MUNICIPAL NAVE IN EL RULADOR

[Dave S]

I can only agree with Nicbats comments. Whatever the "rights and wrongs" Information of this nature should never have been posted on an open fortum in the first place. It should have been kept soley between the two parties concerned.  

[DLMcN]

[What an extraordinary "saga" !] ... But it would certainly be a great tragedy if Sophias stops operating.

[Tetley]

Let's hope all this is sorted out as soon as possible so all the staff can continue with their good work

ditto on that one.

[sharonc]

Let's hope all this is sorted out as soon as possible so all the staff can continue with their good work

[stacey]

As a member of Sophia's for the past 5 years , I can honestly say that I have never found any member of staff to be anything other than entirely professional . I have had many treatments from the therapists and use the gym along with participating in the various classes on a regular basis , all of which are first class . Sophia's is a massive part of the local community and provide a great and much needed service to our village ..... helping raising funds for walk for life and much more . I know I am not alone in hoping this matter is sorted asap and Sophia's and their staff can continue their great work !!!

[Sophia]

I as a Director of Sophia Wellness Centre read this late last night.  I apologies for the delay in updating everyone.  I have to be careful as this topic is in the hands of our solicitor for slander from a particular individual.  Due to this I am limited to what I can discuss.

Firstly - Sophia is not up for sale. It is at full capacity with the toning tables, therapies and classes.  The gym this month has been quiet due to the heat, but we expect this.  In all we are pleased with our constant increase year on year. 

None of our staff are leaving, being sacked or working illegally.  We have an amazing team here and we are thankful for the trust and respect and loyalty they have always shown us at Sophias.

Sophia SL contract DOES NOT state it can only operate as a gym. All Therapist and staff are fully trained and qualified to carry out the work they do.  We supplied to the Town Hall an update last month of all qualifications.  At a meeting yesterday we were advised in Spain to get them all stamped in Almeria. Which we have started today.   Sophia will not be damaged by what has been said and will continue to grow and work with the amazing clients we have.  I would like to thank again my team, Danny and Mike for the support we are always given and for the Mayor in supporting the ongoing partnership we have.  Unfortunately one of the councilors was unable to attend the meeting and I can only imagine this is what has caused these confusions!!

To all our clients over the last 10 years we thank you for your support and will continue to offer you an amazing service.  Regardless of what else will be put on this post I will not be replying as I have bigger and better things to do but will not accept any slander towards me or my staff.    One last thing, we all live in an amazing area, lets support our local village and villagers and be more positive on the good things that are done.  I wish you all a very Happy Weekend.

[Tetley]

We borrowed the money, because we had to pay the contractor at each stage, then send the receipt to the Junta who returns the money ... eventually.
The problem was that the Junta forgot to include the project in their financial estimates, so we had to wait a year for the money.
At last all is now sorted.
We have been employing contractors to finish the work, paid them, and got reimbursed by the Junta.
All the signs have been put up by the Junta, and they will even be putting in the furniture.
They will sign it off ready, which is what we are waiting for.
The Junta will then transfer their staff, doctors and nurses.
The bulding is theirs.
We do not know what they will do with the upstairs which is surplus to requirements.
That is up to them because they paid for it.

As for our Nave.
This is registered in the Plannig dept in Almeria as a community building.
Therefore it has to be used for the benefit of the community, and the Town Hall has to be sure we can justify any use.
We cannot allow a private company to do what it wants in the building without approval and authorisation by the Town Hall.
This is what has been happening, and yes the Town Hall is partly at fault for not controlling the situation in the past.

I have spoken to someone today who is offering services in the building, renting from Sophias.
This person has to submit a request to the Town Hall to rent space, and subject to checking on the activity there is no reason we will not agree.

The important thing is that we have to check on what is being done in the public building, we have to approve the activities, and we have to check on the legality.
If not it is the Councillors who will be legally responsible because we will be failing in our fiduciary duty.
I have enough experience about this legal obligation when Thatcher threatened to embargo my house when I was a County Councillor.
And yes the same law exists in Spain.

Well done Rog .

[Roger]

We borrowed the money, because we had to pay the contractor at each stage, then send the receipt to the Junta who returns the money ... eventually.
The problem was that the Junta forgot to include the project in their financial estimates, so we had to wait a year for the money.
At last all is now sorted.
We have been employing contractors to finish the work, paid them, and got reimbursed by the Junta.
All the signs have been put up by the Junta, and they will even be putting in the furniture.
They will sign it off ready, which is what we are waiting for.
The Junta will then transfer their staff, doctors and nurses.
The bulding is theirs.
We do not know what they will do with the upstairs which is surplus to requirements.
That is up to them because they paid for it.

As for our Nave.
This is registered in the Plannig dept in Almeria as a community building.
Therefore it has to be used for the benefit of the community, and the Town Hall has to be sure we can justify any use.
We cannot allow a private company to do what it wants in the building without approval and authorisation by the Town Hall.
This is what has been happening, and yes the Town Hall is partly at fault for not controlling the situation in the past.

I have spoken to someone today who is offering services in the building, renting from Sophias.
This person has to submit a request to the Town Hall to rent space, and subject to checking on the activity there is no reason we will not agree.

The important thing is that we have to check on what is being done in the public building, we have to approve the activities, and we have to check on the legality.
If not it is the Councillors who will be legally responsible because we will be failing in our fiduciary duty.
I have enough experience about this legal obligation when Thatcher threatened to embargo my house when I was a County Councillor.
And yes the same law exists in Spain.

[Tetley]

Rog im a bit confused .com ere

i though yer borrowed 500 k to finish the medical centre in 2012 ? ie Arboleas owns the freehold , but is staffed and run by the Junta.

[Roger]

The situation of the new medical centre is in no way related to the issues with Sophias.
The Medical Centre is the property of the Junta Department of Health, not the Town Hall, and all the staff working in the centre will be direct employees of the Department of Health.

However some people have pointed out that when, probably in September, the doctors and nurses are working just a few metres from Sophias it would only be a matter of time before they started to ask questions about the unqualified medical activities in Sophias.
That would then be a big problem.

[Roger]

The Town Hall has correctly closed down some of the activities being carried out by Sophias.
I have a public duty to be totally transparent about the actions of the elected Council, including the reasons why we have taken this action.
People have the democratic right to know what their elected representatives are doing.
Local Councils should not be doing things in secret without explaining their actions to their public.

On the subject of the possibly illegal medical or quasi medical activities; when I discovered from Sophias that the practitioners have no qualifications, either in the UK or Spain, I was faced with a dilemma. If I said nothing I am putting the clients at potential risk, if I published it would make things difficult for the people doing the work.
In my opinion the workers have been unaware that what they are doing is illegal.
I have no confidence that Sophias will correctly inform their workers about the situation, so I decided to publish.
This is to protect both the general public and the workers against legal action.
(There is a rumour, I believe correct, that an official denuncia has been made to the authorities, but not by me or the Town Hall).

The Town Hall has given until 30th September (when the current contract expires) for submissions for activities in the nave. These can be made either by Sophias, by the individual workers, or by any other organization.
So provided the proposed activity is legal and there are correct working contracts, with details of the prices to be charged, there is no reason why the Town Hall will not approve it.
The important thing is that any activity must be legal and under the control of the Town Hall, because this is a public building, and we have a legal fiduciary duty.

[kerash]

I agree with Tetley that all this detailed information should not be on an open forum. Apart from the damage to Sophias there are people working there who have been put at risk.
It has been open for 5years with therapy rooms being used by different practitioners. These people have more than likely got their own insurance cover and some type of qualifications.
As a retired nurse I am not aware that all those practitioners need medical qualifications unless the regulations are different in Spain.
There are several businesses havi g different practitioners coming in. Are they also at risk.
Call me cynical but we have been told the new medical centre is too big for the population. Therefore it could be assumed that there is a need to fill it with something.!!!
Yes I realise that something's have happened which should not have but why are innocent people to be punished.
I would have more faith in an an administration who do not hang dirty washing out in public for anyone who does not like the gym to put the boot in. Plus extra detail on Arboleas live. Disgraceful.

[Tetley]

Personally id have thought this was a offical ongoing & confidental  matter between the GYM and the town hall Legal Secatery.

[Pinkgolf]

I was not comparing the requirements in the UK to those in Spain....I know that qualifications and professional indemnity insurance cover have to be translated and approved by the Spanish authorities before you can practice out here!!!!!
I was simply pointing out that the "properly" UK  qualified practitioners at Sophias should have automatically known this anyway. They would have been told by their professional institutes in the UK that this was a necessary requirement to practice outside of the UK. Any of the practitioners at Sophias who didn't get this aspect of their business sorted out beforehand would have known they were practicing illegally and would get struck off their professional register if found out !!!!!!!!!

[Roger]

Nothing I have published is rumour.
Everything is fact based on the documents eventually provided to the Town Hall by Sophias.
According to these documents NONE of the workers in Sophias have any medical qualifications.
I and the Town Hall had no option but to take action to protect the public.
It is true that the therapy rooms were built by the Town Hall,
BUT not to be sublet to other people and not to be used by unqualified personnel.
Sophias assured us that the staff were qualified.
The document supplied to the Town Hall show that they are not.

AND why did Sophias think it was acceptable to sell the hairdressing business without discussing this with the Town Hall.
I have the sales contract.

Yes there are always 2 sides.
The right side and the wrong side.

[Pinkgolf]

Surely all the "medical" practitioners at Sophias must have their own insurance through their various professional institute bodies, or they would not be able to legally practice, nor retain their legal qualifications or their professional titles.
I know that, when I had my private chiropody practice in the uk, I had to have yearly professional indemnity insurance (up to £3,000,000 cover), 3rd party insurance, property/business premises insurance, health and safety spot checks, yearly equipment/electrical checks and compliance certificates. If not, I would have been struck off, my professional qualifications taken away and would have been banned from practicing. If the practitioners at Sophias have none of these and have not questioned whether the premises are covered, then surely they must have realised that something was "not quite right" !!!!!!

[Jo-JoB]

It strikes me that Roger and the TH can't do right for doing wrong.

If this premises is conducting medical procedures such as Acupuncture, Laser treatment and Invasive Beauty treatments etc, and using staff without the correct qualifications and insurance. Then the TH is absolutely right to close them down until such time that qualified staff and correct procedures are followed.

If someone had been injured by such practices, and it is found that the TH knew about it, but had done nothing, then the residents of Arboleas would be shouting for Rogers head on a plate!

You just can't please everyone!

[macc]

There is no defence for illegal activities, or knowingly working outside your contract, especially activities that have the potential to damage a person. Setting up a practice, or a business in the areas described without the proper qualifications, which would also mean without proper insurance will always have problems. Legal instruction to cease activities without penalty seems fair. I remember a very similar story of a health center set up Hackney in 2007, ran for a few years, served the local community well, but illegal, closed down completely, and that, just like here, was run by, and for immigrants mainly.

[Nicbat]

Yes Seth, you are so right. The building was Designed to Sophias specifications by the Ayuntamiento to incorporate therapy rooms, rehabilitation etc all approved at the time! Obviously they now have something else in mind for the building so try to make out illegal practices are going on, all of which were agreed at the start! All very sad for the local community.

[Seth Pittham]

Interesting reading, but let us all be honest with each other, nothing unusual?

Whatever has been / is going on within the Ayuntamiento's owned nave, must have been well known and sanctioned by those responsible for running the Ayuntamiento, for whatever convenient reasons.  Fully cognisant, culpable ( ask me about what went on in South London's Lambeth council in the '70s).  In fact, I will bet my only "Love me tender" Elvis, 78 RPM record to the person who proves me wrong.

The main thought that runs through my mind and, makes me more angry than a customer telling me has looked at Google and knows what the fault is with their TV, is that there will be casualties, innocent people, who have been unknowingly sub renting, letting whatever, trying to do things correctly. Probably in all innocents for that I am sure. They stand to loose out. But surely, any interested party who wants to provide a service, run a legit business etc... could go to the Ayuntamiento to see what is available.

It would be nice that "start-ups" were provided with an easier path via the authorities. Nice corner shops. After all, that's what Britain is built on.... Sorry, forgot where I was.
My support to those that are genuine victims. If I can help, let me know.

[Nicbat]

Sorry,  there are 2 sides to every story. It seems to me you are setting out to destroy a fantastic facility within the village. Surely a person in your power should keep personal comments to yourself Roger, this is surely hearsay and gossip which should not be published on a community forum!! Innocent until proven guilty!! What evidence do you have to back this up?

[Amanda Oakley]

How can you sell a business that is operating what appears to be a complete "scam" as far as "employees" are concerned, pretty clever number really !!! Aside from the completely irresponsible threat to clients if people providing treatments are not registered - this would also mean they are not insured ?????
Also sure this is not a "recent" developmemt !!!!
SCARY :c029: :c029: :c029:

[Hunter]

Oh dear, I  heard that the business was up for sale. This won't help with the valuation!!! :bravo_2:

[Roger]

The Mayor of Arboleas has issued a legal instruction to Sophias SL to cease all activities in the municipal nave in El Rulador which are not included in their contract.

The contract between Arboleas Ayuntamiento and Sophias SL only authorises Sophias SL to operate a gymnasium.

Sophias SL has been carrying out activities for which they have no authority, some of which are illegal.
These unauthorised, irregular or illegal activities include:-
Physical rehabilitation
Medical acupuncture
Laser treatment
Invasive beauty treatments
Hypnotherapy
Podiatry
Medical advice in the Well Persons Clinic, including kidney disease and melonomias.
All these activities require the appropriate qualifications registered in Spain.
On the basis of information supplied by Sophias SL, at the request of the Ayuntamiento, none of the workers in the municipal building have any medical or other appropriate qualifications.
These activities are therefore illegal.

In addition Sophias SL has been sub letting rooms in the municipal building without the authority of the Ayuntamiento.
They have been ordered to cease this.

I have been investigating these activities for many months. Sophias SL previously denied the sub letting was taking place, and informed us that all their workers had the correct Spanish registered qualifications.
We have now clarified the facts, and have issued this legal instruction.

On a related issue, Sophias SL has sold the hairdressers, against the knowledge or permission of the Ayuntamiento, and at the same time has been attempting to charge the new owner for renting the salon, against the knowledge of the Town Hall. This only emerged at the end of my investigation, and had nothing to do with the conclusions we have reached.
I am making this point because the new owner of the hairdressing salon is being victimised and blamed for informing the Town Hall of the irregularities in Sophias.
This is not true. I am the only person who is responsible for discovering and investigating these irregularities, something I have been doing for many months.
So I am sorry if some people will lose their jobs as a result, but the only person responsible is the owner of Sophias SL for carrying out these activities.

I know that Sophias SL are blaming me. That's OK. I am guilty in ensuring that the use of a Council building is correct, and that the public is protected against illegal activities.

The Ayuntamiento is preparing detailed procedures for authorising legal activities, either by Sophias or my individual practitioners working independently of Sophias SL.
These authorisations have to be concluded by 30th September when Sophias current contract expires.
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More background information is on www.arboleaslive.com