Agenda item

Assessment of Complaint: COC132864

Minutes:

Preamble

A complaint was received from Martin Lansdown (the Complainant) regarding the conduct of Councillor Tom Patterson (the Subject Member), a Member of Royal Wootton Bassett Town Council.

 

The complaint alleged that in various actions relating to a campaign to replace a memorial sculpture in the Town of Royal Wotton Bassett the Subject Member has acted with self-interest rather than in the best interests of the residents of the Council.

 

The Complainant also alleges that a committee of the Council that the Subject Member chairs in respect of the campaign has not been as open as possible about the decisions and actions that it has taken under his stewardship.

 

The Complainant also alleges that there is little to suggest that the actions carried out by the Subject Member were done with the full knowledge and agreement of the residents’ Poppy Committee.

 

Assessment

The Sub-Committee were satisfied that the initial tests of the assessment criteria had been met, including that the Subject Member was a member for at least some of the period of allegations and remains a member of Royal Wootton Bassett Town Council, that a copy of the relevant Code of Conduct was provided for the assessment, and that they were acting in their capacity as a Member during the various alleged actions.

 

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven, amount to a breach of the Code of Conduct and if so, what action would be required.

 

If the Sub-Committee concluded that the alleged behaviour would amount to a breach, then it would have to go on to decide whether it was appropriate under the assessment criteria to refer the matter for investigation.

 

In reaching its decision, the Sub-Committee took into account the original complaint and supporting information, the response of the Subject Member, and the report of the Monitoring Officer.

 

The Sub-Committee also considered a written statement from the Complainant, who was not in attendance, provided in advance of the Assessment Sub-Committee meeting, and a verbal statement from the Subject Member.

 

The background to and detail of the various allegations in relation to actions involving the Subject Member, Complainant, and others in respect of replacement of a poppy sculpture, working groups and trademarks such as Forever Poppy, involved a great deal of complexity. The Subject Member had not been a member of the Town Council for the entire background period relevant to the complaint but had become a member in February 2020.

 

In considering whether the actions alleged would, if proven, amount to a breach of the Town Council Code of Conduct, the Sub-Committee also considered whether it would be in the public interest to investigate the matter purely in relation to a possible standards breach.  It was clear  from the documentation provided by the parties that there was a broader matter of dispute between the parties which was having a detrimental impact upon the community,  and it was the view of the committee that this would not be resolved through a narrowly focused investigation into individual standards.

 

The Sub-Committee also considered that both parties appeared to be hard working individuals seeking to aid the community.

 

On balance, and after considering all the information provided, the Sub-Committee was not persuaded that the specific alleged actions as part of the more complex dispute, would, if proven, rise to a level of a breach of the Code of Conduct. Moreover, even were it the case that they did, it was not persuaded that it was in the public interest for the matter to be investigated under the standards regime, noting the broader issues referenced within the complaint which were distinct from any issue of individual standards.

 

Conclusion

 

It was therefore resolved to take no further action in respect of the complaint. However, the Sub-Committee recognised that both parties had been working in various capacities with the best interests of the community in mind, which the present dispute was disrupting.

 

Therefore, although it was not felt that the standards regime was the appropriate method for resolving the dispute, the Sub-Committee urged the parties to consider some form of mediation to achieve a resolution and prevent escalation of the dispute to disadvantage the community benefit each was seeking to achieve

 

It was therefore,

 

Resolved:

 

In accordance with the approved arrangements for resolving standards

complaints adopted by Council on 9 July 2019, which came into effect on 1 January 2020 and after hearing from the Independent Person, the

Assessment Sub-Committee determined to take no further action in

respect of the complaint.