Agenda item

The Sub-Committee met to determine an allegation that Councillor Balwinder Dhillon had failed to comply with the Council’s Local Code of Conduct.  The allegation had been referred to the Council for investigation by the Standards Board for England on 27^th November 2007.  Subsequently, on 11^th January 2008 the complainant indicated that she had agreed with Councillor Dhillon that provided he wrote a letter of apology she would withdraw her complaint to the Board.  The complainant subsequently sent a letter dated 11^th January 2008 formally withdrawing her complaint. 

The Standard Board for England had been consulted on this matter and they  had indicated that there was no provision in the current relevant legislation covering the withdrawal of a complaint once the investigative process had started.  The Board advised that a report stating findings of fact had still to be prepared and a hearing had to take place albeit to recommend to the Sub-Committee that the matter required no further action.

In accordance with the Board’s advice, the Investigating Officer had completed her investigation and a copy of her final report was submitted.  The Investigating Officer indicated that her findings were inconclusive due to the withdrawal of the allegation and subsequent inability to interview witnesses to the alleged event and accordingly, recommended no further action in respect of this matter. 

The Sub-Committee deliberated the matter in private and on reconvening the hearing the Chair advised that as the investigation could not be completed due to the withdrawal of the complaint the Sub-Committee concurred with the Investigating Officer’s recommendation. 

In accordance with paragraph 2(b) of Regulation 8 of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003, Councillor Dhillon indicated that he did not wish a public notice setting out the Sub-Committee’s finding to be published. 

Resolved  -  That in respect of the complaint now submitted regarding Councillor Dhillon no breach of the Local Code of Conduct has been found.