ASSESSMENT DECISION NOTICE

NO FINDING OF WHETHER THERE IS A BREACH OF THE CODE

Reference: / CCN043/12
Complainant: / Barbara Hewitt-Silk
Subject Member: / Councillor Roger Phillips, Mabe Parish Council
Person conducting
the Assessment: / Simon Mansell
Date of Assessment: / 21 December 2012

Complaint

On 21 December 2012the Monitoring Officer considered a complaint from Barbara Hewitt-Silk concerning the alleged conduct ofCouncillor Phillips of Mabe Parish Council. A general summary of the complaint is set out below:

  • It is alleged by the Complainant that Councillor Roger Phillips, acting as Chairman of Mabe Parish Council, has exceeded his authority, made statements which are not true and has shown disrespect to the Complainant and his behaviour is such it would bring the Council into disrepute. These statements are made in relation to the enforcement of a planning matter on land owned by the Complainant.

Decision

The Monitoring Officer makes no finding as to whether there has been a breach of the Code of Conduct.

Reasons for the Decision

  • A substantial amount of the complaint relates to procedural matters at Mabe Parish Council andthe concerns of the Complainant in the way in which the Parish Council handled this matter are noted. However, the procedures of the Parish Council are not something which can be considered by way of a complaint made under the Code of Conduct as it is only the conduct of an individual Member concerned that can be considered when such complaints are assessed.
  • It is noted that the Complainant and Councillor Phillips had entered into an email exchange which related to the inaccuracies of statements made by Councillor Phillips. Councillor Phillips considered that the information which he has provided was correct and in making a statement to the Complainant he has stated that it is a matter for the Complainant to address any perceived factual inaccuracies.
  • The Complainant has not supplied any information which may support the claim of these inaccuracies. Therefore in assessing this matter on the facts and the information provided, it is not possible to further determine whether there has been or may have been a breach of the Code; and the alleged conduct, as considered at assessment, does not merit an investigation.
  • Therefore having regard to the public interest no finding of whether there is a breach of the Code of Conduct is the appropriate finding to make.

What happens now?

This decision notice is sent to the complainant, the member against whom the allegation has been made and the Clerk to Mabe Parish Council.

Right of review

At the written request of the complainant, the Monitoring Officer can review and is able to change a decision not to refer an allegation for investigation or other action. To ensure impartiality in the conduct of the review different officers to those involved in the original decision will undertake the review.

We must receive a written request from the complainant to review this decision within 28 days from the date of this notice, explaining in detail on what grounds the decision should be reviewed.

If we receive a request for a review, we will write to all the parties mentioned above, notifying them of the request to review the decision.

Additional help

If you need additional support in relation to this or future contact with us, please let us know as soon as possible. If you have difficulty reading this notice we can make reasonable adjustments to assist you, in line with the requirements of the Disability Discrimination Act 2000.

We can also help if English is not your first language.

SJR Mansell MBE

Principal Legal Officer

On behalf of the Monitoring Officer

Date:9 January 2013