The Standards Advisory Committee of Tower Hamlets Council met on Thursday 21 September 2023 to discuss guidance on outside organisations, review a collection of member conduct cases from other local authorities, and consider the committee's work plan and outstanding complaints. Key decisions included agreeing to delay a discussion on complaints from other authorities to allow all councillors to participate and to look into organising member training on being a director.

Guidance on Outside Organisations

The committee discussed guidance for members and officers on outside organisations. Councillor Sirajul Islam, Leader of the Opposition, raised concerns about how the policy would protect councillors appointed to outside bodies, such as housing associations, from political attacks or acquisitions. It was clarified that this policy does not directly address such protections, but it was suggested that cross-referencing existing policies on conduct might be helpful. Councillor Fiona Browne, an Independent Co-opted Member, highlighted that while the code of conduct covers conflicts of interest, the specific wording regarding interests might need strengthening. It was confirmed that the code does cover situations where a councillor's well-being or that of a close associate or friend is affected more than that of the general public. A point was also raised about the need for training for councillors appointed to outside bodies, particularly regarding the responsibilities of being a director, with the suggestion of a buddy arrangement for new councillors.

Member Conduct Cases from Other Authorities

A significant portion of the meeting was dedicated to reviewing six cases of member conduct from other local authorities, compiled by Jill Bayley. These cases provided examples of breaches of conduct codes and the sanctions imposed.

• Case 1: Undisclosed Association and Contract Award: A councillor, who chaired the Tourism Committee, was involved in a discussion that led to a contract award to someone with whom she had a close association, which she failed to disclose. The case concluded there was a breach, recommending her removal from the committee. Discussions focused on the definition of a close association and whether the councillor's actions constituted mere carelessness. Councillor Fiona Browne noted that while the conflict of interest was covered under the broader code, the specific wording on interests might need strengthening.
• Case 2: Bullying and Intimidation: A councillor was found to have bullied both a clerk, leading to their resignation, and a fellow councillor. The sanction imposed included removal from committees and withdrawal of facilities. The case also highlighted the need for governance reviews to ensure employee support.
• Case 3: Disrespectful Comments during the Queen's Platinum Jubilee: This case involved a councillor making inappropriate comments. Initially, it was decided that the code had not been breached as the councillor had not explicitly identified themselves as such. However, a subsequent case involved inappropriate language, leading to a recommendation for censure and an apology, with a further recommendation for removal from committees.
• Case 4: Depicting Jeremy Corbyn with a Wreath at the Liverpool Bombing Site: A councillor posted a satirical image on social media depicting Jeremy Corbyn holding a wreath in relation to the Liverpool bombing. This resulted in a breach of the code of conduct and the councillor agreeing to pay substantial damages to Jeremy Corbyn.
• Case 5: Unsubstantiated Remarks on Alleged Rape: A councillor made remarks on social media that appeared to dismiss allegations of rape. Despite 18 complaints, the conclusion was that the councillor was not acting as a councillor when the comments were made, and therefore, no breach of the code was found. This led to a discussion about public confidence and the council's response to such situations, even when a technical breach of the code is not established. It was suggested that the Mayor might make a public statement to clarify the council's stance.
• Case 6: Alleged Bribery: This case involved an alleged bribery, which had been delayed due to a police investigation. The police concluded they would not take further action, allowing the council's investigation to proceed. However, a key challenge identified was the lack of direct evidence linking the councillor to the wrongdoing, despite evidence of wrongdoing existing.

Work Plan

The committee reviewed its work plan. It was suggested that the annual report to council and the review of the code of conduct, currently scheduled for March, could be brought forward to December. The Local Government Association's (LGA) Member Learning Development Charter was also discussed as a potential item for the work plan, with the aim of demonstrating the council's commitment to member learning and development. Councillor Fiona Browne suggested a report on the experiences of co-opted members from facilitated training sessions to inform future training development.

Complaint Monitoring

The committee received an update on six outstanding complaints. Two were carried over from the previous year, and four were new. Progress on each complaint was detailed, including challenges such as awaiting legal responses, obtaining witness statements, and seeking clarification from complainants. A discussion ensued regarding the process for investigating complaints, the thresholds for proceeding, and the roles of the Monitoring Officer and the Independent Person. Concerns were raised about the clarity of the process, particularly for serious cases, and the potential for lengthy timelines due to repeated requests for information. The committee was assured that the process involves an initial assessment, consultation with the Independent Person, and, if necessary, referral to the Standards Advisory Committee for a decision on whether to proceed with an investigation. The distinction between different subcommittees, such as the Investigations and Disciplinary Subcommittee and the Hearings Subcommittee, was also clarified.