A council monitoring officer who was heavily criticised in a damning report appears to have been the only candidate considered for the role - even though she had no legal background.
Barnet Borough Council monitoring officer Maryellen Salter was appointed in October 2012 by Nick Walkley, who was the chief executive of the authority at the time.
The accountant was originally brought in as head of the council’s audit committee in 2010, but was promoted despite not having legal experience or background, which is normal for the monitoring role.
Minutes from the council’s remuneration committee on October 24, 2012 show Ms Salter was appointed director of assurance (monitoring officer) subject to consultation.
However, in a damning report released on Monday evening, lawyer Claer Lloyd Jones said “nobody” at the council understands local government law.
She also brought Ms Salter’s role to police the lawfulness of the authority’s conduct and decisions into question.
She wrote: “In extremis, the statute enables the MO to issue a report to full council which has the effect of an injunction.
“Barnet may need to reassess how this role is carried out in Barnet.”
The authority’s decision to merge its legal services with Harrow (HBPL) in 2012 was criticised as it means Barnet has no lawyers working for it.
The report says that Barnet does not have access to “pro-active professional and expert advice at all relevant times”.
It added: “HBPL is viewed as successful in dealing with the vast bulk of transactional legal work. However, there is feedback that they can be slow, and that they spend little time at Barnet outside of pre-arranged meetings.
“There is a perception in Barnet that HBPL do not give Barnet the same priority in Harrow, due to not being on site and therefore not being available for the quick advice and discussions that tend to take place in corridors and at water coolers.”
During 2012, Barnet appeared in cases that went to the High Court and the Court of Appeal, losing the case on one occasion.
The report adds: “High-level legal advice needs to be made available to the most senior officers and members during and before discussions are made internally, assessing the risk of legal challenge.
“This role is usually carried out by the MO."
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