The Nitty Gritty
in Depth Information, all you
need to know
Documents
(Access available after YOU login/resister above)
A. Solicitor's letter here received by the
committee's solicitor which the committee refused to read out at the AGM. Their
Solicitor's reply is not available here for copyright reasons, please ask the
Hatherleigh Moor Management committee to show you a physical copy.
B. The report regarding the Mal-Administration
of Hatherleigh Moor Financial Affairs. Prepared by a retired Police inspector
CID/Fraud Department.
C. Questions to Hatherleigh Moor Management
Committee and responses here
D. Items written in the local newsletter here.
E. We are in possession of a three
page statement and documentary evidence provided by a committee member who
in effect is a whistle blower. Which will be produced if necessary to the
relevant authorities along with item A. above.
F. Report from Open Spaces Society.
G. Draft Constitution as we consider it should
be
H. For those that are interested see the Fraud
Act 2006 legistration.gov.uk here
The PotBoilers' Moor
is a beautiful 400 acres of managed wilderness (map here) some of which has now arguably been registered
under private ownership, this land was given to the poor in the 14th century
reputedly by John of Guant, “I, John of Gaunt, Do give and do grant
, Hatherleigh Moor, To Hatherleigh poor, for evermore!” as reported in “The History of Devonshire, by
R N Worth 1886”) there has been some doubt that he never came to Hatherleigh
his daughter Elizabeth was Duchess of Exeter so there is a good chance!
This was later superseded by the Ministry of
Agricultural on September 14th 1951 when it was returned to the PotBoilers of
Hatherleigh after the Second World War (as shown in the REGISTER/LOGIN
above to see Original Constitution) at the time this
was all the households in the Borough of Hatherleigh. Later in the mid 1960s the Potboiler Households were redefined by the
Hatherleigh Moor Management Committee to just be the houses that wanted the
Potboilers rights (which were then registered under the “The Commons
Registration Act of 1965”), so all future homes or their inhabitants could not
become PotBoilers’. During this time, allocations were made on people’s means
therefore the rich were given big allocations and the poor much smaller ones,
contrary to the wishes of John of Guant.
The current Treasurer/Secretary joined the
committee in September 1952. (as of May 2020) and his family have been at the
helm of the Committee since its inception, both his father and grandfather were
previous chairmen.
All the households in the borough of
Hatherleigh were contacted by the Hatherleigh Moor Management Committee in the
mid 1960’s and were asked how many sheep/cattle they would like to register
under the “The Commons Registration Act of 1965”. Some of the registered
properties at the time did not have land available other then the moor to graze
their stock. The current committee later changed this to only allow Pot Boilers
with access to their own grazing to also graze their stock on moor.
The Moor and some surrounding land was
registered by present The Lord of the Manor (Deb Laing-Trengrove) in 2012,
which makes no reference to the PotBoilers’ or their
rights regarding the use of the Moor. see the Government Land Registry Website.
Due to grants given by the Rural Payments
agency, which was amounted to £56,375.73
REGISTER/LOGIN above to
see 2017/2018 accounts) .
These accounts also show the Treasurer’s son
received large sums as did the Chairman, who was also paid for maintaining the
moor in good condition as laid out in the Original Constitution shows here , (REGISTER/LOGIN
above to see Original Constitution)
Over £100 000 has been given away to outside
groups, (The committee’s choice without any reference to the membership)
At the AGM in 2018, a New Constitution was
pushed through the meeting with no meaningful debate, REGISTER/LOGIN
above to see New Constitution
The Hatherleigh Moor Management
committee should be elected by PotBoilers in an open and Democratic manner. The
money it collects belongs to the PotBoilers and should only be distributed to
whom the PotBoliers have approved. At present it is
distributed by the committee to the Graziers, the Committee’s good causes, the
upkeep of the moor and a token payment to the PotBoiler households.
Election of members to the committee is made by
the existing committee members by co-opting new members then being elected on
mass at the following AGM REGISTER/LOGIN
above to see New Constitution
The Hatherleigh Moor Management
Committee is run as an unincorporated organisation which means they are not a
legal identity and the implications that implies to the committee. Due to the
committee not registering as a Charity they have had to pay £10,400 in
Corporation tax. See the Governments recommendations here
The concerned PotBoilers contacted a solicitor
who recommended the issues were brought to mediation this was refused by the
Committee. Evidence available.
The 2017 Account
Sheet shows a return of over £100 to the Potboiler account.
At the 2018 AGM The
Treasurer admitted that he had purchased the bonds with Potboiler Funds and
that they had won various prizes amounting to well over £1000 pounds. There is
no record of the winnings coming back into any of the 4 account sheets that are
available. A solicitor therefore asked that the Treasurer provide proof of the
winnings coming from The treasurer’s own bank account because winnings are paid
to the individual. This has not been provided.
The main changes we
would like to see, to make the running of
the committee transparent and open are:-
a.
The
name of the committee should be changed to “The PotBoilers’
Committee” for the management of
Hatherleigh Moor. To reflect the true situation.
b.
All
monies given away should be agreed by all the PotBoilers either at the AGM or
an EGM not by the committee. REGISTER/LOGIN above to see 2017/2018
accounts) .This will also avoid any conflict of
interest issues.
c.
The
association should be registered as a Charity with all the safeguards that in-corporates.
At present it is NOT recognised as a
legal identity as an unincorporated organisation (see Newlawman.co.uk here) i.e.
they cannot be sued or sue. Therefore is not
accountable as a legal body. They are acting as a charity by giving monies
away therefore should register as such this would also exempt them from tax.
d.
Their
accounts should be audited by a registered accountant.
e.
The
registration at the land registry of the moor should reflect the boundaries of
the moor (map here) with the Rights of
the PotBoilers as it is was given to them see REGISTER/LOGIN
above to see Original Constitution) and is best
practice for Common land throughout England, see Torrington Common on the Land
Registry website. The registration should include a map of the moor reflecting
the boundaries as identified by the Ordnance Survey.
f.
Every
position on the committee should be elected individually if another PotBoiler
wishes to stand, not re-elected on mass, this is standard practice.
g.
The
constitution should reflect the normal practice that is a vacancy occurs, the
membership as a whole should be given the option to stand unless no one comes
forward. The practice of co-opting friends and family to the committee should
cease.
h.
The
constitution should reflect no-one on the committee should gain financially
from their position except for reasonable expenses (people should be on the
committee because they want to keep the moor in good condition, not for
personal gain.) (The graziers, 5 of whom, are committee members get significant
payments to graze their stock, REGISTER/LOGIN above to see 2017/2018
accounts) . )
i.
The
constitution should reflect no one person should hold more than one office on
the committee which is standard practice.
j.
The
constitution should reflect no monies belonging to the organization should be
in the control of any individual, as has happened in the past. Premium Bonds
were held by the treasurer. 2016/2017 accounts here)
k.
Any
changes should be made by Standing Orders so all major decisions are recorded
and referred to if required which is best practice. These changes must only be
made at the AGM or an EGM. As recommended by Original Constitution shown
here))
There is a case to be made that the Moor should
be set over to rewilding this would
remove any risk of conflict of interest.
Documents
C. Questions to Hatherleigh Moor Management Committee and responses
here
D. Items written in the local newsletter here.
E. We are in possession of a three
page statement and documentary evidence provided by a committee member
who in effect is a whistle blower. Which will be produced if necessary to the
relevant authorities along with item A. above.
F. Report
from Open Spaces Society.
G. Draft Constitution as we consider it should be
H. For
those that are interested see the Fraud Act 2006 legistration.gov.uk here