Tag Archives: Tim O'Gara

IDIOT CHIEF COUNCIL LAWYER CREATES CRAP FICTIONAL FACT FINDING REPORT ON SEND SPYING (PART TWO)

A collection of legal interpretations that are such a load of old bollocks it’s hard to put into words

The council openly acknowledge that that they were spying on SEND parents at para 29 of their fact finding report.

SEND  report  para 29


And again at para 41

SEND report  Indexed pack

Having acknowledged parents were spied on, the report concludes with some bizarre legal analysis from council legal boss, “L’ill” Tim O’Gara explaining why nothing unlawful occurred. On the subject of the Regulation of Investigation Powers Act, which regulates how, why and when state actors can spy on us, he says:

SEND report  surveillance

A rather odd conclusion as the relevant legislation on directed surveillance makes no mention of ‘publicly available information’ being exempt as O’Gara seems to think:

RIPA  directed surveillance

Considering that O’Gara’s report acknowledges that the information on SEND parents was obtained on two occasions for what looks like a ‘specific investigation’ in a ‘manner likely to result in the obtaining of private information’ (eg. the identity of anonymous Twitter users and wedding photos), it’s hard to understand how this wasn’t directed surveillance as defined in RIPA.

RIPA authorisation would have meant that rather than providing a useless (and unrecorded) briefing to obtain permission for their dodgy investigation from clueless moron Education Director, Alison “Pervy” Hurley, the managers undertaking the investigation would have had to have obtained formal written advice and authority before undertaking any spying activities. To most normal people, a sensible course of action.

However, any authorisation would have had to come from a magistrate, who would be unlikely to authorise an investigation of parents because they were criticising some thin-skinned local authority managers and their shit service. This is on the simple basis that slagging off the council is not a crime and councils can only spy on people where there’s a reasonable belief that they are breaking the law.

O’Gara reaches similarly offbeat conclusions about data protection and the relevant GDPR legislation designed to protect our personal data from government and corporate snoopers and data thieves. In simple terms, the information council bosses accessed, processed and shared was undoubtedly personal data subject to GDPR legislation.

The council, therefore requires the consent of the owners of this data to process it. Something they clearly did not have. If they don’t have consent, then the council is required to have another lawful ‘reason for processing’ this personal data.

However, here’s O’Gara’s interpretation of GDPR issues raised his by council’s spying activities:

SEND  Report  GDPR conclusion

Where’s the council’s ‘lawful reason for processing’ SEND parents personal data in all this guff? Nowhere in three long-winded paragraphs of red herrings about ‘Data Protection Impact Assessments’ (DPIA) and ‘systematic monitoring’.

There’s no dispute that it was thicko Education Director Alison Hurley’s choice whether or not to do a DPIA, which is basically a risk assessment. Something you might expect a director-level public sector manager to undertake as a matter of course before implementing any new and, potentially, highly controversial policy.

But what’s this got to do with GDPR compliance? Are the council saying they complied with GDPR because they didn’t produce a risk assessment that’s not required? Ironically, a document that might have informed Hurley how to comply with GDPR? But which might have also left a rather unhelpful paper trail directly back to her?

Similarly, the surveillance Hurley authorised may or may not be ‘systematic’ and therefore subject to further regulation but where’s the answer to the crucial GDPR issue: what was Hurley’s ‘lawful reason for processing’ SEND parents’ personal data from the internet without their consent?

This central issue is avoided in O’Gara’s report, which tells ua that their spying activities were done

at the request of Contact and BPCF to substantiate the concerns being raised by BCC about the activity of the [parent carer] forum members;

Para 49, Fact-finding report – Use of social media by council staff re SEND Parent Carer Forum.

Are we being told that if the Bristol Parent Carer Forum requests personal information from the council on the parents it’s supposed to be representing then this exempts the council from the law? This is such a load of old bollocks it’s hard to put into words.

It’s further worth noting that an unnamed ‘Parent Participation Advisor’ from Contact, an allegedly independent national organisation supporting SEND parents, seemed to very enthusiastically encourage the council to spy on Bristol’s SEND parents. They told a council SEND snooper in an email extract at para 20:

I understand that some of the evidence may be subject to GDPR but I have been advised that anything that is posted publically [sic] is ok to share

Para 20, Fact-finding report – Use of social media by council staff re SEND Parent Carer Forum.

Did anyone at Bristol City Council bother to check if this legal opinion was accurate and check the legal credentials of whoever ‘advised’ this ‘Parent Participation Advisor’? Or was it just accepted by a ridiculously thick set of SEND managers and has this inaccurate claim then found its way into a formal council legal opinion, allegedly prepared by three lawyers?

This short, daft report signs off with just one recommendation:

SEND report  Protocol

Would it come as any surprise to learn that this is one great big fat lie too? Bristol City Council Children’s Services has a very detailed protocol called Use of Social Media Sites by Social Care and Safeguarding Staff on the internet in their Bristol Children’s Services
Procedures Manual
.

The relevant section would appear to be:

2.3 Covert/Overt Surveillance and the Regulation of Investigatory Powers Act 2000

Viewing a service-user’s social media content without their specific consent is not necessarily, of itself, unlawful.

However, consideration must be given, in all cases, as to whether viewing the sites constitutes ‘directed surveillance’ under the Regulation of Investigatory Powers Act 2000 (‘RIPA’) and so requires authorisation under that Act. This is a complex area.

Whilst the following general principles apply, each case must be treated on its own facts, and legal advice MUST be sought as necessary:

  • If the consent of the service-user is obtained, then no further authorisation would be required;
  • If consent is not obtained but no privacy settings are in operation to prevent viewing, then the material available on the sites can be regarded as ‘open source’, and so a single viewing would not constitute ‘directed surveillance’ under RIPA and no authorisation would be required under that Act;
  • However, the Chief Surveillance Commissioner (now superseded by the Investigatory Powers Commissioner) made clear his view that repeat viewing of sites by staff may constitute ‘directed surveillance’ and if done covertly (i.e. without the knowledge of that person) then this would be ‘covert surveillance’. This would require authorisation under the Act in the form of a warrant from a magistrate.* It is for the employer to ensure that any covert surveillance is properly authorised, recorded and, most importantly, legally justifiable.

So why has the Director of Education and her SEND managers completely ignored their own publicly available procedures? And why is the Head of Legal Services and his legal team pretending in a report to councillors that these procedures don’t exist and instead published the exact opposite as their legal view?

I think we should be told ...

*******A meeting of Bristol City Council’s People Scrutiny Commission will take place on Monday 12 September at 5.00pm for councillors to discuss this absurd report and next steps. People are encouraged to ask questions, make statements and, if possible, to attend and jeer at any spying director or manager scum in attendance (that’s if they have the balls to attend – look out for last minute sick notes). Details on asking questions and putting in statements are here under ‘Public Forum’.

‘VOTE HOW WE SAY OR ELSE’ SENIOR COUNCIL BOSSES TELL COUNCILLORS

Bristol City Council’s country bumpkin Monitoring Officer, Labour-supporting and Marvin-loving “L’ll” Tim O’Gara who, as far as we can tell, learned his local government law via some scam correspondence course based somewhere in Latvia (‘Easy obtaining of the degree from the world famous Oxbridge University’), has instructed councillors not to vote against the Reverend’s budget because they could end up in court! He’s joined in this fool’s errand of blatant political interference and bullying by council finance boss Denise “Disease” Murray.

In a letter, sent today, to all councillors regarding Tuesday’s budget meeting that the Reverend doesn’t have a majority to force through, L’il Tim and Disease also instruct democratically elected councillors on how they should vote:

“In practice, if councillors do not wish to support the Mayor’s budget then councillors should consider recording their lack of support by abstaining from the vote on those parts of the budget that they do not support.

THE CONSEQUENCES OF VOTING AGAINST THE BUDGET (rather than abstaining) COULD BE LEGAL. FINANCIAL AND REPUTATIONAL” [our emphasis]

They then sign-off their piece of anti-democratic legalistic mumbo-jumbo with a charming threat:

“If it can be demonstrated that councillors acted deliberately to prevent the council from setting a balanced budget, then this could be seen as a breach of the Member Code of Conduct.”

Are this pair of unelected jackarses threatening to discipline our elected councillors who don’t vote the way they’ve told them to?

I think we should be told. Preferably in their resignation letters to the people of Bristol first thing Monday.

Letter 1
Letter 2
letter 3

WET AND WEAK MONITORING OFFICER DROPS HIS TROUSERS AND BENDS OVER FOR THE MAYOR AGAIN

O'Gara

“L’il” Tim O’Gara, the city council’s weak and woolly Monitoring Officer, is at it again.

Richly rewarded to be a tough and independent voice at the council, keeping the Mayor, councillors and staff in line and acting according to the council’s constitution and policies, “L’il” Tim has consistently failed at this. Instead he has carved out a reputation for doing whatever the mayor tells him, regardless of propriety or the law.

Among his many handiworks has been turning a blind eye to the Reverend’s lack of any apparent open sale or procurement process as our valuable land at Arena Island is handed over to pension fund L&G. They will develop the land at a considerable profit to themselves while lumbering us with a 40 year rental charge for an already obsolete office block they intend to build.

O’Gara was also behind hiding vital Bristol Energy documents, such as dodgy business plans and realistic accounts, from the councillors and the public. A dumb practice only helpful to the Reverend, keen to hide his fundamental incompetence, now condemned by the council’s auditors. “L’il” Tim’s work almost certainly helped the shambolic energy reseller run up a £43m debt for council taxpayers.

Now we learn “L’il” Tim has turned his attention to next week’s motion before the Full Council to have a referendum on whether we should continue to have a mayor. And “L’il” Tim has helpfully allowed the Reverend to table an amendment to the Lib Dem’s motion stating that the alternative to the Mayor should be a leader and Cabinet system not the committee system requested by the Lib Dems.

This is odd because last year, when the Lib Dems put in a similar motion, proposing a leader and cabinet system, the Greens tabled an amendment to change it to a committee system. Only for O’Gara to pop up and dismiss the Greens stating it was a “wrecking amendment”. 
So what’s changed now? Apart from it’s the Reverend (who O’Gara’s shit scared of) tabling this latest and similar amendment?

Why is some weak and useless tosspot of a Monitoring Officer allowed to be entirely partisan and fuck about with our city’s democracy like this? With his limited legal skills, mental weakness and poor character, might “L’il” Tim be better suited to provincial house conveyancing practice rather than to the political cut and thrust of a core city local authority where the bullies and thugs tend to congregate at the top?

“L’il!” Tim is a wimp and a coward and he now really needs to fuck off before he does any more damage to our city.

ARSELICKERS TO SUE GOBSHITES AS FAVOUR TO REES?

HR meeting
“The best HR Committee meeting in years”

With the election safely over and the Reverend Rees restored to his rickety pulpit held together with gaffer tape and the prayers of his best friends, including Bristol City Council Chief Exec Mike “Billie Jean” Jackson and Monitoring Officer, “L’il” Tim O’Gara, it’s time to get down to the serious business of governing Bristol.

And the first item on the agenda? Is, er, getting a couple of gullible council managers to sue the Reverend’s chief political critics, Councillor Gary “Meathead” Hopkins and Councillor Richard “Bunter” Eddy for defamation!

It’s been alleged in the Nazi Post that our dear old friend, the council’s useless pillock of a Director of Workforce, John “Bedwetter” Walsh, and his latest dimwitted sidekick, Facilties boss David Martin “Bore-mann”, have “served [Bunter and Meathead] with a defamation claim demanding a retraction, public apology and damages”!

This appears to be in relation to comments Meathead and Bunter made at at a Human Resources Committee Meeting on February 18 and reported in The BRISTOLIAN at the time.

In response to ludicrous claims from Walsh and Martin that cleaning and security staff that they had formally consulted were entirely in favour of being outsourced to Bristol Waste from Bristol City Council, Bunter replied that the bosses’ comments were “worthy of Dr Goebbels and the Third Reich.”

Meathead also frankly responded to Walsh and Martin’s unevidenced claims with “I don’t believe a word of what’s been presented to us by the management side.”

Get on standby, then, for the trial of century as two idiot council managers attempt to sue two councillors for making fair comment on the basis of the evidence presented to them.

On the one hand there was ZERO evidence presented by Walsh and Martin to back their claims. On the other there were TWO trade union written statements that the staff involved were deeply unhappy with the management outsourcing proposals.

What will M’Lud make of it all?