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Note Of Decision Web Version

Complaint no. LA/Fa/807 concerning an alleged contravention of the Councillors’ Code of Conduct by Councillor Linda Gow of Falkirk Council

1. Complaint number LA/Fa/807 alleged a contravention of the Councillors’ Code of Conduct (“the Code”) by Councillor Linda Gow (“the respondent”).

2. It was alleged that the respondent had contravened the Code, in particular, the key principles of Duty, Integrity, Accountability and Honesty in paragraph 2.1.

3. The person complaining (“the complainant”) alleged that the respondent did not answer letters which he sent to her, or return telephone calls which he made to her, in connection with a harassment and bullying claim which his wife was pursuing with the Council.

4. The respondent explained that when she was contacted, by telephone, by the complainant in July 2008 she sought information from the Director of Housing and Social Work and, having done so, she then advised the complainant that, as an elected member and especially in her position as a member of the Appeals Committee, it would not be appropriate for her to get involved.

5. It was not the case, therefore, that the respondent ignored the approach made to her by the respondent, rather that she ascertained the position and advised him that it would not be appropriate for her to get involved.  Despite having received this explanation the complainant continued to write to the respondent. His complaint was founded on his unwillingness to accept that it was inappropriate for the respondent to get involved in processes which, at that stage, were the responsibility of officers and not elected members.

6. Having regard to the information provided by the respondent and the Monitoring Officer I considered that the respondent did respond to the complainant’s initial contact, that she gave the complainant a valid explanation as to why she could not get involved in correspondence or discussion about his wife’s claim of harassment and bullying and that she acted commendably in not getting involved in processes which, at that stage, were the responsibility of Council officers.  I found that, in deciding not to engage in correspondence with the complainant, the respondent acted properly and that she had not breached the key principles of Duty, Integrity, Accountability and Honesty in paragraph 2.1 of the Code.

7. Having considered the information that arose from my investigation, I concluded that Councillor Linda Gow had not contravened the Councillors’ Code of Conduct.

D Stuart Allan

Chief Investigating Officer

Forsyth House

Innova Campus

Rosyth Europarc

Rosyth

KY11 2UU

30 March 2009