Len,
This is a good one for barrack room lawyers to get their teeth into.
As I read the situation, and of course I may be completely wrong, I think that
while on grounds of plain common sense and morality, St.Helens MBC are
completely in the wrong, I fear that technically and legally they are in the
right.
Rights of access to pre-1974 local authority records were enshrined in section
283 of the Local Government Act 1933. The 1972 Local Government Act repealed all
of the 1933 Act and of course the 1972 Act relates to local authorities which
came into existence in 1974. Though there is statutory provision for public
access to certain local authority records enshrined in section 228(1) of the
1972 Act (and the recently published guidance from the DETR actually relates to
section 224 and hence no wonder you didn't find it of much use) this of course
only relates to authorities which came into being in 1974. Therefore technically
there is now no statutory provision relating to pre 1974 authorities, with the
exception of planning registers, governed by the TCP Acts and Education
Committee minutes governed by 1944 Education Act .
Now most local authorities with a modicum of common sense would realise that if
they have a statutory obligation to make certain post 1974 records publicly
available it follows that material of an earlier date should also be made
available. However I do fear that St Helens MBC may not be alone in its perverse
interpretation of things. I believe that North Yorkshire County Council also
took a similar restrictive attitude to the records of the former North Riding
County Council.
How do you improve the situation? Three suggestions. First write to Private Eye
whose excellent Rotten Boroughs column regularly brings the public spotlight
and derision on the absurd practices of local authorities, especially those in
the North West. Second write to the District Auditor complaining that as an
elector you are being denied access to records. The District Auditor probably
won't want to know but if his curiosity is raised and he raises the issue with
the Chief Executive you never know your luck. Three, also write to the Local
Ombudsman. Again he really won't want to know but he will have to refer it back
to the local authority and if nothing else it will indicate to the local
authority that you mean business. They may make the records available just to
get you off their back.
Richard Childs
West Sussex Record Office
"Leonard Mcdonald" <[log in to unmask]> on 07/09/2000 22:09:55
Please respond to "Leonard Mcdonald" <[log in to unmask]>
To: "mailbase" <[log in to unmask]>
cc: (bcc: Richard Childs/CS/WSCC)
Subject: Access to Local Government records
>From Len McDonald. Help!
Can I consult you wearing another hat? I am, for some awful sins committed in
the past, Chair of the St Helens Historical Society, and I discovered from some
of our members that the St Helens Metropolitan District Council refused to allow
access to most of the records it inherited in 1974 when the Metroplitan County
Councils were set up in 1974.
The new Council inherited the records of two urban district councils, half a
rural district council and the old St Helens Borough Corporation, established
1868. While they are happy to allow access to the urban and rural district
councils they will not allow acceess the Borough Corporation records. The answer
is always that access is denied from the 1930s onwards.
I have been fighting the current Chief Executive on this matter for some months
now and keep getting fobbed with off with some of the feeblest excuses I've ever
heard. At present I'm told the decision will be reviewed in the autumn. Well,
it's that season now.
I looked very hard at the Guidance on "proper arrangements" for archives which
has been published on the DETR website, and it is no help at all.
3.1 Proper arrangements should encompass the preservation of the records,
including storage and conservation; and the provision of access . . . for
enabling members of the public to consult the records (subject to any
restrictions) under supervision".
I've tried embarassing the council by asking the leader of the council why the
Labour Group are so reluctant to let the public see how Labour ran the old
Corporation. What have they got to hide, I asked? He says they've nothing to
hide, and that was when the Chief Executive suddenly got more co-operative and
promised to review the situation in the autumn.
Before I take the Council on again, can anybody give me some help in this,
please ? Wigan has opened their pre-1974 records, has anybody else?
Len McDonald
46 Weaver Ave
Rainhill
PRESCOT, Merseyside
Phone: 0151-426 5273
Mobile: 07775 914796
e-mail: [log in to unmask]
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