Showing posts with label Rosemarie Clarke. Show all posts
Showing posts with label Rosemarie Clarke. Show all posts

Thursday 4 January 2018

Brent Council to instigate recording of legal advice & (some) meetings with developers in response to criticism

The Audit Advisory Committee is not the most high profile of Brent Council committees but is has an important role, not least in these times of controversy.  The Committee has a fairly independent membership so it is to be hoped they give matters a good airing.

Next Wednesday's meeting has three items relating to stories published on Wembley Matters where officers seek, in two of them, to respond to some of the criticisms.

Firstly there are recommendations made by the auditor following his consideration of the objections to Brent Council accounts regarding the payment made to Cara Davani, former Head of Human Resources LINK. Despite not finding for the objectors he did suggest some actions in areas highlighted in their evidence.


Click to enlarge
The report puts on record Brent Council's  view of the initial case in which Cara Davani was found guily by a Watford Employment Tribunal of racial dscrimination and bullying of Rosemarie Clarke:
It remains the Council’s position that the sequence of events resulting in the unfair dismissal of Rosemarie Clarke reflect poorly on the organisation as it then was, and caused harm to the Council’s former employee. Lessons have been learned and new procedures have been implemented and the Council hopes that with this report the long-standing matter may now be brought to a close.
Another controversial issue has been Cllr Butt's meetings with developers, the lack of a note of what took place at the meetings and absence of any officers at these meetings LINK.

The Committee will consider proposed changes to the Brent Planning Code of Practice and will need to ensure that the changes are sufficiently robust as to restore public confidence in the planning process before they go to the Cabinet for approval.

The report states: 
There is a new section on ‘Discussions between members and meetings with developers or their representatives’. This in part incorporates into the code ad hoc advice issued by the Monitoring Officer to Members in the recent past and in part strengthens the Council’s commitment to being seen to be promoting good practice. The requirements aim to strike a proper balance between promoting public confidence in the integrity of the planning process and the legitimate reality of local government life. Of particular note is the requirement that pre-application discussions or discussions about undecided applications between Members and developers (or their representatives), are arranged, attended and documented by an officer.
This is the full section:*
Provided Members comply with the practical requirements  if this code and the Members Code of Conduct, there is no legal rule against Members, whether of the same group or not, discussing strategic planning issues, general policy issues or even future decisions.

Similarly, joint working, both formal and infornal, and dialogue between members of the Planning Commitee and members of the Cabinet is recognised as a legitinate reality of local government life. Members of the Planning Commitee need to ensure that when making planning decisions, they make up their own mind and on the planning merits.

Relevant members of the Cabinet are entitled to meet with developers or their representatives and other relevant stakeholders as part of their role to promote Brent and the regeneration, development and other commercial opportunities available in the borough.  In doing so Members of the Cabinet must always act in the best interests of the council and ultimately in the public interest, and in accordance with the high standards of conduct expected of Members, to ensure that the integrity of the planning process is not undermined and the council is not brought into disrepute.

Reasonable care and judgement should be exercised in relation to such meetings, taking into account the purpose of the meeting, the nature of the issues to be discussed and the timing.  In appropriate circumstances, exercising proper judgement may include ensuring a record is kept of the meeting. Cabinet members should make sure it is understood that their participation in marketing events or commercial discussions is separate from the adminstrative and regulaltory role of Members of the Planning Committee.

Although members of the Cabinet are entitled to express support or opposition to development proposed in the borough, they cannot use their position as a Member improperly to confer on or secure for any person an advantage or disadvantage.
As pre-application discussions or discussions about undecided applications require particular care, the following additional rules apply. An officer must make the arrangements for such meetings, attend and write notes. The meeting arrangements must include agreeing an agenda in advance. (my emphasis)
* The report on the Committee Agenda is a 'tracked changes' Word document converted into a PDF and very hard to read, particularly for anyone not versed in Word. Without a 'clean copy' I find it hard to see how it could receive proper scrutiny. See it HERE  It's ironic that a document trying to increase accountability and transparency is itself not readily accessible.

The last item is controversial and will remain so as Brent Council has restricted public access to the information. There is an update on the issues surrounding the asbestos contamination in Paddington Cemetery, first raised by Cllr John Duffy on this blog LINK but the update is not publicly available and the public will be excluded from the discussion about it.   No glimmer of light here.

Friday 5 August 2016

Auditor asked to make a Public Interest Report on Davani pay-off

The Cara Davani issue just won't go and the news that she now runs a 'boutique hotel' in Suffolk LINK isn't going to exactly endear her to those who have been seeking out the truth about her £157k pay-off.

Now Councillor John Warren, leader of Brent Conservative Group, has asked Brent Council's Auditor, KPMG, to make a Public Interest Report under Section 24  of the Local Audit and Accountability Act 2014.
Dear Mr. Johnstone, 

I seek your consideration of a public interest report in respect of the Accounts of the L.B.of Brent for 2015/2016...........

1. I am on the electoral register in the Brondesbury Park  Ward in HBP4.

2.” Why you are objecting and facts on which you rely.”

I am objecting that you have not issued a report on what I shall refer to as the “ Rosemarie Clarke saga .”.......and put forward the following....

(a) L.B.Brent has suffered a significant financial loss due to mismanagement,incompetence,and decision - making at the highest level that fail totally to pass ANY test of “ reasonableness.”
(b) The cumulative cost of this saga totals in excess of £1 m. for 2014/2015 and 2015/2016.
(c) There is considerable interest in this saga from Brent residents.
(d) As admitted by L.B. of Brent, here has been considerable reputational damage to the Council as a result of this saga.

3. “ Details of any matter you think the external auditor should make a public interest report about .”.......

(a) The saga as referred to above with specific reference to .....

•          did the personal relationship between Christine Gilbert ,former Chief Executive ,and Cara Davani have any effect on the decision - making  in this saga?
•          did the fact that  the two afore-  mentioned individuals had previously worked together at both Ofsted and L.B. of Tower Hamlets play any part in the decision - making in this saga?
•          was it ,in  any way possible, “ reasonable “ for Ms Gilbert NOT to  initiate a disciplinary process against M/ s Davani in the light of the brutal judgement and comments by the Judge in the  Employment Tribunal case  at Watford - 3302741/2013?
•          did “ unreasonable “ decision - making in this saga mean that Brent Council should never have been placed in the position of having to agree an exit payment to M/ s Davani of £157,610 - as per 2015/16 accounts?
•          was it a proper use of public monies for L.B.of Brent to pay the costs/ damages awarded personally - as a defendant- against M/ Davani?

4. “ What you would like the external auditor to do ?”

I should like you to issue a public interest report on the reasonableness or otherwise of the decision - making in the “ Rosemarie Clarke saga. “..... because of the significant cost in money terms, Council reputational damage  and Brent  staff- relations ....
•          was it reasonable to take disciplinary action in the first place against Ms Clarke?
•          was it reasonable to appeal the Tribunal verdict in the light of the Judge’ s comment that “ Brent had no reasonable prospect of success ?”
•          was it reasonable not to take disciplinary action against Ms Davani in the light of the Tribunal judgement?
•          was it reasonable for Brent to pay all Ms Davani ‘ legal costs and damages personally awarded against her?
•          was it reasonable for Brent to make the exit payment of £157,610 to Ms Davani?
As is required by law the request has also been submitted to Brent Council's Chief Finance Officer, Conrad Hall.

If anyone else wishes to make a request it must be written in a proper form to the Auditor by August 11th. Here is some guidance from  Philip Grant submitted earlier today as a blog comment:
if you are on the voters list for Brent, you have a right, if you wish, to object to the expenditure of £157,610 by Brent Council, BUT ONLY if you submit your objection in a proper form by Thursday 11 August.

If you do want to do this, it can be done by email to the auditor at KPMG: philip.johnstone@kpmg.co.uk , and a copy must also be sent to Brent Council's Chief Finance Officer: conrad.hall@brent.gov.uk .

Your email would need to say that it is about the accounts of the London Borough of Brent for 2015/16, and that you are objecting under Section 27 of the Local Audit and Accountability Act 2014.

You need to say that you are an elector in Brent, give your full postal address, and (if you know them) the name of the Ward in the borough and the constituency (e.g. Brent North, Brent Central or Hampstead & Kilburn) in which you are registered to vote.

You must say what you believe is wrong about the accounts and why you believe they are wrong. If it is the £157k payment, you should say that you are objecting to the compensation for loss of office payment of £157,610 to Brent's former Human Resources Director, shown at Note 30 (Senior Employees' Remuneration) in the accounts, and that you think it is wrong to include this amount in the accounts because it was not a proper payment for the Council to make.

In support of your objection, you need to explain why you think the £157k should not have been paid, and provide what evidence you can. Based on your comment, you could say that Cara Davani should already have been sacked for gross misconduct after the Tribunal findings against her (Note: these were NOT for racial discrimination, but for victimising Rosemarie Clarke and for wrongly having her suspended for misconduct just because Rosemarie had complained about being bullied and harassed by her); that she should not have been given a compensation payment for leaving (or at most only a small one, quoting the normal redundancy rates from your comment); and that the £157k payment shows she was being treated more favourably than she should have been because she was a crony of Christine Gilbert.

You don't need to provide much evidence, as you can also say that you are aware that there has been another objection about the leaving payment to Cara Davani, and that you would like any evidence provided in any other objections to be used in support of your objection as well.

At the end of your objection email, you would need to ask the auditor to investigate the payment you have objected to, and either:

1) ask the Court to declare the payment unlawful, under Section 28, if he thinks there is a strong enough case for this; or,

2) make a public interest report, under Section 24, giving his views on the payment and asking Brent Council to take action to remedy it.

Thursday 4 August 2016

Brent's Annual Governance Statement: Public money safeguarded & properly accounted for?

A Wembley Matters reader writes: I came across the attached document tucked away in the "Transparency in Brent" section of the Council's website, while researching a point on the 2015/16 accounts. Brent's Annual Governance Statement opens with the words:

'Brent Council (‘The Council’) is responsible for ensuring that its business is conducted in accordance with the law and proper standards, and that public money is safeguarded and properly accounted for, and used economically, efficiently and effectively.'

The statement does actually mention (though not by name) the Rosemarie Clarke case and the settlement with Cara Davani at the end of Section 5 - Significant Governance Issues.

I wonder if other Wembley Matters readers might be interested in having this Statement brought to their attention (as I am not aware that the Council has done much to publicise it).

Sunday 24 July 2016

Further questions regarding Brent Council and the Cara Davani case

Cllr John Warren, leader of Brent Conservatives has responded to  Philip Grant's recent guest post on the Cara Davani case, which Philip sent to the leaders on Brent Council,  LINK with the following additional questions, copied to all Brent councillors:



1. Why did Christine Gilbert,as line manager, not take disciplinary action against Ms Davani following the conclusion of the Watford Employment Tribunal case? The judgment LINK handed down was " brutal " against Ms Davani......members should have a read.



2.Did the Gilbert/ Davani / Butt relationships have any impact on this saga?



3.How will future Brent disciplinary cases be affected by the way Ms Davani was not disciplined? Will not Brent staff be able to use this example...and ask how action can be reasonably taken against them in the light of the decision on Ms Davani. Surely this raises the bar very high as to when the Council can take disciplinary action against any member of staff?



4.Did the Council consider,or not ,whether Ms Gilbert had acted reasonably in her decision not to initiate disciplinary action against Ms Davani?



5. Should Brent 's auditors include this Rosemarie Clarke/ Cara Davani case as a " public interest " report in the final accounts for 2015/2016?



   I have written this week to our auditors making a detailed argument that this should be included .I urge anybody else who agrees with me to write to.....



  Philip.Johnstone@ kpmg.co.uk



6. Why did the " Pavey HR review , " which was supposed to learn lessons from the Rosemarie Clarke case, not even look at the case. How are you supposed to learn lessons .... if you ignore the case that was responsible for the review in the first place!

Thursday 21 July 2016

Brent Council and the Cara Davani “pay-off” – questions that still need to be answered


I commented on Martin’s 11 July blog about Labour abstentions on Tory Davani motion”  LINK , that I might need to write a guest blog for what I would like to say, as a “comment” did not allow enough space. This is that guest blog:-

I was not at the Council meeting on 11 July, but I have watched the debate on the “Webcast” page of the Council’s website. The first thing it clarifies is that Brent Council was misleading us when it stated in June 2015 that Cara Davani was leaving ‘to take a career break.’ From the statements made in the debate by Cllr. McLennan, and particularly by Cllr. Colwill, it now appears that Ms Davani was made redundant, and that, it is claimed, the £157k she received was Brent’s “normal” redundancy pay-off of one year’s salary plus a further three months in lieu of notice.

However, if this was a redundancy, it was not a “normal” one. It was not the result of a staff restructuring, where her post had been done away with, like the two senior management reorganisations she brought in during her time in charge of Brent’s HR (with large redundancy pay-offs to the Assistant Chief Executive and Legal Director, among others, at the end of 2014, and to a whole raft of senior officers in March 2013). So (1) what was the reason for Cara Davani being made redundant, who decided that she should be made redundant, and why then, in June 2015?
  
 Had she become too much of an embarrassment to Brent Council, or was it part of an “exit strategy” she had worked out herself with her close associate and then interim Chief Executive, Christine Gilbert, before the newly appointed Chief Executive, Carolyn Downs, took over?

Cllr. McLennan, in response to Cllr. Warren’s motion, argued that Brent had to make this pay-off on the basis of external legal advice, and that if it had not done so, Cara Davani could have claimed against the Council for constructive dismissal. I welcome the news that Cllr. Warren has apparently made an FoI request for this legal advice to be made public LINK . If that legal advice was only sought around June 2015, it might have been correct, but only because Brent had failed to take timely disciplinary action against Ms Davani, in September 2014, for her misconduct in the Rosemarie Clarke case.

I have written a great deal about that case, and this article would be far too long if I went into the details again now, but I will refer to some earlier blogs, and provide links to them for anyone who wishes to follow up the points I will make. On 21 September 2014 I wrote jointly to Christine Gilbert and Fiona Ledden (then Brent’s Legal Director), referring to the Tribunal’s judgement, and to comments made by “Wembley Matters” readers on blogs about it LINK, before saying:

‘… I believe that the most important matter, before you consider your own futures, is that you must insist on the immediate resignation of Cara Davani (if she has not already left Brent's employment permanently). Any thoughts of wasting further money (including my own Council Tax payments) on an appeal in this matter should be dropped, as the Tribunal has made the findings of fact which make this such a damning judgement of Brent's actions against this employee, and no legal arguments can undo those findings.’

On the same day I wrote a similar email to Cllr. Muhammed Butt, with copy to my Fryent Ward councillors, saying: 

‘What should you do, on Monday morning if it has not already been done before? If Ms Davani has not already resigned or been suspended, you should ensure that the Chief Executive, or the person deputising for her if she is not available, speaks to Ms Davani and insists on her immediate resignation, in the light of the findings of the Tribunal about her actions. While this would treat her misconduct more leniently than she has treated that alleged of others, it would allow her to go immediately, but with payment from Brent for her period of notice, and at least show that the Council is taking the judgement seriously. If Ms Davani refuses to resign, formal misconduct proceedings (including her suspension) would be required, with care being taken that the correct procedures are properly carried out (unlike in Ms Clarke's case).’



As we now know, no disciplinary action was taken then, and I believe there would have been no grounds on which Ms Davani could have claimed “constructive dismissal” if it had been. So (2) why was no disciplinary action taken against Cara Davani in September 2014, when there was clear evidence and findings of fact in the Employment Tribunal judgement to show gross misconduct by her, and who decided that no such action should be taken?



In opposing the motion at Full Council, Cllr. McLennan used Cllr. Pavey’s HR Review and press statements made by the Council that it would not tolerate the sort of behaviour shown by the Rosemarie Clarke case to support her views. Between November 2014 and September 2015 I made a number of attempts to get issues arising from this Employment Tribunal case “on the agenda” at meetings of Scrutiny Committee and Full Council, so that councillors could discuss them openly.



One example was a deputation that I had asked to present to Scrutiny Committee in April 2015, when it was considering the report on Cllr Pavey’s Review, and the draft action plan arising from it. What I hoped to say, so that committee members could question the interim Chief Executive and HR Director (who were present to speak on the report) about it if they wished to, included the following:

·      that the Review was set up to ensure that lessons were learned from the Rosemarie Clarke case;

·      that Cllr. Pavey could not consider that case, as his terms of reference would not allow him to; and,

·      as a result, the Review ignored an important lesson which should have been learned:

‘that even the best HR policies and practices are of little use if they are ignored by the officers who are supposed to follow them.’ 

After referring to guidance issued by Brent’s HR Director, that ‘bullying and harassment will not be tolerated’, and evidence from the Tribunal’s judgement of misconduct by Ms Davani and a total failure by Christine Gilbert to follow Brent’s HR procedures when dismissing a grievance raised by Ms Clarke, my deputation asked:

‘If the Senior Officers responsible for such findings ignore Brent’s HR policies, what example is that setting to the Council’s other staff? The Action Plan is totally undermined, because why should managers bother to put the policies into practice, when those at the top ignore them and get away with it? Even if disciplinary action was taken against more junior staff for policy breaches, they could argue at any hearing that it would be unfair to penalise them, when no action was taken against Brent’s Director of HR for far worse misconduct.’

Scrutiny Committee would not allow me to present that deputation LINK . I think the presence of Cllr. Butt, sitting beside Cara Davani opposite the committee members, may have intimidated them into reaching that decision, but the official reason was advice from the Chief Legal Officer that I should not be allowed to refer to the Rosemarie Clarke case in speaking to the committee, as it ‘had not been fully concluded’.

Although that case was still not fully concluded, Cllr. Muhammed Butt was allowed to issue a statement about it at the end of July 2015. It claimed that he was giving the facts of the Rosemarie Clarke judgement, because of ‘untruths’ that had been written about it, but I responded to him LINK  pointing out that HE was the person trying to misrepresent the Tribunal’s findings. This was another example of him seeking to “protect” Cara Davani, and I invited him to respond to these charges, which he has always tried to ignore LINK . So I ask the Council Leader again (3) why was Cllr. Butt “protecting” Cara Davani and Christine Gilbert when he had known about their misconduct in the Rosemarie Clarke case since at least September 2014?

Although we now know, a year later, that Brent paid Cara Davani £157,610, we still do not know the answer to a second point which I tried to raise when rumours of a pay-off emerged in June 2015 LINK . Cara Davani was a separately named respondent in the Employment Tribunal case, and would have been personally liable to pay some of the compensation, damages and costs which the Tribunal was due to award to Rosemarie Clarke. So my final question, to Brent Council, is (4) whether the out-of-court settlement made to settle Rosemarie Clarke's Employment Tribunal claim in September 2015 included any contribution from Ms Davani, or whether Brent Council paid the full amount including any compensation, damages and costs which the Tribunal could have awarded against Ms Davani personally?

I will send a copy of this guest blog to Cllr. Muhammed Butt, Leader of Brent Council, and the Council’s Chief Executive, Carolyn Downs. I will also copy it to the three councillors who spoke in the debate on the motion at Full Council, the Deputy Leader, Margaret McLennan, and the Leaders of the two Conservative groups, John Warren and Reg Colwill. I hope that they will, together, realise that the questions I have highlighted above do still need to be answered, openly and honestly, so that Brent can finally put the Rosemarie Clarke case behind it, and that they, or one of Cllr. Butt or Ms Downs on the Council’s behalf, will issue a public statement answering those questions.

Philip Grant.

Friday 27 November 2015

Standards at Brent Council - An open letter to Carolyn Downs

Regular readers will be aware of Wembley Matters' attempt to hold Brent Council and its leader Muhammed Butt to account. No one has been more consistent and persistent in this than Philip Grant who has written this Guest Blog. Philip is not affiliated to any political party but deeply committed to upholding standards in public life.

This post is much longer than I usually publish but I urge readers to read it and its attachments so that they are fully aware of the issues involved. The 'Challenge' document lists the full allegations against Muhammed Butt.

Standards at Brent Council – an open letter to Carolyn Downs


In a recent “blog” I referred to the “scales of justice”, which form part of Brent Council’s Coat of Arms LINK. Experience suggests that “scales of injustice” is now a more accurate symbol of the Council, where the interests of Cllr. Butt and his closest allies outweigh the rights of Brent’s citizens (and of its employees who were victims of the Cara Davani HR regime). The inscription that I visualise over the Civic Centre reads: ‘Punish the weak and protect the wrongdoer’. If you cannot see it too, perhaps that is because it has been covered up! I invite you to read this blog, and to add your views as comments. 
Question: When is a breach of Brent’s Members’ Code of Conduct ‘outside of the scope of the Code’?
Answer: When you are Cllr. Muhammed Butt.
Five months ago (on 18 June 2015) I made a complaint to Brent Council’s Monitoring Officer, Fiona Alderman, alleging a number of breaches of the Members’ Code of Conduct by the Leader of the Council. I added further allegations against him in emails of 21 July and 18 September. The breaches included failures to comply with all seven of the general conduct principles which Council members must comply with, under the Code, in order to maintain the high standard of conduct required of them: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
These allegations should have been referred to the Council’s Standards Committee at its meeting on 1 October 2015. On the eve of the agenda for that meeting being published, I was told by the Monitoring Officer that she would not be referring them, as ‘these matters are beyond the scope of the actions or behaviours of an individual member and are therefore outside of the scope of the Code.’ I immediately wrote to Ms Alderman and to Brent’s new Chief Executive, Carolyn Downs, to challenge that decision, and it was agreed that they would review the case in discussion with ‘the Independent Person’.
After a further two months, I received the result of that review, which effectively restates the Monitoring Officer’s original view, as if it were fact, that the detailed allegations of breaches of Brent’s Members’ Code of Conduct which I made do not come within that Code of Conduct. When I read the absolute nonsense contained in Ms Downs email to me of 18 November, I knew that I had to reply, not only to show that it was wrong, but to set out in detail why it was wrong.
As well as being serious allegations which quite clearly related to breaches of the Code by Cllr. Butt in the performance of his role as a Council member, the Monitoring Officer’s failure to follow the rules in Brent’s Constitution and its adopted Standards procedure meant that the allegations could not be dealt with openly and transparently. My allegations against Cllr. Butt were being covered up, and the Standards Committee (the body which could be held publicly to account for its decisions) was being prevented from dealing with them. I was also concerned to find, when trying to discover who the ‘Independent Person’ was who had been consulted over my challenge, that Brent does not appear to have had a properly appointed ‘Independent Person’ for Standards purposes (under the Localism Act 2011) for the past 18 months!
I am setting out below, in the public interest, the text of my open letter to Carolyn Downs. The appendices to the letter are in a pdf document attached, as is the text of my “challenge” to the Monitoring Officer of 23 September. How Brent’s new Chief Executive and Brent’s Standards Committee (whose members have also been sent copies of these documents) deal with my letter will tell us much about their openness and integrity.

THIS IS AN OPEN LETTER
27 November 2015

Dear Ms Downs,
Failure by the Monitoring Officer to refer my allegations of breaches of Brent’s Members’ Code of Conduct to Standards Committee
I am writing in reply to your email to me of 18 November 2015. You will see that I am treating this as an open letter. I intend to copy it to the members of Brent’s Standards Committee, for reasons which I will explain below, and to make it publicly available, in the interests of openness and transparency.
I do not accept the justification(s) which you have given, on behalf of the Monitoring Officer and the ‘Independent Person’, for why the detailed allegations which I made to the Monitoring Officer on 18 June, 21 July and 18 September 2015 should not be referred to Brent Council’s Standards Committee. I will set out my reasons for this at 1. and Appendix A below. As some of my points refer to a document which I sent to you and Ms Alderman on the evening of 23 September, I am attaching a copy of that document, for ease of reference.
By not referring my allegations to Standards Committee, the Monitoring Officer has failed to abide by Brent’s Constitution, and the Standards procedures adopted by the Council. My reasons for this statement are given at 2. below.
There also appear to be irregularities, and a possible breach by Brent Council of the Localism Act 2011, over the ‘Independent Person’ who is said to have been consulted over my allegations, as set out in Appendix B below.
1.1  I believe I have shown, both in my “challenge” of 23 September and in Appendix A of this letter, that the statements made, as if they were facts, by or in support of the Monitoring Officer’s view, are arguments which are plainly incorrect. The serious allegations I have made, in good faith, are allegations of breaches of the Members’ Code of Conduct by Cllr. Muhammed Butt, and cannot be dismissed as if they were matters which do not fall within that Code.

1.2 
To give one example, the serious nature of my complaint of 18 June can be seen by the fact that the allegations include improperly conferring an advantage on two senior Council officers. One of those officers (according to separate allegations which are in the public domain, and for which Ms Alderman’s department may hold at least circumstantial evidence) may have had a “hold” over Cllr. Butt, which in turn may have influenced his behaviour as a Council member. If the Council’s Leader is party to actions which do not serve the public interest, but instead serve the mutual self-interests of himself and one or two senior officers, that would be a very serious breach of the principle of selflessness, which the Code requires all members to follow.


2.1  As I pointed out to Ms Alderman, by reference to Part 5 of Brent’s Constitution, in my email of 24 July, and repeated on 23 September at paragraph 1.3 of my “challenge” (attached), the Monitoring Officer has a duty to refer those allegations to Standards Committee. It is that committee which then decides ‘whether to ask the Monitoring Officer to investigate allegations … or to take no further action.’
2.2  The position I have just set out is confirmed in Part 2 of the Constitution. Article 9.3 states:
‘the function of the Standards Committee is to promote and maintain high standards of conduct by councillors and co-opted members and hear allegations of misconduct against members.’
The functions of the Monitoring Officer, at Article 13.5, include:
‘© Supporting the Standards Committee:
The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through the provision of support to the Standards Committee.’
By not referring my allegations of breaches of the Members’ Code of Conduct to Standards Committee, Ms Alderman is not supporting the functions of that committee, she is usurping them. The committee cannot carry out its function of hearing allegations of misconduct against members if those allegations are concealed from them by the Monitoring Officer.
2.3  Although Ms Alderman has not referred to it in her correspondence with me on this matter, I am aware that there is a “Procedure for dealing with complaints under the Members’ Code of Conduct”, which was adopted by the Council in July 2012. Section 4 of that procedure (“Will the complaint be investigated?”) does give the Monitoring Officer the right to review every complaint made, and to decide, in some cases, to take no further action over the complaint. However, that is not a power which she can use at her own discretion - she can only do so within the detailed rules set out in Section 4.
There are three possible outcomes for complaints which are allegations of breaches of the Members’ Code of Conduct. The first two are:
(i)             ‘No formal investigation and no further action paragraph (4.6) below;
(ii)           No formal investigation and local resolution paragraph (4.8) below.’
The nature of my allegations does not fall within those listed at 4.6, and they are not matters which could be dealt with by local action under 4.8 (and have not been dealt with as such).
The third outcome is that the allegation will be dealt with under Section 5, which begins:
‘5.1 Where a complaint does not fall within paragraph 4.6 or 4.8 the case shall be referred to the Standards Committee for a decision as to whether the complaint merits formal investigation.’
If the Monitoring Officer had been following the proper procedure set out by the Council for dealing with Members’ Code of Conduct complaints, 5.1 would have been the outcome.
2.4 The failure by the Monitoring Officer to refer my allegations to Scrutiny Committee also goes against the principles of openness and accountability (which are supposed to be enshrined in Brent’s Constitution, through the purposes set out at Article 1.4). In order for Brent’s residents to have confidence that high standards of conduct are being promoted and maintained in the borough, it must be seen that Standards Committee is considering allegations made by citizens (or by other Council members). The committee needs to carry out its role openly, rather than the matter being secretly covered-up by a Council Officer, so that there is an effective means of holding those who make decisions on such allegations to public account.
2.5  It appears that the Monitoring Officer’s treatment of my allegations against Cllr. Butt may not be an isolated case. I am aware of a complaint made on behalf of a residents’ association in February 2015, against another Cabinet member. The Monitoring Officer’s reply, received more than two months later, was that ‘the complaint does not fall within the Brent Code of Conduct.’ When the complainant challenged this, on the grounds that the member had failed to comply with the Code’s principles of accountability and openness, the reply remained:
‘I do not accept that this falls within the Members’ Code of Conduct …’
3.1 Throughout this matter, I have put my points to the Monitoring Officer, and since 23 September to you also, in a reasoned and reasonable way. In response, I feel that I have been “fobbed-off”. That is why I am making this letter publicly available, and copying it to the members of Standards Committee. I hope that the committee will be able to persuade the Monitoring Officer to properly refer all of my allegations to them, where I have failed to persuade her. I do not personally expect to receive a reply to this letter from you, other than an acknowledgement that you have received it. You may, however, need to reply to any points arising from this letter raised by others who may be concerned by its contents.
3.2  I hope that you will treat this letter as a complaint, although it is not a complaint to which I require a formal answer. I do not wish this complaint to be directed at a single individual, but I would like the various errors I have highlighted to be properly considered, and lessons learned from them. I realise that you have been Brent’s Chief Executive for less than three months, but (as I tried to say in the Deputation to Full Council, which I was not permitted to present on 7 September) I believe there are problems with the “culture” which Senior Officers and members have allowed to develop at Brent Council in recent years.
3.3  Here are some quotations, which I am sure you will recognise from your former role at the Local Government Association:
·      ‘a council in denial’;
·      ‘a culture of covering up uncomfortable truths’;
·      ‘some members have not set and modelled the high standards expected of those in public life’;
·      the council ‘has a culture of suppressing bad news and ignoring difficult issues’;
·      the council ‘goes to some length to cover up information and to silence whistle-blowers.’
Although not in the same context, I believe (from my own experience) that these criticisms are as applicable to Brent Council as Louise Casey found them to be in her “Report of Inspection of Rotherham Borough Council”, published in February 2015. 

I wish you luck in your efforts to turn Brent Council around. Promoting high standards of conduct, and dealing properly with breaches of those standards, must be a key part of the necessary improvements.

Yours sincerely,
Philip Grant