ASSESSMENT DECISION NOTICE
NO BREACH OF THE CODE
Reference:
CCN044/12
Complainant:
Mr Tony Child
Subject Member:
Councillor Ian Newby
Person conducting
the Assessment:
Simon Mansell – Principal Legal Officer, Corporate
Governance
Date of Assessment:
18 January 2013
Complaint
On 18 January 2013 the Monitoring Officer considered a complaint from Mr Tony Child
concerning the alleged conduct of Councillor Ian Newby of St Agnes Parish Council. A
general summary of the complaint is set out below:

It is alleged Councillor Newby, by asking the Complainant in a letter dated
8 November 2012 which was addressed to all Councillors, how the Complainant
had access to information coming into his personal PC.
The alleged breaches of the Code of Conduct relate to:



failure to treat others with respect
bullying
bringing their office into disrepute
Decision
I find that there is no breach of the Code of Conduct in relation to all elements of the
allegation, as follows:



failure to treat others with respect
bullying
bringing their office into disrepute
Reasons for the Decision
The complainant has provided sufficient information and the circumstances are such
as to enable this complaint to be assessed and determined without seeking out further
information or referring the complaint for investigation and the undertaking of
interviews.
Councillor Newby made this statement in a letter dated 8 November 2012 sent in
response to a statement made by the Complainant, in a letter to Councillor Newby
dated 5 November 2012, which stated, ‘If it were not for the emails that you have
received (which mention the secret meeting) how long would this purchase have been
kept secret?’
Councillor Newby responded in his letter dated 8 November 2012, ‘You make
reference to a number of “emails” I have received “(which mention a secret
meeting)”. Could you please let me know how you have access to such information
coming into my personal PC’.
The inferences which can be drawn from the statement made by Mr Child in his letter
dated 5 November 2012 is that he was aware, in some way, of emails that Councillor
Newby would have received on his personal PC. (It is noted that Councillor Newby
uses his home email address for correspondence)
Councillor Newby in his response then makes the enquiry as to how Mr Child could
have access to information coming into his personal PC.
At no time in his communications has Councillor Newby accused Mr Child of ‘hacking’
his personal PC he has simply enquired how he [Mr Child] could be aware of such
information.
While it is considered that the response to Mr Child’s accusation could have been
phrased differently given the statement made by Mr Child, and in taking an objective
view of this matter, the question asked by Councillor Newby is considered to be
reasonable in the circumstances.
As the response by Councillor Newby is, when viewed objectively, considered to be
reasonable, I do not consider that the actions of Councillor Newby in dealing with this
matter amount to a breach of the Code of Conduct.
In reaching this decision I have had regard to the views of the Independent Person
who also considers that the actions of Councillor Newby do not amount to a breach of
the Code of Conduct.
What happens now?
This decision notice is sent to the complainant, the member against whom the
allegation has been made and the Clerk to St Agnes 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: 23 January 2013