Friday 6 October 2017

Consultation Now!

Residents demand consultation now on the interim and future arrangements of management of their homes.

Kensington and Chelsea Tenant Management Organisation (KCTMO) are not fit for purpose. Over the years, they have systematically failed tenants and leaseholders and treated them with contempt and institutional indifference. RBKC have also consistently ignored the views and concerns of its residents. Consultations have been meaningless and mostly just a tick boxing exercise.

On 7 September 2017, RBKC took back control of their powers from Gold command and have returned to business as usual. This is despite an appalling response to this tragedy that was partly caused by the RBKC business conduct when it comes to residents. 4 months on, the voice of residents continues to be ignored and there is still little engagement on decisions that affect our future. We are yet to see tangible action from RBKC that would help rebuild some public confidence in their ability to serve our community.

 KCTMO have now called for an AGM to be held on 17 October 2017 proposing a resolution to give notice of termination of the agreement (Resolution 5) with RBKC and for RBKC to then become the sole member of KCTMO (Special Resolution 6). Residents will lose their membership of KCTMO. Residents are concerned that KCTMO will get its way again. They must remain accountable for their actions leading to Grenfell fire for the purpose of the criminal investigation and the public inquiry.

This is born out by the blatant attempt to use our traumatised emotional state and our anger towards the KCTMO to encourage the residents to vote for Resolution 5 and Special Resolution 6 that will be detrimental to the rights and voice of the residents.

What KCTMO is effectively asking is that the members agree to end the agreement themselves, because the Council is asking them to. It appears that this is a blatant attempt to circumvent the set procedure RBKC should follow should it wish to terminate the Modular Management Agreement (MMA). It may be that this is an attempt to pass power to the Council prior to engaging in a consultation process with members, which is a cause of some concern.

An even stranger aspect of this is a second resolution Special Resolution 6 containing alteration’s to be made to the KCTMO Articles of Association (its constitutional document). This is a highly unusual proposal, which provides for RBKC to itself become a member of the TMO – preparing for a future situation in which it will become the “sole member”. What seems to be proposed here, rather than the ending of the TMO as suggested in Resolution 5, is the continuing existence of the TMO, which will at some future point consist only of the Council itself. According to the draft MMA as we understand it, RBKC have the power to take measures including the serving of a supervision notice serviced in respect of all of the TMOs management functions.

How can we trust them when we do not have a copy of the MMA, we have made a Freedom of information request however we have been ignored.

As a result, Gordon Futter, coordinator of an RBKC residents groups put a motion calling on a postponement of the vote for Resolution 5 and Special Resolution 6 that would jeopardise the interests of over 9,000 households in Kensington and Chelsea.

Gordon Futter commented that” we want KCTMO gone but they must go on our terms and without further prejudice or detriment to the residents. KCTMO are playing with our emotions. By voting for these 2 resolutions and without further clarifications or guarantees, we are vulnerable to a transfer of the Council housing stock and we would lose our right to participate. Promises of consultations are meaningless in this borough and we expect guarantees. It is not a political game. Our future depends on it. We are entitled to access information and advice, and to be given adequate time to make a real choice of what happens now. We have had no say in the transitional arrangements between RBKC and KCTMO. We have no access to the contract that gives options to end the KCTMO after Grenfell; we can never go back to being ignored and side lined or consulted RBKC style. It simply doesn’t work. My motion is the first step for resident’s to take back control and choose what is right for us.”

Residents expected full and proper consultation to take place on any interim arrangements about the future management of our homes. Instead of using their powers to take actions such as serving supervision notices or other warnings, they have been in bilateral discussions with KCTMO without consulting with residents.

Residents are concerned by the lack of information/action to advice on the consequences of adoption KCTMO’s resolutions. Residents are also concerned that KCTMO yet again attempt to mislead them and that the proposed way of ending KCTMO management is an attempt by both KCTMO and RBKC to circumvent the consultation process, Furthermore, the adoption of the special resolution effectively means that residents are relinquishing their right to participate

For more information please contact Gordon Futter:
g.futter@mac.com

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