Committee(s):Wimbledon and Putney Commons Conservators Date(s):8111 June 2015 Item no.09.15.9 Subject:Update on the Putney Hospital Site Report of: Chief Executive of Wimbledon and Putney Commons For Decision NOT FOR PUBLICATION Summary This report provides an update and proposed ways forward regarding the Putney Hospital transactions, following further advice from BWB in their most recent letter of the 7th August 2015. Recommendations: 1. Given the advice from BWB on the 15th July 2015 and subsequent advice on i h August 2015 in relation to: a) access to legally privileged information, all trustees agree to sign a declaration as set out in paragraph 2.4 of this report; b) confirming their trust and confidence in BWB, all trustees sign a declaration as set out in 2.6 of this report; 2. If the Board are unable to agree the above, it is recommended that the Board draw a line under the current investigation into the former Putney Hospital transactions on the basis that to pursue the issue further is not in the best interests of the charity. 1. Introduction 1.1 On the 15th July 2015 the Board received advice of BWB in respect of their further consideration of Conflicts of Interest and specifically the potential issues of Public Law of which they had become aware and they had been obliged to draw the attention of the Board (see Appendix 1). In summary, that advice, based on their consideration of the significant amount of documentation requested by BWB, was that all Trustees could still partake in the decision to appoint an independent surveyor and to make a further report to the Charity Commission. The position was finely balanced in relation to the involvement of two Trustees, which BWB advised might need to be revisited in light of further developments. 1.2 The advice confirmed that the Resolution of the Board of the 11th May 2015 to commission an independent review of the circumstances surrounding the sale of access rights at Putney Lower Common in 2012 was legitimate. 1.3 In preparing instructions for the appointment of an independent valuer, BWB advised that there were likely to be documents that were legally privileged in relation to the litigation brought against the charity in earlier years. At that stage they had not been 1 instructed to advise whether it was advisable for the charity to waive the privilege and allow all Trustees access to the documents. 1.4 The Chairman, in consultation with the Finance and Investment Committee, agreed that BWB be instructed to determine which, if any, documents are legally privileged, but based on a fee ceiling of a further £3,000. 2. Advice from BWB 2.1 In their further advice of the 7'h August 2015 (see Appendix 2) BWB made it clear that, under the 1871 Act, the Conservators have a duty to act collectively. Where a meeting cannot reach unanimous agreement, under case law relating to public and charitable Trusts, it can come to a majority decision. 2.2 In respect of privilege and rights to inspect documents, having analysed the documentation provided they identified a number of documents which contained privileged information. BWB explained that the privilege contained in any advice given to WPCC, either now or in the past, is owned by the body corporate. It is not specific to any individual, whether a member of the previous or current Board. 2.3 BWB's advice at Paragraph 13 starts: "If there was ever a doubt as to whether any particular Conservator might use material for an improper use, we suggest that he or she should be asked to agree expressly in writing to what is no doubt implied in any event (namely, that confidential material would be kept confidential to the charity, that the Conservator in question will not seek to re-open any concluded litigation and that the material in question would not be used for any purpose contrary to the best interests of the charity) ...". It then concludes "If any Conservator refused to sign a document confirming those matters, the charity would be entitled (unless there was some very good explanation for the refusal) to draw an inference that the Conservator in question was seeking to exercise the right of inspection for an improper purpose ..." 2.4 Given the issues above, and in the spirit of the Nolan Principles of public life, it is recommended that all Conservators be asked to sign a declaration on the charity's headed paper stating: "I confirm that, in accordance with the WPCC Confidentiality Policy, I will respect the confidentiality to the charity of any information to which I have access, including any which might contain Legally Privileged material, in respect of the former Putney Hospital site and will not use it to seek to reopen any concluded litigation or for any purpose contrary to the best interests of the charity. " 2.5 BWB have also expressed concerns about the basis of their continued professional relationship with WPCC. BWB are prepared to continue to act for the Conservators, on the basis of the existing Letter of Engagement, but only if they receive a letter signed by all Conservators confirming that they retain our trust and confidence. 2.6 It is also proposed that on the same headed paper as the declaration above, all Conservators be asked to sign the undertaking set out below: "Having read BWB's letter of i h August, I confirm that I have trust and confidence in BWB continuing to represent Wimbledon and Putney Commons ("the Charity'). " 3. Implications 3.1 The Board reached a unanimous decision at its meeting on the 11 th May 2015 to commission an independent review of the circumstances surrounding the sale of access rights at Putney Lower Common in 2012. 3.2 In terms of proceeding, having already expended £41,000 of the charity's resources to obtain the advice of one of the country's leading charity law firms, the test for the Board, in acting collectively, is to sign the above declarations, giving a clear statement of its intent, to proceed on the above agreed course of action. 3.3 Although the Vice Chairman and Chairman of Governance Committee has suggested that there be a pause in the efforts to reach a consensus on Putney Hospital, the developments of the past month have not unfortunately given any indication that positions held will materially alter. 3.4 Failure to achieve a collective view on the way forward is only likely to result in more divisions, incurring the charity in further legal costs - particularly if new lawyers are to be appointed to start afresh - without any assurance that they would not come to the same recommendations as BWB. The time taken by the Putney Hospital issues has diverted the attention of officers and trustees from focusing on the work required to implement the recommendations of the Governance Review and necessary to put the charity on a more sure footing. It was also apparent from the recent Open Meeting, there is a substantial body of external opinion that Levy-payers money is not being appropriately used, damaging the reputation of the charity and diverting funds from the core business of managing the Commons. In these circumstances the Board may wish to draw a line under the further investigations into the former Putney Hospital transactions. 3.5 If the Board considers drawing a line under this issue, it is still considered essential to undertake facilitated mediation, as recommended by the Charity Commission enabling the Board to endeavour to work effectively together in the future. 4. Conclusion 4.1 To demonstrate clearly and unequivocally that information will only be used in the best interests of the charity and to reaffirm trust and confidence in BWB all Trustees are asked to sign the declarations set out in this report. If this cannot be achieved then the Board should consider drawing a line under further investigations into the former Putney Hospital transactions

Entire Thread

Topic	Date Posted	Posted By
The wpcc Draw A Line Board Report....	15/04/19 15:42:00	John Cameron
Re:The wpcc Draw A Line Board Report....	15/04/19 16:18:00	Ivonne Holliday
Re:Re:The wpcc Draw A Line Board Report....	15/04/19 17:23:00	David Austin
Re:Re:Re:The wpcc Draw A Line Board Report....	16/04/19 08:19:00	John Cameron
Five Years and Counting	16/04/19 12:21:00	John Cameron
Re:Five Years and Counting	17/04/19 14:23:00	Sarah Roberts
Listen to the Levy-payers	18/04/19 07:40:00	Chantal Blake-Milton
Re:Listen to the Levy-payers	18/04/19 17:53:00	John Cameron

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