ASSESSMENT DECISION NOTICE
A BREACH OF THE CODE HAS BEEN FOUND
SANCTION
Reference:
CCN041/12
Complainant:
Mr D Elliott
Subject Member:
Councillor Helen Brockbank, Deviock Parish Council
Person conducting
the Assessment:
Simon Mansell – Principal Legal Officer, Corporate
Governance
Date of Assessment:
6 March 2013
Complaint
On 6 March 2013 the Monitoring Officer considered a complaint from Mr D Elliott
concerning the alleged conduct of Councillor Helen Brockbank of Deviock Parish
Council. A general summary of the complaint is set out below:
The Complainant has alleged that when planning applications PA12/08718 and
PA12/08720 were discussed by Deviock Parish Council on 11 October 2012, the
subject member failed to declare an interest in the matter and considers that the
subject member did not conduct herself in a proper and civil manner by way of an
inappropriate outburst.
Possible breaches of the Code of Conduct:
2(1) – failure to treat others with respect
2(5) – conducting yourself in a manner which is contrary to the Council’s duty to
promote and maintain high standards of conduct
2(10) – conducting yourself in a manner which could reasonably be regarded as
bringing your office or the authority into disrepute.
2(11) – using your position as a member of the Council improperly to confer on
or to secure for yourself or another person an advantage or disadvantage.
3(5)(i), (ii) & (iii) – failure to not participate further, not vote on a matter, and
remove yourself from a meeting for any matter in which you may have a non
registerable interest or a discloseable pecuniary interest.
Decision
A finding is made of a breach of the Code of Conduct, without an investigation, and a
sanction is applied.
In considering the sanction for this matter, I have had regard to the fact that the
subject member has apologised for her behaviour on the night of the 11 October 2012
and that she now accepts that, in retrospect, she had an interest in this matter and
should have withdrawn from the Chamber.
It is therefore considered that, as an apology has been given to those concerned, the
subject member should attend training on the Code of Conduct. The training sessions
to be organised by Cornwall Council in June 2013.
In reaching this decision I have had full regard to the views of the Independent
Person.
Breaches of the Code Found
It is considered, on reviewing the information submitted by the complainant and
subject member and information that has been obtained from planning officers in
relation to the applications which were considered by the Parish Council; that this
matter can be assessed without the need to refer it for an investigation and the need
to conduct further interviews.
Breaches of the Code are:
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


Failure to treat others with respect
Conducting yourself in a manner which is contrary to the Council’s duty to
promote and maintain high standards of conduct by members
Conducting yourself in a manner which could reasonably be regarded as
bringing your office into disrepute
Attempting to use your position as a member improperly to confer on or secure
for yourself or any other person an advantage or disadvantage
Failure to comply with requirements of paragraphs 3.5 (i), (ii) and (iii) that is
failure to remove yourself from a meeting in which you have a non registerable
interest.
Reasons
In considering this matter I have taken into account the proximity of the subject
member’s property to the application site and have considered whether the close
proximity of the applicant’s property may have created a discloseable pecuniary
interest in the matter which was under discussion.
However, given that the application site is not directly connected to the subject
member’s property and the fact that this was an amendment of an existing planning
application; it is considered that in this instance the subject member had a non
registerable interest in the matter under discussion; as it was likely that the
application which was being discussed may affect her wellbeing but not her financial
position to any greater extent than the original application had.
The Code of Conduct with regards to a non registerable interest states; that you have
a non registerable interest if the matter being determined can be reasonably regarded
as affecting the wellbeing of you, and the interest is such that a reasonable member
of the public with knowledge of all the relevant facts would consider your interests so
significant that it is likely to prejudice your judgement of the public interest.
It is considered that whilst this was an amendment to an original planning application,
the amendment might reasonably be regarded as affecting the subject member’s
wellbeing due to the increase in the number of bedrooms in the two properties and
the increase in the number of windows which may increase the likelihood that the
subject member’s property may be overlooked.
In finding that the subject member did get emotional when the decision was reached
and she left the table unable to calm herself; and whilst the subject member has
stated that the lack of clarity around the decision had caused her some distress; it is
considered that the subject member should have removed herself from the meeting
completely rather than stay in the room or chamber while the matter in which she had
an interest was being discussed and not subject the Council to the outburst which
followed the decision.
In finding a breach of Paragraph 2.5 of the Code of Conduct, it is considered that the
subject member’s behaviour fell below that which is required by a councillor to
promote and maintain the high standards of conduct by its members.
For a breach of the Code 2(10) it is considered that a reasonable member of the
public, in possession of all the facts and viewing the actions of the subject member on
the night that the applications were considered by the Parish Council, will consider
that the subject member conducted themselves in a manner which could reasonably
be regarded as bringing their office but not their Council into disrepute.
Similarly it is considered that a reasonable member of the public who knew of the
proximity of the subject member’s property to the application site, would consider
that, by voting on the application, the subject member was seeking to confer upon
herself an advantage by limiting the size of the property that would be built next to
her and the disadvantage the applicant.
With regards to the breach of Paragraph 3.5 the Code of Conduct is clear at Paragraph
3.5 that if you are present at a meeting where you have a non registerable interest in
any matter considered; you must not participate in any discussions of the matter at
the meeting, you must not vote on any matter at the meeting, and you must remove
yourself from the meeting while any discussion or vote takes place on the matter to
the extent that you are required to you by your Council’s Standing Orders. The
subject member failed to withdraw from the meeting when she had a non registerable
interest therefore the breach of Paragraph 3.5 is found.
What happens now?
This decision notice is sent to the complainant, the member against whom the
allegation has been made and the Clerk to Deviock Parish Council.
Right of review
At the written request of the subject member, the Monitoring Officer can review and is
able to change a decision not to refer an allegation for investigation or other action. A
different Officer to that involved in the original decision will undertake the review.
We must receive a written request from the subject member 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.
It should be noted reviews will not be conducted by the same person who did the
initial assessment.
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: 12 March 2013