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Governance Committee - Hearing Panel - Wednesday, 3rd September, 2025 10.00 am

September 3, 2025 View on council website

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Summary

The Governance Committee - Hearing Panel met to make arrangements for a hearing regarding complaint MC00304. Councillor Martin Bates was elected Chairman for the duration of the meeting. The panel agreed to exclude the press and public from the meeting due to the confidential nature of the information to be discussed.

Pre-Hearing of Complaint MC00304

The main purpose of the meeting was to prepare for a hearing to consider complaint MC00304, following the procedure outlined in Annex 3 to the Arrangements for Dealing with Code of Conduct Complaints under the Localism Act 20111. The Hearing Panel worked to identify agreed and disputed facts within the investigation report, of which there were two disputed facts. They also considered fresh or documentary evidence to be presented. The Investigating Officer was asked to provide interview records and a chronology of correspondence relating to the Subject Member2 and the Investigating Officer. The Monitoring Officer was asked to provide a chronology of correspondence between the Subject Member and the Head of Corporate Services and Democracy, photos or plans of the parish council meeting room, any available video or audio recordings of the meeting, and further information on the case law Livingstone v. Adjudication Panel for England (2206) EWHC 2533 and R (Dennehy) v. London Borough of Ealing([2013] EWHC 4102 (Admin)).

The Hearing Panel discussed the attendance of parties and witnesses, and whether they would be represented. The Monitoring Officer was tasked with writing to the Subject Member to confirm their intention to attend the Hearing, clarify the identity and relevance of one of their named witnesses, and inform them of the options available if they do not attend. This correspondence was to be sent by recorded delivery. The Monitoring Officer was also asked to write to all parties and witnesses to confirm their attendance at the Hearing.

The panel considered whether the Subject Member wanted the hearing, investigation report, or other documents to be withheld from the public. The Subject Member had requested that the Hearing be held in private and that the investigation report and relevant documents be withheld from the public. The Investigating Officer did not express a view, but noted that they would want to check interview records for sensitive information before disclosure.

The Hearing Panel agreed to hold a full day's Hearing on Friday 26 September 2025 at 10:00 am. A briefing session for members of the Hearing Panel and the Legal Services Manager was scheduled for Thursday 25 September 2025 at 2:00 pm. The Hearing Panel authorised the Monitoring Officer to determine any other pre-hearing considerations in consultation with Councillor Martin Bates, who was elected as Chairman of the meeting.


  1. The Localism Act 2011 is a UK Act of Parliament that devolved more decision-making powers from central government to local communities and individuals. It covers a range of issues, including local authority powers, planning, and housing. 

  2. In this context, the 'Subject Member' refers to the councillor or individual against whom the complaint has been made. 

Attendees

Profile image for Martin Bates
Martin Bates Conservative Party • Guston, Kingsdown and St Margaret's-at-Cliffe
Profile image for Stacey Blair
Stacey Blair Deputy Leader of the Independent Group • Independent Group • Middle Deal
Profile image for Jeff Loffman
Jeff Loffman Labour and Co-operative Party • Mill Hill

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet 03rd-Sep-2025 10.00 Governance Committee - Hearing Panel.pdf

Reports Pack

Public reports pack 03rd-Sep-2025 10.00 Governance Committee - Hearing Panel.pdf

Minutes

Printed minutes 03rd-Sep-2025 10.00 Governance Committee - Hearing Panel.pdf