In January 2004, while employed by CLaSS, in conversation with a colleague, I first heard that there were delays in transferring teachers pension payments over to the Teachers’ Pension Fund. A few days later another colleague referred to the matter. I started to ask questions. So began seven years of enquiries which led nowhere. To this day my questions have not been answered.
The very existence of a problem with the council teachers’ pension fund was both confirmed and denied at all levels, from teachers through administration up to council.
In January 2004, Dr Maureen Green, then Head of the CLaSS, confirmed that there was a problem transferring pension payments over to the TPF. She added: “You need to know that WF is not the only Council in this position but that does not make it OK. I have been supporting NATFHE to try to hasten the process. I agree that it is unacceptable.” NATFHE, the CLaSS teachers’ union, confirmed her support.
The existence of CLaSS teachers’ pension problem was
- Stated by CLaSS colleagues A & B (early January 2004)
- Confirmed by Dr Maureen Green, CLaSS Head of Service. (22 January 2004)
- Confirmed by other CLaSS employees, (January, February 2004)
- Confirmed by NATFHE, CLaSS (January, February 2004)
- Reconfirmed by colleague B, (17 February 2004)
- Denied by colleague B, who now seemed to be under duress. (20 February 2004)
Denial copied to Angela Diamond, then head of ESOL
- Subsequent events redacted
Meanwhile some retired teachers were not receiving their pensions.
Very concerned, and being a member of the Labour Party, I raised this matter for East Branch’s attention. Throughout 2005 enquiries regarding CLaSS TPF payments met a wall of silence:
- I asked branch to invite a delegation from NATFHE Head Office who wished to speak to branch.
This was refused.
- I then asked branch to invite the CLaSS Head of Service to address branch.
I was again refused.
- Cllr Chris Robbins, then Head of Life Long Learning was guest speaker at the December 2005 meeting. A senior councillor protected him from questions about CLaSS and pensions. Cllr Sweden, a member of East Branch, wrote that had he been branch chair at the time he would have dealt with the matter differently.
On 31 December 2005 I resigned from CLaSS
In September and October 2005 I sent several unanswered resignation letters to CLaSS
In January 2006 CLaSS administration phoned me to ask whether I was working for CLaSS
However, council kept my name on their records as ‘employed’ for some 2½ years and in 2008 offered me retirement advice, even though I had retired from teaching at another institution some 15 years earlier.
On 1 June 2006 I wrote to Phill Cox, Head of Human Resources about CLaSS teachers’ pension problems.
He requested a meeting with me in my home, resulting in
- Confirmation, at a meeting with Phill Cox and Gerry Kemble, then Head Life Long Learning. (August 2006)
- Reconfirmation: 16 months later (Dec 2008), Cox gave a written answer to questions raised at the August 2006 meeting, but only after chief executive Andrew Kilburn demanded a response
CLaSS court action
During 2006 Anne Perez, then CLaSS Deputy Head of Service, agreed to Council’s taking court action to recover from me an alleged overpayment - which according to their own P45 did not exist. This smacks of malice resulting from my letter of 1 June 2006. In 2007 a Default Judgment from Bromley County Court resulted in my name being put on the debtors list and the threat of bailiff action. Council withdrew their action only at a 'Set Aside' court hearing.
Subsequent enquiries about TPF problems brought
- Evasion: WF Chief Executives Jacquie Deane and Roger Taylor passed my letter to council officers who evaded or denied the problem (2007)
- Denial by Gerry Kemble, Children and Young People Services (15 July 2009)
- Denial by Shirley Orijh, Corporate Law Team LBWF (19 March 2009)
- Denial by Council Leader, Cllr Chris Robbins (17 November 2009)
Responding to further inquiries about teachers pensions under the Freedom of Information Act, the Council’s Directorate of Governance and Law stated “there was no money involved”, and the Council Leader, Chris Robbins, categorically declared: “there was no failure on the part of Waltham Forest to transfer appropriate monies to the (TPF) scheme.”
Amazingly, Cllrs Bean and Barnett seemed unaware of a TPF problem (meeting 24 November 2009)
Cllr Barnett promised to investigate the matter with NATFHE, resulting in:
- Evasion: after investigating the issue, Cllr Barnet refused to reveal any findings.
At a subsequent meeting , Cllr Michael Lewis too seemed unaware of the TPF issue
- Denial by Duncan Pike, Asst Director of Resources (2 July 2010)
Cllr Robbins, the council leader, asked me to meet Gerry Kemble to address my concerns. Result -
- Evasion: On 11 Feb 2010 at a 1½ hr meeting, Gerry Kemble stonewalled and obfuscated the issues, explaining nothing. I asked him for a written response.
In spite of requests from me and Cllr Sweden, no answers were forthcoming.
Six months later, on 17 August 2010 Kemble sent an inadequate, evasive response, this only after a solicitor’s demand.
- Evasion: Anne Perez, Head of CLaSS ignored letters asking for an explanation of CLaSS TPF problems. (2007)
- Evasion: In March 2011 Chief Executive Martin Esom, said:
"In terms of the financial statements of what happened to the CLaSS teachers' pensions in 2004, we have taken legal advice and the Council cannot disclose this information to you. The statements are confidential and will contain personal data within the meaning of the Data Protection Act 1998 and it would not be in accordance with the data principles under the Act to disclose this information to you. Further, this would exempt disclosure under section 40 of the Freedom of Information Act 2000."
To confirm council’s stance on CLaSS pension problems I asked Cllr Angie Bean to arrange a meeting with the Chief Executive, Martin Esom
- Evasion: Martin Esom, Althea Loderick, Head of Human Resources, and three Labour Councillors refused to say what happened to CLaSS teachers pension money in 2004. (meeting 23 May 2011)
Using a Freedom of Information request, I asked Council and CLaSS for a copy of my personal file and my original contract of employment. Result:
- Evasion: On 4 August 2010, I wrote to Cllr Barnet, saying I had paid for a complete copy of my personal file and expected to receive exactly that, not an expurgated version. I asked him to ensure that Anne Perez, Head of CLaSS, provide me with all the missing documents. Nothing further was heard.
- Evasion: In March 2011, Martin Esom, Chief Executive. said that my original contract of employment and personal file could not be located
Over these years, whether by accident or design, council lost many talented officers. These included Chief Executives Jacquie Deane and Andrew Kilburn. Also, notably, the CLaSS Head of Service Dr Green and the Head of Human Resources Phill Cox, all of whom had acknowledged the existence of a pension problem.
Council’s lack of openness and its persistent refusal to explain what happened to teachers pension payments in 2004, does no credit to Council and its officers. Also, it does no credit to councillors representing Waltham Forest and betrays residents and those party members who helped elect them to office in their positions of trust.
Matters such as Council protectionism and the ‘cover-up and protect your back’ culture are unacceptable in democratic government. Maladministration and fraud affects council’s present performance and the performance of future councils and our society’s future.
Over recent years, through a lack of political leadership, council lost its direction, and now seems to have no long term vision for the future of our society. Councillors are still unaccountable for the actions of their officers.
I resigned from the Labour Party on 25 April 2012 |