Unmoderated comments follow here
The PotBoilers'
Moor is a beautiful 400 acres of managed wilderness (map here) note the thickness of the boundary lines covering yards 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This was later superseded by the Ministry of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 DOCS) 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 so the moor could be registered under the “The Commons Registration
Act of 1965”.
The Moor and some surrounding land was
registered by The Lord of the Manor 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 DOCS) .
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 DOCS)
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 DOCS)
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, 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 DOCS)
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.
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 DOCS)
.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 DOCS)
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 DOCS)
. )
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.
(REGISTER/LOGIN above to see DOCS)
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
(REGISTER/LOGIN above to see DOCS)
)
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.
Potboiler,
by definition, is someone who stirred the pot on an open fire to provide food
for their family. Potboilers were primarily the poorest families at the time.
In 1951, the agricultural rights to Hatherleigh Moor were returned to the
Potboilers, following a period of time when it was used for food production
during the war. Hatherleigh Moor consists of approx. 425 acres
A
Potboiler household has a specific allocation of the number of cattle and\or
sheep that you can graze on Hatherleigh Moor for a small weekly fee.
They
also are entitled to claim the Token Payment annually from HMMC, this is
currently £65 a year. There are approx. 100 households who are not claiming
their token payment – this is something that should be looked into.
Every
year HMMC give away large amounts of Potboiler funds to “good causes”, a lot of
these are non-Potboiler good causes and the wider community in Hatherleigh
benefit. Whilst it is wonderful to help out these “good causes” would it not be
prudent to consult with Potboilers how they want their funds spent? And not
just causes that are affiliated to the committee members? It has been suggested
that Potboiler Hardship Grant could be set up for Potboilers to apply for or
perhaps a Potboiler Education Bursary. What do you think? Have you suggestions as to where you would like to se this money spent? Please feel free to send your feedback
here “Have your say” using the button at the bottom left of the screen, only
available after you Register/Login.
Hatherleigh Moor Management Committee
When
the agricultural rights were handed back to the Potboilers in 1951, the
constitution that decreed this stated that a committee should be formed to keep
the land in good grazing condition link see original constitution
This
committee was originally formed and the Cleverdon
family have been at the helm since its inception. In fact, Mr
Geoffrey Cleverdon, the current Secretary &
Treasurer, has been a member of the committee for over 65 years and is the last
remaining Founder member. As was the way many years ago, original members were
known to attract relations and close friends & business allies to join them
on the committee.
The
1951 constitution states that graziers should pay a
voluntary amount per animal – this currently translates to 10p a week for a
sheep and 2 lambs or 75p a week per cattle.
From
2015 grants have been paid from Defra, which have been held in the Potboilers
account. The yearly amount of government grant gained is currently. £41,949.12.
6 Graziers were paid a total of £18,509.11 in
2018/2019.
In
October 2016, a motion was put to HMMC that graziers
should receive half of the yearly government grant. A concerned committee
member states that”named graziers voted in favour of the
motion without declaring a conflict of interest and no member left the room
during the vote” When asked about this HMMC tried to justify their actions by
producing a Defra instruction. However this gives no
clear statement that only graziers are entitled to
receive grants. In fact the BPs Active Farmer Test
received from Savills clearly shows that even farmers with NO STOCK can claim
the grants. This has been confirmed by Stags.
HMMC,
acting for the Potboiler community, is
the Active Farmer link here.
1951
vs 2018
When the grazing rights of Hatherleigh Moor were
returned to the Potboilers in 1951, there was a constitution in place. This
remained the same for 67 years and was only changed in 2018 following several
years of the Committee blocking questions from concerned Potboilers. It is
obvious that the new Constitution was brought in swiftly to act as a gag to
anyone who challenged the Committees decisions.
In laymans terms, the
committee don’t have to answer to anyone in relation to their handling of
Potboilers monies, government grants, grazing rights, Potboiler yearly token
payments or indeed monies paid out to members of the committee. They have
decided that the committee is established as an Unincorporated Association and
in doing so, cannot be held accountable under law as they are not considered a
legal entity. They cannot sue or be sued. In deciding to be an Unincorporated Assoc, they are now liable for corporation tax and have
recently had to pay out £10,400.00 plus accountancy fees of £2,392.80
Defra
Since
26th June 2003 HMMC have been able to apply for government grants,
on behalf of the wider Potboiler community. The amounts made available to HMMC have
varied over that time and currently approx. £40,000.00 is claimed annually.
This is good news? You would certainly think so, however, in October 2016, a
motion was put to the committee suggesting that the active graziers
should receive half of the government funding. The committee then voted on the
motion in a private meeting and without any consultation with the Potboilers.
In a report from a concerned grazier they stated
that” not one member of the committee declared a conflict of interest and no
one removed themselves from the room or voting process.
When
challenged about this decision, HMMC have stated that only graziers
can apply for the government funding. THIS IS NOT TRUE. The BPS Active Farmer
Test clearly shows that even with no animals grazing, farmers can still avail
of the grants. We know of local farmers that claim but do not have any stock.
In this situation, HMMC, acting on behalf of Potboilers, is the Active Framer.
who is rolling the dice?
Since 1951 and the establishment of Hatherleigh Moor
Management Committee in 1952 the position of Secretary/Treasurer been held by Mr Geoffrey Cleverdon. The
Committee was set up to oversee the grazing condition of Hatherleigh Moor and
the interests of the Potboilers.
It is clear for everyone to see that Hatherleigh Moor has
indeed been kept in good grazing condition, however, can the same be said for
the interests of the Potboilers?
The graziers benefit from the
Moor being kept in good condition – they graze their cattle and sheep there at
low cost and now they are being paid large amounts from the government
agricultural grants awarded to HMMC on behalf of the Potboilers. To add salt to
the wound, the committee voted this motion in without consulting the wider
Potboiler community and which involved serious conflicts of interest.
It was uncovered in the accounts that some £150 from the
Potboiler account was held in Premium Bonds. On further investigation, it
transpired that these Premium Bonds were actually held in the name of Mr Geoffrey Cleverdon and it
remains unclear how long these were held for and how much income they
generated. Were any winnings paid into the Potboiler account? At best this was
very unprofessional. See solicitors letter under Nitty Gritty, you will need to
log in first.
As previously discussed in Monies Management, large sums
of money from the Potboiler account are distributed to “good causes” It really
must give the Secretary/Treasurer and the Chairman such a great sense of
generosity to be handing out these sizable donations. The concern here, is that
these “good causes” have affiliation with the committee. For example, in
2016/2017 accounts it shows that The Allotment Association, of which Ms Deb Laing-Trengrove is the
Town Council representative, was given £7696.00. Also in 2018/2019, the Town
Council were awarded £2000.00 from the Potboiler account. There many other
instances.
As there are only accounts available since 2015/2016, it
is impossible to know where any monies have gone prior to that date. In all the
years, since the committees inception, they have never
once consulted with the general Potboiler community on how they would like
their funds spent.
How
are your funds spent?
It
has been very problematic to find out how Potboiler funds have been spent over
the past 65 or so years. Concerned Potboilers have made many attempts to engage
privately with both the Secretary/Treasurer and the Chairman, without success.
It was only 5 years ago, in 2015, that the first set of yearly accounts was
permitted to be viewed and handed back during the AGM that year. Since then
accounts have been made available at each AGM.
So
how are funds spent? Since 2015, over £100,000.00 has been distributed to
Non-Potboiler causes. These are, in the main, causes which the committee are
affiliated which include the churches, Football and Cricket clubs, Carnival amoung others.
Potboilers
have never been consulted as to where these funds are allocated. Yes, as a
resident in the town you may well see some benefit from these donations,
however, only if you also have a link to the benefiting cause. We consider all
outgoings should be decided at the AGM on a vote when all PotBoiler Houseolds can be represented.
The
Chairman receives a yearly amount of £750.00 and is also paid for any work he
does on Hatherleigh Moor as well as £5,976.19 for grazing his stock!
The
Secretary/Treasurer receives the yearly amount of £1500.00 for his services
The
accounts also show that yearly £5,000.00 is paid The Secretary/Treasurers son,
for grazing his livestock on the Moor
As
noted in Government Grants section, the active grazier
potboilers receive half of the monies gained through government’s single farm
payment scheme.
The
HMMC have spent Potboiler funds on solicitors fees,
instead of entering in meaningful debate with the concerned PotBoilers.
Charity
verses Unincorporated Organisation
Reasons why the Hatherleigh Moor Management
Committee should become a charity.
1. HMMC will save tax. HMMC paid £10,400 in 2018/2019
2. HMMC will be able to give money away legally as they
do.
3. HMMC will have to comply to the rules of the charity
commission.
The concerned PotBoilers believe he reason it
is not a charity is because of the third.
The
Lady of the Manor, Deb Laing-Trengrove owns the
mineral and shooting rights on the 425 or so acres of Hatherleigh Moor. It was
first registered in her name with Land Registry in 2012 and the value of these
425 or so acres is shown to be £25,000.00
She
has recently made claims to strips of unclaimed land, for example, at Yollberry at the top of Hatherleigh Moor, to add to the
acreage of the Moor
Deb
Laing-Trengrove is also a committee member of
Hatherleigh Council and a former Mayor (link
to town council page about Deb)
Other 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. Draft Constitution as we consider it
should be
C. The report regarding the
Mal-Administration of Hatherleigh Moor Financial Affairs. Prepared by a retired
CID officer.
D. Questions to Hatherleigh Moor Management
Committee and responses here
E. Items written in the local newsletter
here.
F. 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.
G. Report from Open Spaces Society.
H. For those that are interested see the
Fraud Act 2006 legistration.gov.uk here