An analysis of the process and outcomes around the trial and acquittal of Apsana Begum. Pointing to fundamental structural problems which go to the heart of governance in Tower Hamlets Council.
Meltdown at Tower Hamlets Council
“Remember, it’s a sin to kill a mockingbird.” – Harper Lee, To Kill a Mockingbird
In 2019 HBO, released their drama series Chernobyl on the Chernobyl Nuclear Disaster. The miniseries explored the reasons for this monumental catastrophe and illustrated how it was magnified by the evasion and denial of those in charge of system failures.
System failures in local authorities have been recently in the news, from Northampton, Liverpool to Croydon. Where systems that were thought to be foolproof were overridden or failed to kick in. There was a breakdown of what is known in governance as the ‘separation of powers, in all cases.
Separation of powers refers to the division of a state’s government into branches, each with separate, independent powers and responsibilities. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. In the above context, the separation of powers refers to the separation between politically elected representatives and politically neutral council officers. More commonly known is the impartiality of civil servants.
Politically neutrality of civil service and bureaucratic decisions are an essential check on the powers of elected officials, to ensure they operate within the law, and that taxpayers funds are not being used for political purposes. The Civil Service Code (which also applies to local government) is quite clear. An unelected public official, in this case, Will Tuckley and the officers below him must not:
- act in a way that is determined by party political considerations,
- or use official resources for party political purposes;
- or allow your personal political views to determine any advice you give or your actions.
The overriding question from the trial and acquittal is, what was the level of political interference in this Council prosecution? In layman’s terms, once the council has started legal proceedings against an individual, elected officials are not allowed to intervene. An everyday example is parking tickets, elected officials are not allowed to intervene or ask questions about specifics, as there is an eventual judicial process to finalise outcomes.
Scales falling from the eyes: A Catalogue of Errors at the Council ?
“There was an Emperor thought so much of new clothes that he spent all his money in order to obtain them; his only ambition was to be always well dressed.”
– Hans Christian Andersen’s ‘The Emperor’s New Clothes’
Apart from the issues of failures of process and systems at Tower Hamlets Council raised by the trial, covered by myself and Cllr Wood in a video.
The more concerning questions are related to perceived political interference in the case, questions such as:
- Was there any political direction to lay charges in a summon in May 2020?
- What are the circumstances surrounding, the resignation of the head of legal, in the summer of 2020?
- What is the reasoning to go for the (2 years imprisonment) indictable charge of fraud with dishonesty and not just the summary offence of social housing fraud?
- In November 2020, how did the Sun Newspaper get hold of the court summons document? The document that was issued by Tower Hamlets Council to Apsana Begum.
- After matters moved to the Crown Court in January 2021 and trial, when reviewing papers, why were the Council investigators concerns about the flawed prosecution not picked up? What was the reasoning to proceed in light of the above concerns?
What is concerning is that we all thought we had a foolproof system of investigation and prosecutions, independent and technically proficient. The trial has laid bare some concerning structural issues at Tower Hamlets Council.
“But he has nothing on at all,” said a little child at last. “Good heavens! listen to the voice of an innocent child,” said the father, and one whispered to the other what the child had said“
– Hans Christian Andersen’s ‘The Emperor’s New Clothes’
East End X Files – The truth is out there!
Questions are being raised about the costs incurred by Tower Hamlets Council concerning the trial. How much has the council incurred in legal costs from the prosecution as well as internal resources? However, the more concerning question for me is how many unsound prosecutions are out there given the system failures highlighted by the trial? Particularly when a disproportionate number of people from left behind demographics are prosecuted in these cases.
It is statistically proven that women disproportionately suffer from the effects of poverty. Women are more likely to experience persistent poverty. More than one-fifth of women, 22 per cent, have a persistent low income, compared to approximately 14 per cent of men. Anecdotally from my experience, women are more likely to be affected by social housing fraud prosecutions. Is the Council meeting its commitment under the Equalities Act and the Public Sector Equalities Duty, in the manner in which it pursues these prosecutions? It seems the issues brought to the public attention by the trial and acquittal are just the tip of the iceberg.
Another day in the Courts
Following the weekend after the trial and acquittal, I was back at work. It happens while carrying out the course of my duties, I was approached by a defendant anxious and confused. A single mother wanted to go home quickly to attend to her 4-month-old child, wanted to self represent and was minded to plead guilty.
After reading the charges, social housing fraud, I sat down with her and explained the seriousness of the matter and explained that she was entitled to a duty solicitor. After arranging the consultation, I observed the proceedings as the matter was called on. To the shock of the local authority prosecutor, the defence entered a not guilty plea with an election to a jury trial at the Crown Court. As we all walked out, the defendant pleased and relieved turned and whispered to me, “Thank you!”. I whispered back, “Good Luck!”
“Yet law-abiding scholars write:
Law is neither wrong nor right,
Law is only crimes
Punished by places and by times,…”
W H Auden – “Law, Like Love”
Disclaimer: This piece will not focus on any of the allegations and counter-allegations made by Apsana Begum MP and Cllr Ehtesham Haque. Both of whom I knew in a personal capacity when they were together and after. It will focus on the investigation, prosecution, and trial processes and outcomes, looking at wider structural issues and concerns.
Further Information
Below is the Relaks Radio Show discussion between myself and Cllr Andrew Wood on the trial and acquittal.
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