Letter dated 15 June 2009 from Scout HQ.

I am writing following your decision to take Northamptonshire Scout County to County Court over some outstanding expenses in September 2008.

This action caused considerable concern locally and I note that both Northamptonshire County Executive and Northampton District Executive have previously agreed that you are not to be involved in Scouting within the County and District respectively.

I have established from Alistair Cochran, County Commissioner, that he had never seen any correspondence regarding these expenses before your court action and in your submission to the County Court you indicate that you last corresponded on this issue in May 2006.

I believe that by taking the Scout County to court in these circumstances you have brought the Association into disrepute, particularly as you made no contact with the County Executive for nearly two and a half years regarding your outstanding expenses. A reasonable course of action would have been to follow up the claim with the County rather than take legal action.

The General Purposes sub-committee has delegated the Head of Safeguarding  and I with the authority to nationally exclude individuals from Scouting where we believe it is necessary. Having discussed it with my colleague, we are agreed that your actions, in taking the County to court, are incompatible with a role in Scouting and therefore have Excluded you from Scouting.

This means you must immediately remove yourself from any Scouting activities and you may not:
Wear Scout uniform
Take part in Scout events/activities: or
Enter Scout premises.

 You may appeal against this decision by writing to the Chairman of the General Purposes sub-Committee c/o the Records Manager, at the above address. If you choose to appeal you are asked to include at least one reference from Scouting together with a character reference from someone who knows you.

You may also enclose any other supporting documentation or letters etc. All references and other supporting documents must be submitted with your  appeal letter.

Your appeal documents must be with the Records Manager by 3 July 2009. I should remind you that you remain excluded during the course of any appeal and that the resulting decision is final.

I understand that this may come as a surprise to you, however this action is taken in the best interests of the Movement.

Yours sincerely

 Matthew Hayday

Assistant Secretary.

 

MY APPEAL LETTER

 2 July 09
 The Records Manager
 The Scout Association
 Gilwell Park
 Chingford
 LONDON
 E4 7QW

 
ATTN. Chairman, General Purposes Sub Committee

 Appeal against exclusion made by Mr M Hayday, letter dated 15 June 09

 I am in receipt of a letter excluding me from Scouting on the grounds that I have brought the Association into disrepute by claiming expenses through the County Court rather than by discussing my claim with the County.

I have also written to My Hayday asking if he would reconsider his decision as it would seem that he is not in possession of the full and accurate facts so I will take his points in order:


1) My exclusion from Northamptonshire Scouting was made under POR rule 15.6 and was brought about after I made a formal complaint of a vendetta against me by the former CC who was also Northampton DC at that time. My complaint was refuted and when I asked questions in order to request a review of the response, (in accordance with the Association’s complaints procedure) The Secretary wrote instructing me not to make contact with any member of the Association. (letter dated 27 Nov 07) My formal complaint has still not been answered.


2) Bringing the Association into disrepute. As the only people who would be aware of the court action were myself, the court (who are subject to confidentiality) and the County and as the case was settled without a hearing and my claim attracted no publicity outside of those directly involved, I am unsure how I have brought the association into disrepute.

 3) Mr Cochran is unlikely to have seen correspondence relating to the claim as he was not CC at the time the expenses were incurred nor at the time I lodged my claim with the court. I would confirm that the CC (John Simmons), The Chief Commissioner (Stuart Little), The Scout Association Secretary (David Shelmerdine) and the FDO (Mick Capon) were all aware that I would be claiming. A letter dated 28 June 06 from The Chief Commissioner refuses to pay my claim.

I can prove that letters received by Mr Simmons were destroyed and not forwarded to Membership Services for retention and I can also prove that the County holds no paperwork so it is not surprising that Mr Cochran would not have seen any correspondence. This is as a result of my application for personal information under the Data Protection Act.

I understand that John Simmons resigned his post a few days before I lodged my claim with the court. I understood that he would be leaving in the September and therefore he would be in a position to remember the facts if he had destroyed the paperwork.

I subsequently understand that he was requested to leave his post immediately on resignation and he therefore passed the claim to Mr Cochran for action.


4) I can prove that Mr Simmons would not respond to my letters nor speak to me face to face (see attached emails) and as Mr Little refused to allow my expenses after talking to Mr Shelmerdine, who told me not to contact any member of the Association, I was left with no alternative than to involve an independent third party.

 5) In February 2007, the Association’s FDO entertained me to lunch as the County Commissioner was refusing to answer my letters. He put my mind at rest regarding a vendetta that I thought the County Commissioner was waging against me and it was agreed that as my Scouting activities in Northampton were settling down to some sort of normality after over 2 further years of the County Commissioner trying to prevent me from taking on roles in Scouting, I would not pursue my expense claim and provisionally drew a line under the past and to start afresh though I did make it clear that should circumstances change, I would reconsider my claim. This is why there is an apparent 2½ year gap in communication.

 6) A meeting between myself and the FDO was arranged for 28 Feb 08 to discuss an overall situation, which would have included the expenses claim. The FDO telephoned me that morning to say that he couldn’t meet me because of the letter dated 27 Nov 07 banning communication.

 I also wrote to the Secretary in March 08 as by that time I was able to prove that many of the actions and stories about me were inaccurate or outright lies and asking that my points could be put forward for discussion. I received no response.

 The decision to exclude me was, apparently, taken in the best interests of the Movement but as the Movement has a duty of care to all its members, the Association has not fully responded to my allegation of a vendetta whilst I was a member.

 I enclose a copy of my submission to the court and it will be note that I feel all the points raised in the letter dated 15 Jun 09 were covered in that submission but if you would like clarification of anything or copies of letters that are not enclosed, please do not hesitate to ask..

 My claim through the court brought the response I had been hoping for and in January 09, a meeting was arranged between myself, the former Chair of the Appointments committee, the current CC and the RDM so that we could talk through the allegations made against me and actions I took. The reasons behind my actions to claim through the courts were made clear at that meeting. The financial side of the claim was unimportant. The meeting was what I had been after for a very long time but with no success.


I also felt that the meeting in January was in order to “clear the air” and to make sure that the truth was brought to the front rather than officers and officials of Scouting talking about someone and making accusations, forming conclusions, writing secret reports and holding secret meetings where I was discussed but had no opportunity of either refuting or explaining any allegations (Rule 15.6).

 I was under the impression that Michelle Swain left the meeting with a number of actions that she would execute and come back to me, for example, adding the missing letters to my file, continuing my complaint of a vendetta and much more. To date I have heard nothing.

 I agree with Mr Hayday’s comment that the reasonable course of action would have been to talk to the county but I hope I have proven that I had made every effort to contact the County but with the proof that I was not allowed to communicate, letters being ignored, the CC refusing to meet with me and a meeting with the FDO in Feb 08 being cancelled, I would trust that it can be seen that my efforts to communicate were without success and therefore the only course of action available to me was to claim through the County Court.

 I also feel that information is still not being passed to HQ as the meeting in January with the CC & RDM covered everything I have said here plus more that I have not mentioned. Had the details of the meeting been passed to Mr Hayday, he would have been aware that I had made efforts to communicate with the county and HQ, rather than thinking that I had made no effort, and I feel he would not have made the decision that he has made.


I would ask if you would review the information I have supplied and allow my appeal.


I have made comment regarding the 2½ years Mr Hayday mentions and as a separate issue, I would like it to be noted that Mr Shelmerdine once took nearly 2 years to respond to me (and that was after the intervention of the Charity Commission), he has failed to respond to another letter. The Association has been advised by the Information Commissioner that they are in breach of part of the Data Protection Act in that the Association took longer than the statuary 40 days to provide the information I requested. Mr Hayday took some 9 months after my court claim to exclude me from Scouting and I am still waiting for Michelle Swain to respond to the points she took away with her from our meeting nearly 6 months ago, and yet I am given 10 working days to gather information and to obtain references in order to appeal against exclusion.

 
I look forward to hearing from you.

 TIMELINE

A total of 5 letters advising that I would be claiming were issued over a period.

May 06.      My invoice was raised
June 06.     Expenses declined 
Nov 07.         Communication terminated by HQ
Feb 07.         Meeting with FDO. I would not pursue my claim.
August 07.    County & District applied P.O.R. Rule 15.6.
Feb 08.         Meeting with FDO cancelled.
March 08.      Letter to HQ ignored.
August 08.    Claim made to County Court.
Sept 08.        Claim settled without challenge or hearing.
Jan 09.          Meeting with CC & RDM
June 09. Exclusion

 Enc.
eMails to/from Mick Capon re meetings with CC/FDO
Court submission
Letter from Mr Shelmerdine 27 Nov 07

 I also included 4 letters of support/references.

 
LETTER DATED 20 JULY 2009 FROM HQ

Re: CRB Disclosure - Appeal against Headquarters Decision

(Please note the heading Re CRB DISCLOSURE. When my Solicitor contacted HQ regarding this and the fact that at least one copy of the letter went to the CC, the response was that it was “merely a typing error”. My Solicitor asked if the CC had been advised of this “typing error”. We are still awaiting a reply)


We wrote to you on 6th July 2009 confirming your appeal against the decision of Headquarters to exclude you from Scouting had been initiated. This exclusion was as a result of matters detailed in our letters dated 15th June and 1st July 2009.

The Secretary, Chief Commissioner and I have carefully studied all of the information put before us, including your appeal letter received 04.07.09 the supporting information supplied by you details of your record of service

 We have considered all of the above together with information held by Headquarters and it is our belief that the decision taken by Headquarters was correct. Therefore your appeal is dismissed and we confirm you should remain excluded from Scouting.

Whilst we know this will be unwelcome news I have to advise you that this decision is final.

 Yours sincerely

 S Howells
Chairman General Purposes Sub-Committee

 

Further updates

Here are the emails to/from HQ. As can be seen, the last email dated 26 March clearly states that I will be re-publishing Peter’s Plight.

I received an automatic acknowledgement but nothing else.

 


From: NSH [mailto:northampton.scout.history@ntlworld.com]
Sent: 26 March 2012 08:10
To: trust.corporation@scouts.org.uk
Subject: FW: Northampton Scout History web site

 

Further to my email dated 15th February 2012, as I have heard nothing from you, I can only assume that you have no issues with the article entitled “Peter’s Plight” and in consequence I have re-published the article in its’ entirety.

 

From: NSH [mailto:northampton.scout.history@ntlworld.com]
Sent: 22 February 2012 15:52
To: 'Trust Corporation'
Subject: RE: Northampton Scout History web site
 

Peter Maryniak

 From: Trust Corporation [mailto:Trust.Corporation@scouts.org.uk]
Sent: 22 February 2012 15:37
To: NSH
Subject: RE: Northampton Scout History web site

 

Can you please tell us your name?

 From: NSH [mailto:northampton.scout.history@ntlworld.com]
Sent: 22 February 2012 13:37
To: Trust Corporation
Subject: RE: Northampton Scout History web site

 
I am the webmaster for the site.

 
From: Trust Corporation [mailto:Trust.Corporation@scouts.org.uk]
Sent: 22 February 2012 12:27
To: NSH
Subject: RE: Northampton Scout History web site

 Can you please just confirm who you are?

 

Yours sincerely

LEGAL SERVICES

 

From: NSH [mailto:northampton.scout.history@ntlworld.com]
Sent: 22 February 2012 09:58
To: Trust Corporation
Subject: FW: Northampton Scout History web site

 The email below was sent on 15th February. To date I am unable to trace having received a reply. I would be grateful if you would kindly advise what the issues are with the web site.

 Thank you

NSH

 

From: NSH [mailto:northampton.scout.history@ntlworld.com]
Sent: 15 February 2012 08:37
To: 'trust.corporation@scouts.org.uk'
Subject: Northampton Scout History web site

 I understand that you have been in contact with the Internet Service Provider regarding the content of the above web site.
Perhaps you would be good enough to explain exactly what the issues are, please.

 I look forward to hearing from you as soon as possible.

NSH

 


My exclusion & Appeal