Update: "Independent investigator" still on Solicitors' roll/regulated by SRA, but does not hold a practising certificate

(Post made at 0926 UK BST time on 14 Sep 2018 in a personal capacity.  Please see here for important background and disclosure of interests).

This is an update on my previous posts (here and here).

Having made enquiries of the Solicitors Regulation Authority (SRA), the position of the "independent investigator" from View HR Ltd is more complex than it seems from the View HR website (which states that he/she is a "former" lawyer - solicitors who are no longer on the roll have to describe themselves as "former" solicitor):

He/she is still regulated by the SRA, and still on the roll of Solicitors, but does not currently hold a practising certificate.  I have asked the SRA when this member stopped holding a practising certificate.

Until now, I was under the impression (from the View HR website stating that he/she is a "former HR and employment lawyer") that he/she was not regulated by the SRA.  I have also asked the SRA to clarify what regulations/code of conduct someone on the roll of Solicitors but without a practising certificate is subject to.

I do not believe this changes the position that without a practising certificate, the investigator was not entitled to be a member of the Employment Lawyers Association (ELA) and hence to hold himself/herself out as one.  The ELA seem to have agreed (or the member himself/herself), since within 3 days of my querying the person's entitlement to ELA membership, that membership has ceased.

Bournemouth and Poole College paid a fake "Employment Lawyer" to investigate our formal complaints

(Post made at 1039 UK BST time on 8 Sep 2018 in a personal capacity.  Please see here for important background and disclosure of interests).

The short version of my earlier post is:

My wife and I made two detailed formal complaints to the Bournemouth and Poole College last year about in our view very poor treatment (in her case, of her after 13 years of very dedicated service, and in my case, of schools, some staff, and children including one with a disability) at the Centre for Wessex Young Musicians.

The College appointed an "independent investigator" from an outside firm (View HR Ltd) who has been falsely claiming membership of the prestigious Employment Lawyers Association (ELA) for at least the last two years, by falsely claiming to them (and to the world via their ELA member page) that they were a practising current solicitor when they have not been since at least June 2016.

Claimed to be a practising solicitor but was not. Was not entitled to be an Employment Lawyers Association member

This fake "Employment Lawyers Association" member then, rather like a fake "doctor" who examines only one leg and pronounces that all is well, conducted an extremely unprofessional "independent investigation" in which they effectively only looked at one side of the evidence (the College/CYWM's). (Along with many other procedural irregularities).

The fake employment lawyer gave the College and CWYM a clean bill of health and said that after their "exhaustive investigation" the College would not consider an appeal.

The ELA appears to have acted swiftly and professionally

I contacted the ELA with my concerns about the membership qualifications of this View HR Ltd "investigator".

Three days later this person was no longer a member.  

How much did the Bournemouth and Poole College (a registered charity) pay this fake ELA member/VIew HR Ltd? 

The "independent investigator" who did such a questionable job investigating our complaints about Bournemouth and Poole College was not a current solicitor so was not entitled to be an Employment Lawyers Association member

(Post made at 0055 UK BST time on 8 Sep 2018 in a personal capacity.  Please see here for important background and disclosure of interests).

The investigator (from ViewHR Limited) who in my opinion did such a questionable job of "independently investigating":

• my wife's complaint (about the way the College and Centre for Wessex Young Musicians had treated her), and 
• my complaint (mainly about poor treatment by the College and Centre for Wessex Young Musicians of other schools, some members of staff and some children including one with a disability)

was a member of the Employment Lawyers Association (ELA) both at the time of the investigation and until a few days ago.

Incorrect claim on his/her ELA member page that he/she was a practising solicitor. Was an ELA member despite not being entitled to be one

Employment Lawyers Association (ELA) members self-certify that they are practising solicitors or barristers who spend at least 25% of their time practising employment law (see the bottom left of https://www.elaweb.org.uk/membership).

A year ago, Bournemouth and Poole College and the Centre for Wessex Young Musicians carried out an act of senseless destruction, which was not in the interests of the children in my opinion

(Post made at 1727 UK BST time on 11 May 2018 in a personal capacity.  Please see here for important background and disclosure of interests).

An act of destruction

11 May 2017: an act of destruction at the College and the Centre for Wessex Young Musicians

In my view, a year ago (on 11 May 2017), Bournemouth and Poole College and the Centre for Wessex Young Musicians carried out an act of senseless destruction, which was not in the interests of the children or the Centre.  By dismissing a very popular teacher after 13 years of extremely dedicated service, without notice, explanation or thanks, and 3 weeks into the start of the summer term. The day after she had raised concerns informally over the management style at the Centre. She left that meeting (with a senior person at the College) feeling that her concerns had been listened to, and with the understanding that things were going to improve. Yet the very next day she was dismissed in such a callous, senseless manner.

The teacher concerned - my wife - was devastated.  Many, many, parents told us that they were too, and most important, 60 to 70 children from the Wessex Starter and Middle Strings were unable to understand why a teacher they had known in several cases for years (and in many cases had been very fond of) had disappeared suddenly, without reason or even being able to say goodbye.  Many parents found it incredibly difficult to explain to their children what had happened. Readers will have to judge for themselves whether the College's actions then and since are in line with its stated culture.

I heartily recommend the Secret Barrister's book "Stories of the Law and How It's Broken"

(Post made at 1406 UK BST time on 13 Apr 2018 in a personal capacity.  Please see here for important background and disclosure of interests).  

For anyone interested in UK law and in particular the parlous effect of successive cuts on our justice system, I can heartily recommend this book:

The Secret Barrister: Stories of the Law and How It's Broken

Here is an excerpt from the chapter which exposes the increasing number of false complaints:

But there will be cases where there is simply no other approach than to firmly and clearly put to a witness: you are lying.  And to make them relive every second of the events they describe so that you can clinically and decisively shred every sentence they deliver, building to a closing speech where you publicly implore a jury to reject the complainant as a liar.

I have made contact today with the Bournemouth and Poole College's Board and I was also contacted by Ofsted

(Post made at 2246 BST on 26 Sep 2017 in a personal capacity.  Please see here for important background and disclosure of interests). 

I have just managed to contact a member of the Bournemouth and Poole College's Board directly (as you recall the College refused to pass on my concerns to that Board). I have asked for a formal response from the Board.

As a result, I now hope that my concerns (and those of the other parents and teachers whose evidence formed the basis of my complaint to the College) will be properly addressed.

Response by CWYM refusing a request by a school Head of Music for WYO pupils to be released from an EXTRA Wyo REHEARSAL to attend a school CONCERT on a weekday

(Post made at 1558 BST on 26 Sep 2017 in a personal capacity.  Please see here for important background and disclosure of interests). 

This is just one example of written evidence that seems to have been completely ignored in the surprising complaints investigation carried out by View HR Limited:

The WYO "Key Facts" document stated "in the event of a clash, the WYO expects the school event to take priority".  By contrast (and bear in mind that the rehearsal in question was just one of 6 extra rehearsals):

A school Head of Music wrote in late February 2017 that s/he had discovered that a WYO extra rehearsal clashed with a school concert on a weekday in March, and asked either for the WYO players involved to be released (as they were key players who younger pupils at the school looked up to as an example) or the head of music offered to rearrange the school concert timings that evening so that the players could participate both in the school concert and part of the WYO rehearsal.

The Centre's response (in an email on 3 March 2017) was to say that it was entirely up to the parents and WYO players whether to attend school events or WYO weekday rehearsals: “Yes we have some extra rehearsal time scheduled before the Gala Concert in March, but attendance at these weekday evening rehearsals is solely at the WYO members' and parents’ discretion and nothing to do with me. I have made it very clear to the WYO families that if they choose to attend WYO instead of a school event, that they must make it clear to the school that it is their decision and not mine - I do hope that this has been the case. Quite simply, weekday attendance is not my call.”

Open letter to the Bournemouth and Poole College's solicitors

(Post made at 1127 BST on 26 Sep 2017 in a personal capacity.  Please see here for important background and disclosure of interests. Update 0531 BST on 27 Sep 2017: please see the comment below this post to see the College's solicitors' reply). 

From: Patrick Lee
Sent: 26 September 2017 11:24
To: johnandrews@steeleraymond.co.uk
Subject: Re Bournemouth & Poole College (your letter of 14 July 2017)

Open letter (i.e. public and non confidential)

Dear SteeleRaymond LLP

I refer to your letter of 14 July 2017 to me, titled “Bournemouth and Poole College”.

I believe your client (“the College”) may not have given you a full or accurate picture of the situation.  In particular with regard to the evidence supporting my concerns and those of other parents and teachers, and to the fairness and integrity of the independent complaints investigation carried out by View HR Limited, and hence the integrity and appropriateness of the College (and by extension your firm) relying on the outcome of that investigation.  Please confirm whether the College disclosed to you the full contents of my email of 26 June 2017 to the investigator (via the College member of staff appointed by its Quality Department as the point of contact), headed “Formal complaint with items numbered for clarity and ease of reference”?  You say in your letter that you do not believe that there is any evidence to substantiate the allegations I have made – did you make that statement despite having read my email of 26 June 2017 just referred to?

Bournemouth and Poole College: a failure of governance because of a lack of accountability and little apparent concern for ethics

(Post made at 2245 BST on 25 Sep 2017 in a personal capacity.  Please see here for important background and disclosure of interests). 

In my opinion a flawed complaints system (which is being used to silence criticism rather than address it) is preventing accountability for poor practices.  In what way is the College accountable for what I believe to be very poor ethical behaviour, if it accepts the results of a manifestly flawed (and itself unethical, because of incorrect statements that no witnesses came forward to support complaints) "independent" complaints investigation?  Where is the accountability and ethics in the College refusing to allow an appeal despite the clear flaws in the investigation?  Where is the accountability in the College refusing to allow my concerns to be passed on to its Board? How is the College's refusal to investigate items complained about not a violation of its Complaints Policy? Aren't all these things further evidence of unethical behaviour and a failure of culture, governance and leadership at the Bournemouth and Poole College?

My concerns about the current operation of the College's Complaints Policy

(Post made at 1957 BST on 15 Sep 2017 in a personal capacity.  Please see here for important background and disclosure of interests).  

In my opinion, based on my recent experience, there are many things about the current operation of the Bournemouth and Poole College's Complaints Policy that are inconsistent with good practice. Here are some of them:

The independent investigator appointed (and paid, although this is itself is not unusual) by the College objected to my taking a netbook (a small computer) to my first meeting with her, saying it made her feel uncomfortable, and there was no need for me to take notes because a notetaker from the College was present. I explained that I wanted to be able to refer to correspondence, and to take my own notes.  She insisted that she would prefer me not to. I therefore agreed to close the netbook. Soon in the meeting she asked me questions that I needed to refer to correspondence to answer, so I asked (and was granted permission) to temporarily open the netbook.  Towards the end of the meeting, I wanted to make a note of some action points that were down to me as a result of the meeting, so again I asked (and was granted permission) to write them down in my netbook. I said it was irregular that I was not allowed to take my own notes, in the way that I have done throughout my career to date, including meetings with senior lawyers, and in sensitive discussions.

The other complainant (my wife) had presented a detailed written statement to her first meeting with the investigator. (Her complaint and mine were being treated by the College as a joint complaint and were being investigated by the same investigator, albeit with separate meetings).

Response eventually received from BPCollege Principal, very unsatisfactory in my opinion

(Post made at 1112 BST on 29 Aug 2017 in a personal capacity.  Please see here for important background and disclosure of interests).  

See the comment added on 21 Aug 2017 to my previous post.

No response yet from BPCollege to my letter re significant concerns about the impartiality and fairness of recent complaint investigation

(Post made at 2354 BST on 31 Jul 2017 in a personal capacity.  Please see here for important background and disclosure of interests. Update 01 Sep 2017: response eventually received from the College, please see the comment below this post).  

This is a follow up to the preceding post.  Here is a copy of an email I sent earlier to the College (the chain of emails referred to is shown in the preceding post and this one):

Open letter:

Dear Bournemouth and Poole College Principal (cc Quality team)

I do not appear to have had any response to my requests, despite asking that correspondence be forwarded to someone deputising for you in your absence:

1. (see my email of 14 July below to your Quality team) “Please advise me which external agency is most appropriate.”
2. (see my emails of 17 July below), asking for confirmation that my email of 1017 on 17 July has been forwarded to the Chair of the Bournemouth and Poole College Board together with my comments “Please also forward this to James Hampton, Chair of the Bournemouth and Poole College Board – I wish the Board to be aware of my concerns about the way this investigation has been conducted and to ask for a response from them.”

Please would you provide me with responses to 1 and 2 above as soon as possible, and no later than 1700 on Friday 4 August.

Yours faithfully

Patrick Lee

One more witness confirms s/he was not contacted by the College/Independent Investigator

(Post made at 1757 BST on 18 Jul 2017 in a personal capacity.  Please see here for important background and disclosure of interests)

So far this makes a total of 6 supportive witnesses who say they were not contacted, and 2 who were, but were given a very unreasonable deadline (just over three hours before midnight to reply the same day).

If key witnesses for one side are not called, how can the process be impartial?

(Post made on 17 Jul 2017 in a personal capacity.  Please see here for important background and disclosure of interests)

Formal complaint to Bournemouth & Poole College was not upheld "no witnesses came forward to support": several confirm they were NOT contacted ...

(Post made on 14 Jul 2017 in a personal capacity.  Please see here for important background and disclosure of interests).

Copy of email sent to Bournemouth and Poole College's Quality Department (the department that handles complaints, any letters or emails of complaint are sent to this department for action)

From: Patrick Lee 

Sent: 14 July 2017 17:27

To: 'Quality' <quality@bpc.ac.uk>

Subject: RE: Response Letter

Thank you for your letter. I am not satisfied with the outcome or the process followed, which in my view contained serious procedural improprieties and irrationality .  Your letter says that the College will not allow an appeal.  Your complaints policy states:

“If at this stage the complainant remains dissatisfied, they will be advised as to which external agency is most appropriate for the complaint to be referred to.”

Please advise me which external agency is most appropriate.

Kind regards

Patrick Lee

Am losing confidence that BPCollege can be trusted to investigate itself for complaints of significant failings

Every day, I receive more evidence of highly questionable behaviour, some of which the College must have known about. (Apart from anything else, I raised concerns with them several months ago, yet their response was to shoot the messenger).

Recent events have also led me to question whether the College act with the required independence when investigating complaints, and whether the College really cares about the accuracy/reliability of its external communications.

Formal complaint now with Bournemouth and Poole College

(Post made at 0924 UK time on 20 May 2017. This post is made on a personal basis, as a member - and until 4 February 2017 Chairman -of SWYM because of my significant concerns about some aspects of the running of the musically excellent Wessex Youth Orchestra, and about recent aspects of the governance of SWYM. Please see https://musicmattersandculture.blogspot.co.uk/2016/12/welcome-disclosure-of-interests-terms.html for important background and disclosure of interests).

The Bournemouth and Poole College have informed me that they are treating my correspondence with them as a formal complaint and will investigate it as such.  I have now sent the College various further details, including concerns raised by several parents and teachers as to the degree of pressure put on WYO children, causing in some cases significant upset.