Agenda and draft minutes

To select a Member to act as Chair of the meeting.

Councillor Monika Slater duly elected as Chair.

There were none.

All Members are invited to declare at this point any interests they have in items appearing on this agenda, including the nature of those interests.

There were none.

Members are recommended to exclude the press and the public from the meeting during

consideration of the following item. The report and its appendices contain exempt

information as described in paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local

Government Act 1972 (as amended) and it is considered that the public interest in

maintaining the exemption outweighs the public interest in disclosing the information.

NORTH YORKSHIRE COUNCIL STANDARDS AND GOVERNANCE COMMITTEE 

HEARINGS PANEL

Complaint by Parish Councillor Philip Barrett,  Thornton-le-Dale Parish Council against Parish Councillor Marguerite Markham, Thornton-le-Dale Parish Council

Reference: NYC/SGC/2023/110

Summary of Decision 

North Yorkshire Council is the principal authority for parish and town councils in North Yorkshire for the purposes of the standards provisions in the Localism Act 2011. It is responsible for receiving and handling complaints that a parish/town councillor may have breached that authority’s code of conduct for Members.

On 7 November 2024 the Standards and Governance Committee Hearings Panel, in consultation with the Independent Person for Standards and an independent parish/town council representative, considered a complaint by Parish Councillor Philip Barrett, Thorntonle-Dale Parish Council, that Parish Councillor Marguerite Markham, Thornton-le-Dale Parish Council, has failed to follow the Parish Council’s Code of Conduct for Members.

Summary of complaint

The complaint concerns the subject Member’s alleged behaviour at a Parish Council subcommittee meeting held in November 2023 when it is alleged she disclosed confidential third party information in a verbal outburst in front of members of the public.

Summary of findings

The Panel found that the subject Member was acting in her official capacity as a Parish Councillor at the relevant time.

The Panel found that the comments made by the subject Member were in breach of the general principle on councillors to exercise reasonable care and diligence and also paragraph

4 (confidentiality and access to information) of the Parish Council’s Code of Conduct. More particularly she had not considered whether it was appropriate to disclose the confidential information and the Panel did not consider that any of the exceptions and justifications for disclosure in paragraph 4 of the Code were met in this case.

Sanctions and Recommendations

The Panel recommends to Thornton-le-Dale Parish Council that:

1. The Parish Council issue a private letter of censure to the subject Member.

Publicity 

The Panel resolved that a summary Decision Notice, with third party personal information withheld, be sent to the parties and the Parish Council and be published on North Yorkshire Council’s website.

OFFICIAL

There is no right of appeal in relation to this decision.

If either party believes North Yorkshire Council has not followed its procedures in handling the complaint, they may complain to the Local Government and Social Care Ombudsman.

For further information about this matter please contact the Monitoring Officer at MonitoringOfficer@northyorks.gov.uk

Councillor Monika Slater

Chair of the Standards and Governance Committee Hearings Panel

North Yorkshire Council

7 November 2024

OFFICIAL