the position of Senior Townwarden completely in accordance with the Charity Commission Scheme of arrangement. I therefore believe I have had responsibility to work with the other feoffees for the good of the Town Estate and thereby for the people of Melton Mowbray.
There is so much good about the Town Estate and Its management but there are some things not as they should be and I have tried to improve things but sadly I have not managed to be as effective as I would have wished. But people of Melton Mowbray, the members of the Charity are entitled to know what happens within their charity.
Since my first feoffees meeting I have not been welcomed or welcome. Since then I have been rubbished, ignored, bullied, humiliated, shouted at, locked out and worst of all, censured for bringing the Town Estate into disrepute. My requests for information are routinely ignored and indeed staff have been instructed to give me no information. The Chairman would not allow me to have a regular spot on the agenda for a Senior Townwarden’s report.
This has hurt and upset me but I have not resigned although I have been sorely tempted on many occasions.
On that October evening I had not expected to be elected. I had lobbied nobody but gave a brief C V and mentioned openness – not long after the Chairman had told the meeting that the Town Estate did not consult local people because they did not have to ! The residents of Melton Mowbray are all voting members of the Town Estate and there are more female than male members but only two of the fourteen feoffees are female.
And could it be coincidence that both female feoffees feel utterly unwelcome and both feel there are some male feoffees striving to drive them off the Town Estate ?
Following my election, the Board of Feoffees decided I was incapable of assuming the position of Senior Townwarden, although my qualifications easily equalled theirs.
I soon realised there were problems. How could an organisation as important as the Town Estate have evolved with such a lack of basic procedures ?
There are no Standing Orders.
There are no written procedures for Townwardens or feoffees.
There are no induction packs.
There is no Code of Conduct.
There is no Equalities Policy.
There are no written procedures for meetings.
No fundraising policy.
No events policy.
The same person is Chairman and Treasurer, both these positions are demanding and it is not good practice for one person to undertake both roles.
There are no treasurer reports for meetings.
There is no system of training for feoffees.
Trustee Law is complex, Trustee responsibilities can be onerous and feoffees need basic knowledge of Commercial Law including Contract. I was shocked when I read a 10 year contract with a commercial business person which had been produced by the business person and agreed and signed by the feoffees. I could see that it had not been prepared by a legally qualified person. After my complaints the agreement was eventually given to the Town Estate solicitor and completely rewritten. And I was the person considered not capable !
The Charity Commission and other organisations produce enormous quantities of guidance but most of it is guidance rather than mandatory and the Charity Commission will only become involved if there is evidence of gross mismanagement or major concerns regarding finance. Trustee Boards are expected to be conversant with the guidance and to adhere to it but most matters are ‘matters for the Trustees’.
There is no legal requirement for groundsmen to be CRB checked but they can be checked on a voluntary basis and in many organisations that is what happens. When I brought it up at a meeting one feoffee shouted ‘Why don’t you tell us which one is a paedophile !’ On another occasion the chairman sighed ‘Not that again !’
We have a duty of care to our beneficiaries and I hope to see a Child Protection Policy in the ver near future.
Many people will be aware that in 2007 the Town Estate decided to take feoffee Sue Gowans to the County Court for payment of an alleged debt regarding the 2006 Victorian Christmas Fayre. Although the Town Estate were well aware that the alleged debt was not Sue Gowans’ it was decided to sue her personally. I had been secretary of the 2006 Victorian Fayre Committee and we were certain that alleged debt belonged with the constituted Committee, including myself and not Sue Gowans personally.
When I became Senior Townwarden, I resigned from the committee but the Court case was pending and I knew I should rightly be a defendant. I was certainly in a very difficult position.
The Claimants were the previous Townwardens. At the February Court hearing, with the agreement of the Judge I had sat with Sue Gowans to help her find any papers she find need, certainly not to speak on her behalf. The Judge deferred the matter to a later date at Leicester County Court and requested that the correct defendant be identified.
At the April feoffees meeting it was decided to censure me for sitting beside the defendant in February, saying I was the Senior Townwarden and speaking on behalf of the defendant. These matters, together with a photograph in the Melton Times had ‘brought the Town Estate into disrepute’. I said I was in Court as I should have been there as
a defendant but the Town Estate solicitor said I was not claimed against and was not a defendant. I denied speaking on behalf of the defendant Sue Gowans and the solicitor has declined to say what words I was supposed to have used.
One feoffee, a pillar of the community, said it was unfair to censure me as I was brainless and unintelligent and obviously did not understand what I was doing. However, he then supported the motion against me.
At the Court Hearing in May 2008 the Judge confirmed I was a defendant and the Town Estate was castigated for their ‘unconscionable’ behaviour (click here to read more about this). An attempt to have the April motion rescinded was unsuccessful, the chairman stating that ‘The outcome of the case may be considered to have been further justification for the motion of censure’ !
There have been many positives whilst I have been Senior Townwarden but I am very sad that I have not been as effective as I could have been. I had a lot to offer but never really had the chance to fulfil what was possible. There was an unsuccessful attempt to start a group of Friends of the Town Estate. Let’s hope the next attempt will be more successful.
Over the centuries the Town Estate was often seen as a bit of a men’s club but that is no longer acceptable. There is a lot of female knowledge and expertise which needs to be included. Any male feoffees who prefer not to work with female feoffees should think hard and perhaps consider resignation. There will be more and more female influence
within the Town Estate , perhaps more of me but who knows ?
My name is not shown on the Charity Commission Website as a Trustee of this charity despite the Town Estate having been reminded that it should be.
As I have said many times, there is so much good within this charity but the charity will not be as successful as it could be unless there is more openness, consultation and accountability.
August 2008