Content

 

Complaint Reference-

SC.2023.10

Subject Member-

Councillors X&Y

Council-

Sheffield City
Council

Complainant-

Mr J

Date
of Decision-

8th May
2024

Breach of Code -

No

 

 
I write to inform you of the
decision of the Hearing Sub-Committee that considered the
Investigators report dated April 2024 into complaint reference
SC.2023.10 regarding a potential breach of the Members Code of
Conduct by the Councillors X & Y.
 
The meeting followed the
Hearing Sub-Committee Procedure that was provided with the agenda
and report.
 
Sub-Committee Members
 
Councillors Mohammed Mahroof
(Chair), Henry Nottage and Laura McClean and Dr. James Brackley (Non-Voting independent Co-opted
Member)
 
Officers in attendance
 
David Hollis, General Counsel
and Monitoring Officer.
Sarah Hyde, Democratic Services
Team Manager.
 
Others
 
Investigator – VWV
Solicitors
Complainant - Mr J
 
 

As per the Hearing
Sub-Committee procedure, Councillors X & Y and the complainant
Mr J were invited to attend the meeting.  Councillors X & Y did not attend the
meeting.
 
The Investigator outlined the
findings of the investigation.  Mr J and
Sub-Committee Members were given the opportunity to ask questions
of the Investigator.
 
Following consideration of the
report presented by the Monitoring Officer and the Investigator,
the Sub-Committee determined that Councillors X & Y were acting
in an official capacity at the time the complaint occurred and
therefore the Members’ Code of Conduct does apply.
 
The Sub-Committee could make
any of the following recommendations: -
 

·      
Recommend to Council or to Committees that he/she be
removed from any or all Committees or Sub-Committees of the Council
and from any external appointments made by the Council.

·      
Instruct the Monitoring Officer to arrange training
for the member.
 

·      
In a case where the breach relates to use of the
Council’s IT systems, that the Member’s access to those
systems is withdrawn.

·      
That policies/procedures are amended.

·      
That a briefing/information note be
issued.

·      
That an apology be given.

·      
That the Member is censured in writing and a copy of
the letter is published on the Council’s website.

 

·      
Take no action where
it is not considered appropriate in the circumstances to impose a
sanction.

Decision
 
The Sub-Committee decided to
take no further action.
 

Reasons
 
The Sub-Committee gave careful
consideration to the Investigators report in taking account of the
evidence and law, including but not limited to the need to take
into account the scope of the Code of Conduct regime generally, the
specific application of the relevant provisions and the effect of
Article 10, and concluded that in relation to the Complaint which
was investigated that Councillors X & Y did not breach the
Members Code of Conduct.
 

Appeal
 
There was no right of appeal to
the Council against this decision. However, if the complainant
feels that we have not dealt with the complaint properly then they
can refer it to the Local Government and Social Care Ombudsman
at
http://www.lgo.org.uk/make-a-complaint/how-to-complainor
phone 0300 061 0614.