Showing posts with label complaint. Show all posts
Showing posts with label complaint. Show all posts

Saturday 21 March 2020

Brent Council to ask software provider to improve public access to planning documents

Below is the outcome of my complaint to Brent Council referring to the difficulty of accessing planning documents for a major planning application in February. LINK I do not agree with the findings re availability of the reports but have decided not to take it further. In the present coronavirus crisis council officers have other urgent matters to deal with.

I do welcome the undertaking to ask for improvements  to the software for the  public access system tso as to allow users to copy and share links to specific documents. This is not just beneficial but, in terms of informing the public via this blog about major applications, of vital importance and clearly in the public interest.


Complaint about Performance Improvement
This letter is my decision on your complaint under our complaints procedure.

You have summarised your complaint as follows:
1. The unavailability of the Agenda for the February 18th Planning Committee on the Democracy section of the Council’s website on Monday February 17th 
2. The unavailability of the Deloitte Financial Viability Report (including the Strutt Parker marketing report) on the Brent Planning Portal on Monday February 17th. This referred to 18/4920 due to be discussed at the February 18th Planning Committee.
3. Inaccuracies in planning officers’ reports corrected by last minute Supplementary Reports to Planning Committee.  In this case specifically the corrected table for Major Adverse affect on Daylight for neighbouring properties, (Corrected from 5% to 23.3%)

In relation to point 2, you have said that have said that the Planning Committee chair incorrectly referred to “dead links” being used, and that you do not consider that this was the case.  In relation to all points, you have also asked for a review of staffing levels and proposals to make the website and portal more efficient.

I have evaluated the matters that you have raised.

Availability of Planning Committee agenda
The agenda for the 18 February Planning Committee meeting was published on 10 February.  We do not have a record of the web site being unavailable on the 17th and we checked the committee services pages when were made aware of the comment that it was unavailable and found that the agenda was available at that time.  I am not sure why you couldn’t access the agenda when you tried to access it on the 17th.

With regard to the Financial Viability report, we checked the planning application documents for that application on our web site and your link when you reported that the link that you had shared did not work.  We found that the web site was working and the document was accessible (i.e. it could be downloaded from our web site) but the link that you shared was not.  We tested the links that we had provided to the application, including the links within the consultation letter, site notice and the committee report.  These all worked.  The Chair was advised of this and he commented on this at the start of the committee meeting.

We have looked into this further following the receipt of your complaint.  We have found that all documents are accessible if one uses the link to the application record (i.e. the full record of the planning application).  However, we found that if one copies a link directly to a document (e.g. right clicking that document and selecting “copy link”) then this link will only work if the user is already on a web page within our planning public access system.  So, the links that we provide within consultation letters, reports, etc, do work.  However, if an individual copies and then shares the link to the specific document (as you did) then this doesn’t work.  We were not aware of this.  We tested this on other Council websites that use the same system (around 90 % of Planning Authorities in England use the same system) and found that the same issue was evident on their web site.  This is therefore an issue with the software.

The documents were available throughout this time using the links that we provided and were publicly available.  However, we understand that some users may want to save or share links to specific documents.  We have raised this with the external software provider and have asked them to resolve this issue within their system.  We will also place a message on our system notifying people that they should not share links to individual documents.

You have also raised concern regarding changes to the amendment to the daylight and sunlight figures that were updated in the Supplementary Report.  It was reported that the tables setting out the full (window-by-window) details in relation to daylight and sunlight impacts within the supporting reports were correct, but that a summary table included some incorrect information.  A revised copy of the summary table was included in the supplementary report which showed that the number of windows for which there would be a Major Adverse effect on sunlight was greater than was reported in the previous version of the table, and both the previous and the corrected results were shown.  You have commented that you consider that this would affect the public’s right to know information regarding the planning application and their ability to respond in time.

The information relating to sunlight received by each window within the supporting reports for the application was correct, and it was a part of the summary table that was incorrect.  Should a resident wish to see the level of impact on sunlight received by a window of their home, this information was correct.  When making a decision on the application, members were aware of the level of the impact on affected windows and made their decision on this basis.  While it would have been preferable for this to be highlighted earlier, it is considered that potentially affected surrounding residents were able to consider the impact of the proposal on their amenities and members properly considered the balance of impacts and benefits.

Having reviewed the concerns that you have raised, I consider that processes were correctly followed.  However, I do believe that improvements to the public access system to allow uses to copy and share links to specific documents would be beneficial and we have asked the software provider to resolve this.  With regard to your comment that a review of staffing is undertaken, we currently consider that while staff are typically busy, staff levels are adequate at present.  Nevertheless, we are continually reviewing and improving the way that we work to that staff can work effectively and efficiently.

I hope that my investigation and this letter have resolved your complaint. If you do have any remaining concerns please feel free to contact me to discuss them. If you remain dissatisfied you can ask for a final review of your complaint to be done on behalf of the Council’s Chief Executive. You will need to explain in detail why you consider that my response has not resolved your complaint. You should make your request for a review within 8 weeks of the date of this letter and address it to: 
The Complaints Service Team,
Brent Civic Centre
Engineers Way
Wembley 
HA9 0FJ

Tuesday 27 November 2018

Marr to Chakrabarti after on-air outburst: It was only robust questioning




The exchange between Andrew Marr and Shami Chakrabarti hit the headlines a few weeks ago on account of Marr's sudden and aggressive 'Don't patronise me' comment as he waved his notes towards her. I was moved to put an official complaint into the BBC and have now had a response. The BBC reveal that after the interview, and presumably after the social media reaction, Marr contacted Chakrabarti to say it was only 'robust' questioning.


My complaint summary: unprofessional behaviour amounting to bullying
Full Complaint: The moment when Andrew Marr interviewing Shami Chakrabarti exclaimed 'Don't patronise me' and left her visibly shaken. In my view losing his temper in this way and adopting an intimidating tone amounted to bullying and sexism; revealing bias against intelligent, young women who stand up for themselves. Such behaviour was not evident in his interviews on the same programme with male politicians.
BBC Response

Andrew used his interview with Shami Chakrabarti, Shadow Attorney General, to explore Labour’s position on the draft Brexit withdrawal agreement negotiated by the Prime Minister. The Labour leadership have said they don’t support this deal. Andrew sought to clarify what areas of this deal Labour had issue with, what they would seek from an alternative agreement and the logistics of how they would achieve this.  
When interviewing any politician from any party, Andrew’s intention is to scrutinise their position on any given issue. Andrew didn’t intend anything other than to robustly question Baroness Chakrabarti on the proposed Brexit deal. He contacted her to make this clear afterwards.

-->

Wednesday 24 January 2018

Patients' Forum (London Ambulance Service) submits formal complaint to Brent CCG over withheld performance data


The Patients' Forum for the London Ambulance Service has submitted a formal complaint to Brent Clinical Commissioning Group over an alleged breach of its statutory duties.

The complaint claims that both the CCG and London Ambulance Service has stopped sending the Patients' Forum performance data since August 2017 and that their excuse that the data is 'unvalidated' and therefore not available is not reasonable and in breach of the Freedom of Information Act 2000.

The CCG is thus failing in its statutory duty  to ensure public involvement and consultation in commissioning processes and decisions. (NHS Act 2006 S.14Z2)

Further the Patients' Forum claims that it received no documents for the Clinical Quality Review Group (CQRG) meeting in December 2017 and no papers or notification for the CQRG January 2018 meeting.

Thursday 21 September 2017

Brent CEO's Standards complaint against Cllr Duffy upheld but no apology made as yet

Brent Standards Committee will receive a report at its September 28th meeting on a complaint made by Brent Council's CEO, Carolyn Downs, and Cllr Liz Dixon against Cllr John Duffy (Labour, Kilburn ward)

The agenda item states:
 
Members’ Code of Conduct Complaint about Councillor John Duffy

In June and July 2017, the Council’s Chief Executive and Councillor Liz Dixon made a Members’ Code of Conduct complaint about Councillor John Duffy. The background to the complaint is recorded in the attached Decision Notice as is Councillor Duffy’s response, a discussion of the issues arising and the reasons for the Deputy Monitoring Officer’s decision.

The complaint about Councillor Duffy was upheld and by way of sanction it was recommended that:  

Councillor Duffy apologises to the Chief Executive;
- the decision notice be published on the Council’s website for 6 months; and - the decision be reported to this Committee.

Councillor Duffy did not exercise his right to request a review of the decision which is now final.

To date, Councillor Duffy has not apologised to the Chief Executive. The decision notice has been published on the Council’s website and this is the reporting of the complaint and the decision to this Committee.
 
MONITORING OFFICER DECISION NOTICE
Brent Members’ Code of Conduct Complaints about the conduct of Councillor John Duffy

The complaints

On 26 June 2017, the Council’s Chief Executive, Carolyn Downs, made a Members’ Code of Conduct complaint about Cllr John Duffy, Kilburn Ward. The complaint alleged that Cllr Duffy had breached the general principles of conduct, in particular, integrity and leadership and breached the following general obligations:
·      4(1): You must treat others with respect.
·      4(2)(b): You must not bully any person.
·      4(2)(e): You must not make frivolous, vexatious or repeated complaints against another member or an officer of the Council.
·      5: You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or the Council into disrepute. The Code of Conduct amplifies the general principles of integrity and leadership in the following terms:
·      Integrity: You should not place yourself in situations where your integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.
·      Leadership: You should promote and support these principles by leadership, and by example, and should act in a way that secures or preserves public confidence.  

The factual and evidential bases of the complaint is an email sent by Cllr Duffy on 26 June 2017 to the Chief Executive and all councillors criticising the Chief Executive. The broader context is as follows. On 26 June 2017 at 15:01, the Chief Executive sent an email to the Mayor giving her advice regarding a request for an extraordinary meeting of the Full Council in response to the Grenfell Tower tragedy. The Chief Executive advised on the legal and constitutional rules, explained the procedure for calling an extraordinary/special meeting and set out the options and possible permutations. The Chief Executive also mentioned the member drop in session which had been arranged and suggested that the discussion of this very important topic could take place at a scheduled meeting of Full Council on 10 July 2017 - which had been in all members’ diaries for some time - and that normal rules could be suspended to enable a fuller and longer discussion. The email stated that “Clearly the decision to have the meeting before the 10/07/17 is your decision but I thought it transparent to share with all Councillors my advice to you.”. Accordingly, when sending her email to the Mayor, the Chief Executive copied in all other councillors. Shortly afterwards at 15:36, in his email reply (also copying in all councillors), the Mayor thanked the Chief Executive for her helpful advice and expressed his agreement. The Mayor, however, confirmed that: “If 5 councillors sign a requisition asking me to call an extraordinary meeting I will consider their request very carefully before making my decision.” 


Cllr Duffy initially replied by email at 16:21 (also copying in all councillors) and then re-sent his email at 16:29. In substance, the emails are virtually identical: the second email inserted a few more words which are immaterial to my decision. For ease of reference, I have re- produced below the actual content of Cllr Duffy’s second email with the additions underlined.
“The CEO behaviour is disgraceful and out of touch with reality.She says it’s not her decision but clearly she is trying to manipulated the Mayor and the situation. 

She is well aware there was more than enough members support for a special meeting but she has decided to ignore that. 

The Labour group should not stand by while she swans off to “gold”
(Personally I do not think they are doing a good job , the evacuation in Camden was a shambles)telling everybody else what to do , while she neglects Brent residents and thinks a bosses bulletin will suffice for our residents and local councillors Her first loyalty should be to Brent . 

Disgraceful behaviour and what I have come to expect from this CEO who is out of touch with Brent residents and seeks to enhance her own reputation instead allowing Brent residents information”.
The reference to “gold” in Cllr Duffy’s email is to the Chief Executive participating in the London-wide emergency support provided to Kensington and Chelsea Council following the Grenfell Tower fire. 

Given that these email exchanges lie at the heart of this complaint, they are appended to this decision in full. 

On 1 July Cllr Liz Dixon also made a complaint about Cllr Duffy email. Cllr Dixon complained that:
“In an apparent attempt to make representations on behalf of his residents Cllr John Duffy has made a number of widely distributed disparaging remarks about the personal and professional integrity of Brent’s Chief Executive, Carolyn Downs. In doing so, Cllr Duffy also publicly belittled the importance and effectiveness of London’s Gold Command structure and process. While Cllr Duffy has every right to make representations, and is free to speak critically in holding Brent Council to account, on this occasion his disreputable behaviour has fallen below the expected standard and as such Labour Group Executive is taking this action. This complaint is made on the basis of comments made in the attached emails which we believe to be entirely unwarranted, defamatory, malicious and vexatious.”
On 3 July 2017, the Chief Executive also complained about a further chain of emails between Cllr Duffy and officers (and copied to all councillors) which she felt demonstrates vexatiousness. The email exchanges concern an additional briefing session arranged for Members on fire safety in Brent. In his exchanges on 29 June 2017, Cllr Duffy, amongst other things, made further critical remarks about the Chief Executive’s advice to the Mayor. For example, “...it proves her strategy of kicking everything to the 11th was flawed...”; “Why did she change her mind, was it because before the ink was dry on her email stopping a special meeting the facts were becoming clear that her decision was wrong and was unravelling in front of her” and “The CEO had decided not to have a special meeting and the Mayor and some other councillors support it and now we are in a mess and we look like we have something to hide”. Cllr Duffy copied all other councillors as well as other members of the Corporate Management Team into his email.

The response

In his initial response to the Monitoring Officer, Cllr Duffy reaffirmed his criticisms of “Gold”. For example, “I do not think Gold are doing a good job, you cannot make me say they are. They are useless and need to get their act together and start relating to the victims in K +C.”

Cllr Duffy also repeated his criticisms of the Chief Executive. For example, “The CEO made no attempt to contact me before she cancel the meeting....”, and “She mislead Councillors saying I had not enough Councillors knowing that I had”

Cllr Duffy also claimed that the Monitoring Officer was not impartial. 

In a subsequent response to the Monitoring Officer, Cllr Duffy said “I honestly do not care, what you do as I think the CEO behaviour is out of control and she believes because she wares a gold badge at meetings she is above dealing with local Councillors and residents 

It is clearly is no use complaining about her, as it will be you who will deal with complaint. You and the CEO have sought to misuse your powers to curtail debate.”.

The issues

Under section 27(1) of the Localism Act 2011, the Council has a duty to promote and maintain high standards of conduct by members and co-opted members of the Council. Enforcing the general principles and obligations set out in the Code of Conduct is key to discharging this important statutory duty. 

In accordance with the Council’s complaints procedure, the Monitoring Officer carried out an initial assessment of the complaints and found that they fall within the scope of the Code of Conduct. Cllr Duffy’s emails clearly relate to Council business and ward matters and it is equally clear that he was acting in his capacity as a councillor. 

My determination of the complaints are set against the following legal and political background.
Councillors are entitled to criticise officers and their decisions and, depending on the circumstances, do so publicly and robustly. Criticism does not in itself amount to bullying or failing to treat someone with respect. Councillors are also entitled to challenge officers as to why they hold their views and officers can reasonably expect to be held accountable for their views, decisions and actions. However, if criticism is a personal attack or of an offensive nature, it is likely to cross the line of what is acceptable behaviour. Similarly, unwarranted comments which undermine public confidence in the administration of local government affairs and/or impair the mutual trust and confidence between members and officers are unlikely to be acceptable. 

Bullying may be characterised as offensive, intimidating, malicious, insulting or humiliating behaviour. Such behaviour may happen once or be part of a pattern of behaviour. Amongst other things, bullying behaviour attempts to undermine an individual. 

When a Code of Conduct complaint concerns something a member is alleged to have said or written (as in this case), a finding of breach will only be lawful if it fully respects the important right to freedom of expression enjoyed by members of local authorities in the interests of effective local democracy. 

My decision has accorded due respect to Cllr Duffy’s fundamental right to freedom of expression. 

This right has a long tradition in our common law and was embedded in domestic statute law by the Human Rights Act 1998. Article 10 of the European Convention on Human Rights provides that: 

“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it
duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention
of disorder or crime, for the protection of health or morals, for
the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.” 

This includes a right to express views which others may find objectionable or even offensive. Further, comments which constitute political expression attract an enhanced level of protection under Article 10. There are limits however. And the right itself is limited and not absolute which means it has to be balanced against the duty to promote and maintain high standards of conduct by members. Further, the right has to be balanced against competing rights such as the Article 8 right to private life etc. which includes the protection of the reputation of others.

The decision

In accordance with the Members’ Code of Conduct Complaints Procedure, before deciding the outcome of this complaint, I consulted the Council’s Independent Person and have taken her views into account. 

Cllr Duffy’s reaction to the Chief Executive’s advice was entirely without justification. The Chief Executive had stated the legal and constitutional rules accurately. And the rules had been applied correctly: at the time of writing, a request for an extraordinary meeting of Full Council had been received from 4 members only (i.e. not 5); in any event, the request had not been signed by the members and was not accompanied by a notice of the motion to be debated at the meeting as required by the constitution. The advice was balanced, set out the options and stated in clear terms that the decision had to be made by the Mayor. The advice was also given transparently. 

Against that background, the allegation (which was stated twice) that the Chief Executive’s behaviour was “disgraceful” and that she was trying to manipulate the Mayor and the situation was unacceptable. As was the suggestion that “The Labour group should not stand by while she [the Chief Executive] swans off to “gold”” and the accusation that the Chief Executive “seeks to enhance her own reputation”. 

Cllr Duffy’s response was an unreasonable and excessive personal attack. These comments are unequivocally and deliberately offensive, disparaging and defamatory. Although I acknowledge that the Grenfell Tower fire is an emotive issue and feelings were running high at the time, the comments I have referred to amount to an unjustified attack of a personal nature and do not concern fire safety issues. 

In my view, those aspects of Cllr Duffy’s email crossed the line and failed to treat the Chief Executive with respect and brought his office and the Council into disrepute. This is especially so because Cllr Duffy copied all other councillors into his email. This amounts to breach of obligations 4(1) and 5 of the Code of Conduct as well as the obligation to maintain a high standard of conduct and, in particular, the principles of integrity and leadership (see para. 3). 

I am also satisfied that the email Cllr Duffy sent on 26 June 2017 in overall terms either by itself, or when read in conjunction with his email exchanges on 29 June 2017, is vexatious and unjustifiably offensive and bullying in nature. The persistent and targeted criticisms of the Chief Executive in emails which were sent to all other councillors and senior officers have no reasonable foundation, were intended to undermine the Chief Executive and have a harassing effect. 

This amounts to breach of obligations 4(2)(b) and 4(2)(e) of the Code of Conduct as well as the obligation to maintain a high standard of conduct and, in particular, the principles of integrity and leadership (see para. 3). 

For these reasons, I am satisfied that my findings of breach are a necessary and proportionate interference with Cllr Duffy’s right to freedom of expression. The Council has an important statutory duty to promote and maintain high standards of conduct by members and the serious, deliberate and unfounded accusations of wrongdoing which Cllr Duffy repeated and disseminated to others crossed the line and amount to an unreasonable and excessive personal attack. In addition, such an attack on the Chief Executive, without consequence, could expose other officers to similar treatment.
Further, the unfounded accusations of manipulating and misleading others and acting out of self-interest and other such personal attacks do not attract the higher level of protection that political expression does. Alternatively, even if they did, the findings of breach would still be necessary and proportionate in all the circumstances. 

For completeness, I note that Cllr Duffy was also disparaging about “gold” and made other criticisms of the Chief Executive being “out of touch” and neglecting Brent residents. As set out above, Cllr Duffy has a fundamental right to hold opinions on these matters and to express those opinions. As a matter of law, I do not have to agree with or approve of Cllr Duffy’s comments in order to respect his fundamental right to make such comments. 

Cllr Duffy has not disputed that he sent the emails the subject of the complaints under consideration. In any event, I am satisfied that there are no factual issues which need investigating before a decision can be made because the meaning of the emails which has caused offence and the context is clear. For these reasons, I have been able to conclude that there has been a clear breach of the Code of Conduct without an investigation.

The sanction

I recommend that Cllr Duffy apologises to the Chief Executive within 5 working days of the end of the period for requesting a review of my decision. 

This decision notice will also be published on the Council’s website for 6 months and will be formally reported to the Standards Committee. 

I am satisfied that these measures are proportionate to the clear and serious breaches of the Code of Conduct by Cllr Duffy. 

In accordance with the Members’ Code of Conduct Complaints Procedure, as far as the complainants are concerned my decision is final and there is no right of appeal or right of internal review against my decision. 

As far as Cllr Duffy is concerned, he may request in writing within 10 working days of receiving this decision notice that the Monitoring Officer review my decision that he breached the Code of Conduct and/or the sanction imposed. The reasons for requesting a review must be given and any new supporting documentation provided. 

LOOQMAN DESAI
 
DEPUTY MONITORING OFFICER, BRENT COUNCIL



Thursday 15 September 2016

Councillor Butt Standards Investigation finding - not guilty, or not proven?

The Brent Standards Committee (Chair Cllr James Allie, Vice Chair Cllr Sandra Kabir) will receive a report at its meeting on Thursday 22nd (6pm Civic Centre) of the independent investigation into Philip Grant's misconduct complaint against Brent Council Leader, Cllr Muhammed Butt.

The 'headline' on the agenda and Fiona Alderman's report is:
Mr Penn’s report concludes that there is no evidence to support the complaint and that Councillor Butt did not breach the Members’ Code of Conduct
Richard Penn was an Independent Investigator and we should respect his overall conclusion, but the headline does not tell the whole story.  The only major difference with  Penn's July report is this paragraph:
4.6 In his written comments on my draft report Philip Grant has set out his reasons why he considers that Councillor Butt has breached the requirements of the Members Code of Conduct in respect of ‘honesty’, ‘’integrity’, ‘openness’ and ‘leadership’. He did not provide any new or additional evidence in support of his compliant but pointed to some of the details of the evidence that I collected through my investigation as supporting his contention that Councillor Butt had breached the Code. I have given his submission careful consideration but have found no reason to vary my finding that there is no evidence to support Philip Grant’s complaint that Councillor Butt has breached the requirements or obligations of the London Borough of Brent’s Members Code of Conduct in respect of ‘honesty’, ‘’integrity’, ‘openness’ and ‘leadership’ .
In introducing his detailed complaint to Mr Penn in a letter on August 25th, Philip Grant had written about the July report:
'Over the next few pages your report sets out seven separate ‘related allegations’, numbered (i) to (vii), and considers the evidence in respect of them, before reaching a conclusion about Cllr. Butt’s actions or conduct on each point. 

I agree that those seven ‘related allegations’ did need to be examined as part of your investigation into ‘whether or not Councillor Butt breached the requirements or obligations of the Members' Code of Conduct’, but I believe your report to be flawed because it then moves straight on to your finding at para. 4.6:

‘4.6  My finding is that there is no evidence to support this complaint, and that therefore there was no breach by Councillor Butt of the general conduct principles of honesty, integrity, openness and leadership.’

Although there is a reference to Cllr. Butt’s conduct being ‘entirely appropriate’ in the report’s conclusion on item (vi) of para. 4.5, there is no consideration in the draft report of how, on the evidence available to you, Cllr. Butt’s conduct measured up to the standards required by the general conduct principles. I would therefore comment, and ask you please to consider, that this part of your report should be re-drafted so that it does actually do what the Monitoring Officer’s letter requested, and investigate:
‘whether or not Councillor Butt breached the requirements or obligations of the Members' Code of Conduct.’ '
Despite Grant pointing out that Penn's did not look at the evidence he had gathered in terms of the requirements set out in the general conduct principles, Penn does not appear to have taken this on board.  In this respect the report going to Standards Committee is still flawed.

In para. 3.5 (evidence given by Cllr. Butt at interview with Richard Penn) on page 20 of the report it records that Penn asked Butt twice why he had involved XX (the Labour Party worker) in enquiries about Tayo Oladapo (which should have been a key point in considering whether Butt had put himself in a position where his integrity could be questioned), but no real answer was given to this question.

In the Findings section, at around page 42, there is an important passage which shows that it was only because there was no clear evidence that Butt knew that Cllr. Oladapo was dead which gives rise to the finding that 'there is no evidence to support the complaint':
'Councillor Butt said that on 2 March 2016 he had asked XX to go to the hospital to enquire about Councillor Oladapo. He contends that he did not know that Councillor Oladapo had died at the end of January 2016 until Mark Walker told him on 7 March 2016, and that he did not say to XX that he believed that Councillor Oladapo had been dead for a month. 
However, there is evidence from my investigation that Councillor Butt and others had speculated that Councillor Oladapo might be dead or that he might have been taken back to Nigeria by his mother to die. Councilor Butt did tell XX that he believed Councillor Oladapo might be dead but this appears to have been simply expressing an unsubstantiated possibility. This is very different from knowing that someone had died, and it is clear that Councillor Butt was not prepared to acknowledge this as a fact even after XX had spoken to a receptionist at the hospital who had told her that Councillor Oladapo had died.'
The final paragraph of the report gives the result of the Labour Party enquiry into this matter (Richard Penn had agreed with the Labour Party investigator that they would liaise, in order to avoid embarrassing each other with different conclusions!). This is what the Labour Party investigation found (our highlighting):
'On 6 July 2016 John Stolliday, the Head of the Labour Party Constitutional Unit, wrote to Councillor Butt to inform him that the Labour Party’s investigation to determine the facts around the death of Councillor Oladapo and how the Labour Party and Brent Council had been notified his death had concluded. Councillor Butt was informed by Mr Stolliday that the investigation had found no evidence that he had been aware with any certainty on or before March 2 2016 that Councillor Oladapo had died. Mr Stolliday said that the details of the conversation between Councillor Butt and XX are disputed, but no one else was present during their meeting or privy to the content of the conversation. Given this, and given that no other evidence has been presented, it was impossible to prove XX’s allegations were true beyond doubt, although there is no reason to believe that she doubted the truth of her allegations. The Labour Party had therefore decided that no further action would be taken in this matter and that there is no further case to answer.'
Overall, despite what Cllr Butt and Brent Council may claim, perhaps the verdict should be 'not proven' rather than 'not guilty'.

Following receipt of Richard Penn's draft report Philip Grant responded:
Honesty – you should be truthful in your council work and avoid creating situations where your honesty may be called into question. (Brent Council General Conduct principle)
1.1 The key issue from my complaint about Cllr. Butt apparently misleading the Council and his fellow councillors about the death of Cllr. Tayo Oladapo is what Cllr. Butt knew, and when he knew it, and whether he was truthful about these matters.
 
1.2 As your report says, at item (i) of para. 4.5:
‘He [Cllr. Butt] contends that he did not know that Councillor Oladapo had died at the end of January 2016 until Mark Walker told him on 7 March 2016, and that he did not say to [XX] that he believed that Councillor Oladapo had been dead for a month.’ 
1.3 Your report goes on to say:
‘However, there is evidence from my investigation that Councillor Butt and others had speculated that Councillor Oladapo might be dead or that he might have been taken back to Nigeria by his mother to die. Councilor Butt did tell [XX] that he believed Councillor Oladapo might be dead but this appears to have been simply expressing an unsubstantiated possibility. This is very different from knowing that someone had died …. My conclusion is that there is no evidence to support the allegation that Councillor Butt knew that Councillor Oladapo had died before he was advised of this by Mark Walker on 7 March 2016 following [XX]’s visit to the hospital on 4 March.’ 
1.4 Cllr. Butt had a duty to be truthful in his Council work, and there is a clear difference between himself and [XX] over the truth of what was said at the meeting between them on 2 March. In the circumstances, I accept that you had little choice but to give Cllr. Butt the benefit of the doubt in the absence of clear evidence to the contrary.
 
1.5 However, it is also a requirement and obligation of the “Honesty” general conduct principle that councillors must ‘avoid creating situations where your honesty may be called into question.’ Over the next few paragraphs I will provide examples, from the evidence available to you in your draft report (and first report) of what appear to be various versions of “the truth” given by Cllr. Butt in this matter. These show clearly that Cllr. Muhammed Butt was the main source of information about Cllr. Oladapo’s condition for both Brent Council and its Labour Group councillors. I would ask you to consider whether the differing versions of this information created a situation where Cllr. Butt’s honesty might be called into question.

1.6 At para. 2.9 (Interview with Chief Executive) of your first report to the Council of 4 July 2016, the following account of what the Council Leader told the Council is given:
‘The Chief Executive told me that the report to Full Council on 18 January 2016 had requested approval for further absence by Councillor Oladapo as he had been expected to attend that meeting following an organ transplant, but the week before the Council meeting the Council Leader had told her that Councillor Oladapo had been readmitted to hospital. The next Council meeting was on 22 February 2016 and the ‘pre meeting’ with the Mayor, the Leader and Opposition members was on 17 February 2016. At this pre meeting the Leader referred to Councillor Oladapo’s further absence saying that he had not heard from Councillor Oladapo or his family, but that he had become aware that Councillor Oladapo was no longer at the Royal Free Hospital. Councillor Butt said that he understood that Councillor Oladapo’s health had deteriorated and that his mother had taken Councillr Oladapo to Nigeria to die. The Chief Executive advised that she considered that the Council should now let Councillor Oladapo’s membership of the Council lapse and that a further report should not be submitted to the Council. However, the others present at the meeting considered that this would appear inappropriately harsh for a dying man ….’ 
1.7 Para. 3.4 of your draft report contains a long written statement from Cllr. Butt, which he provided to you in advance of your interview with him. His statement includes the following passage (on page 15 of the draft report):
‘At the full council meeting in February apologies for absence for Tayo were given and for his absence due to ill health were tabled. This was done in absolute good faith either that he was recovering somewhere here in the UK or that he had flown out with his mother to recover at the family home in Nigeria.’ 
1.8 Para. 3.10 of the draft report records what Cllr. Kabir, the Labour Group Chief Whip, told you at interview, including the following (at page 35):
‘In the early part of this year the Group Executive did not know what was happening in relation to Councillor Oladapo, except that he was in the Royal Free Hospital in Camden and that he was still ill. Councillor Butt had told her that he had been to see Councillor Oladapo and had been shocked at his appearance. A number of people wanted to go to the hospital to see him but were told that he did not want to see anyone. In February this year Councillor Butt was telling anyone who asked that Councillor Oladapo was still in hospital so far as he knew.’ 
1.9 Para. 3.14 of the draft report contains the text of an email sent by Cllr. Janice Long to the Labour Party internal investigation into this matter, which she provided you with a copy of. It includes the following passage at page 37 (presumably referring to an message which Cllr. Butt had sent to Labour councillors about the circumstances surrounding Cllr. Oladapo’s death): 
‘Cllr Muhammad Butt stated 'after December we lost contact with him.’ I could comprehend Tayo dying and our not knowing for a few days as there was not daily contact. But not knowing for 5/6 weeks is unfathomable. And the statement was wrong as we had been told that in January that he was getting better although he had had to be readmitted to hospital. So there was still contact after December.’
1.10 A final point on “honesty” which you may wish to take into account, in weighing up the balance of probabilities in this matter, is a comment made by Cllr. Pavey in his written statement to you at para. 3.7 (on page 33 of the draft report). Although I am not a member or supporter of any political party, and was not involved in any way with the campaign for leadership of the Labour Group between Cllr. Butt and Cllr. Pavey in May 2016, I am aware that such views might be coloured by that rivalry, just as Cllr. Butt’s close supporters also appear to have “rallied round the Leader” and stood up for him in your investigations. Despite this, I still think the following is a fair point:
‘However I also see detailed allegations from a very credible witness – which Cllr Butt has not produced evidence to rebut. I also see a potential motive for Cllr Butt to act in a cynical way – but I can see no reason for [XX] to act cynically. If it is one person’s word against another’s, I only see a motive for one of them to lie.’ 
On the matter of witness credibility, as para. 4.8 of your draft report says, the Labour Party’s own internal investigation into this matter found that: 
‘ … it was impossible to prove [XX]'s allegations were true beyond doubt, although there is no reason to believe that she doubted the truth of her allegations.’ 
This is the written statement Muhamed Butt provided to Richard Penn ahead of his interview: