THE TRUTH ABOUT THE FRIENDS COMPLAINT TO THE COMMISSION FOR RACIAL EQUALITY

The recent article in the Derby Evening Telegraph, entitled, ‘Another setback in plans to develop historic castle’, was both timid and watered down, in our view. We supplied the full facts to the paper, prior to the article, many of which were omitted or appear to meekly accept a distorted view as portrayed by the Derbyshire County Council. The Friends of Elvaston are determined that the community will learn the full story, which must be known, if the Estate is to be protected from loss. For the record, here are some of the facts;

The article states that because The Friends of Elvaston had complained to the Commission For Racial Equality (CRE), the authority;

'had agreed to commission an independent report to find out how many ethnic minority groups use the Castle and what impact, if any, the plans could have on them.’

Let us get one thing straight. The Council’s Chief Executive Officer, Nick Hodgson has already admitted to the CRE that the Council has failed to carry out a Racial Equality Impact Assessment (REIA), prior to making the decision to dispose of Elvaston Castle Country Park. Therefore, the Council is guilty of contravening its statutory duties under the Race Relations Act 1976 (Amended 2000) and will HAVE to now properly seek the views of the Black and Minority Ethnic (BME) groups from within the community in order to fend off possible legal action that it could face if it does not do so.

Mr Hodgson’s statement that “The report would be shared with the Commission and a decision would then be made on whether any further consultation was needed”, makes it seem as though this is some kind of joint arrangement for the gathering of statistics, which it clearly is not. This is a serious breach of protocol and the Council must now seek to put matters right. Part of this repair work involves the fact that at the full Council meeting this September, the failure to carry out a REIA and what this involves has to be explained to the members, and the fact that the Council must consult with the Friends in an attempt to resolve the situation.

Members of the community enjoying Elvaston Castle

We have made it clear that a consultant nominated by the Friends of Elvaston and not the County Council should be used for the consultation, in the interests of transparency and fairness and the CRE has pointed out that his experience could be an added resource and may seem non-partisan and acceptable to the community.

Mr Hodgson is also quoted as saying that letters were sent to ethnic minority groups as part of its public consultation but no responses were received. He said, “We took that to mean they were not concerned about the development or they were happy with the plans.”

This is typical County Council ‘spin’ on the matter, similar to that where it claims to have carried out several public consultations over Elvaston, which it has done, omitting, however, to state the actual truth of the outcome of them, namely that the community has voted overwhelmingly against the disposal in every one of them. To our knowledge, only four letters were sent out. This was only a survey of usage and nothing to do with a REIA, or the disposal of the Park. These were only sent out after we had made our complaint and when these proceedings were well under way. There were 64 ethnic minorities in Derby at the time (This has now risen to over 70).

Furthermore, the Friends made the complaint after having been advised to do so by the Local Government Ombudsman, to whom we had originally complained about the Council’s refusal to acknowledge the community’s rejection of its proposals. The Ombudsman advised the Friends that our complaint must be made through the Council’s own internal complaints procedure, a device which the Council used to effectively block our complaint by disputing it for 11 months before finally rejecting it. It was only then that we took our complaint to the CRE and were vindicated when the CRE upheld it.

We have to state publicly that, as a legitimate community group, properly constituted and with a large membership, our combined efforts to protect the priceless public asset which is Elvaston Castle Country Park has met with much hostility from the County Council, because we stand in the way of the Council’s plans to dispose of it. This will not deter us, nor sway us from our task, namely to save the Elvaston Estate from disposal and destruction, once and for all.

As a footnote, the Derby Evening Telegraph poll, asking whether Elvaston Castle Country Park should be turned into a hotel and golf course, is presently (August 29) running at 67.2% against the proposals, 32.8% in favour. The Friends own website poll, which has been running for considerably longer, is presently logged at 95.81% against, 4.19% in favour.

FUNDS APPEAL

Anyone who remembers the problems we encountered (Through no fault of our own) with a building society account we had and who wishes to make a contribution to our fighting fund can now do so through our new bank account.  The account is in the name of the Friends of Elvaston;

National Westminster Bank

Account number 64537242

Branch Sort Code, 55-50-53

Your contributions and help and support for our fund raising efforts means a great deal in helping us to fight the disposal of Elvaston Castle Country Park. It isn't just legal advice that is costly, but printing, stationery and postage costs too. Remember, we all give our time and endeavours voluntarily because we love Elvaston Castle. However, if we are to make our voices heard it will require the combined efforts of the entire community. We believe that we can turn the tide, given sufficient backing. Please do all that you can to ensure that we win - Thank you.

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