Dear Mr. Barnbrook,
Your complaint against Mr Alabi
Thank you for your email received on 3 February 2014 providing details of your complaint. I understand from your email that your complaint is that Mr. Alabi failed to properly investigate, at the review stage, the conduct of Councillor Cheryl Bacon on 19th June 2013 at a Public Realm Meeting.
The conduct of Councillor Bacon was the subject of a complaint by you under the Members’ Code of Conduct. Mrs. Tyler provided a response to your complaint on 23rd August 2013 and Mr. Alabi has undertaken a review of that response. Mr. Alabi wrote to you on 10th February confirming that, having undertaken a review, he has concluded that there was no breach of the Code of Conduct.
You will be aware that there is no further right of appeal or review of Mr. Alabi’s decision under the procedure for considering complaints against Members in relation to the Members’ Code of Conduct and it is not be appropriate for the complaints procedure to be used to re-examine the substantive issues.
I reject your complaint as being outside the scope of the Council’s Complaints Procedure because the issues fall under the procedure for considering complaints under the Members’ Code of Conduct.
Mr. Alabi’s letter of 10th February specifically states that he and the Independent Person, Ms. Sandhu, had concluded that it was not necessary to interview any other person. It is clear that the issue of whether Councillor Slaughter should be interviewed was considered as part of Mr. Alabi’s review and I see no basis for any complaint, even if it were appropriate to pursue this matter under the Council’s Complaint Procedure. I am also satisfied that Mr. Alabi has conducted a diligent, thorough and competent review.
The circumstances giving rise to this correspondence took place in June 2013 and have been the subject of extensive correspondence, meetings and discussion. I do not consider that it is reasonable for the Council to be required to enter into any further correspondence or to expend further resources in relation to these matters.
Deputy Director HR and Corporate Support
28th February 2014