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Complaint no. LA/SB/438 Concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Catriona Bhatia of Scottish Borders Council

1. Complaint number LA/SB/438 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Catriona Bhatia ("the respondent").

2. It was alleged that the respondent had contravened Section 5 of the Code, in particular, paragraph 5.11 relating to Declaration of Interests.

3. The Complaint

The complainant alleged that, on 27 April 2006, Councillor Bhatia participated in a meeting of Scottish Borders Council at which it was decided to pursue the proposal to build a new school at Neidpath Grazings, but that she failed to declare an interest, namely that three of her children attend Halyrude School. (If a new Kingsland School was built at Neidpath Grazings, the pupils of Halyrude School would move into the existing Kingsland School after it had been refurbished.) It was also alleged that in April 2006 Councillor Bhatia provided the complainant with information which was factually inaccurate, and expressed the view that it was not the expected duty of councillors to represent the views of people in their wards (or words similar).

4. Conclusion

I did not consider that the matters raised amounted to breaches of the Code of Conduct. Councillor Bhatia advised me that: "At the first public meeting in September 2005 regarding the original consultation on the future of Kingsland and Halyrude Schools, I made clear reference to the fact that I would NOT be participating in this consultation as a parent but would at all times fulfil my role as Councillor. I did not return any of the questionnaires sent out by the Halyrude School Board or the Council to which I could have responded as a parent, nor did I form a personal view or discuss the matter with parents other than in my capacity as their Councillor. I am very clear as to the distinction between my role as Councillor and as a parent. For example, I do not attend School Board meetings, nor did I participate in the recent interviews for a new headteacher for Halyrude. A Councillor (Independent) from a neighbouring ward undertakes these duties, as in my view, such activities could potentially have a direct influence on my children's day to day education, and therefore a conflict of interest could arise." She also wrote: "By contrast decisions regarding the school estate in Peebles and the Borders are strategic, long-term decisions, which are taken after receiving reports and advice from professional officers. As a local Councillor and resident I frequently take decisions on facilities and services, which I also use, without declaring an interest. This is unavoidable, and indeed, is part of the basis for local democratic representation. For example since May 2003, I have secured funding to double the frequency of local bus services, provided a pedestrian crossing in the High Street, saved the public toilets from closure, assisted in putting together a rescue package for the local theatre, to name but a few. My family and I use all of these facilities and services, in the same way, that my children attend a local school."

The distinction which Councillor Bhatia drew between the strategic duty of an education authority to generally secure the provision of adequate and efficient education for their area in contrast to their functions in support of individual pupils is reflected in the structure of the Education (Scotland) Act 1980. Part I of the 1980 Act sets out the requirements on authorities in connection with the 'Provision of Education by Education Authorities' whereas Part II deals with the 'Rights and Duties of Parents and Functions of Education Authorities in relation to Individual Pupils.'

While Councillor Bhatia could have erred on the side of caution and declared this "interest" I was satisfied that in all the circumstances it was competent for her to participate in the strategic decisions affecting the school estate in Scottish Borders Council without contravening the Councillors' Code of Conduct.

Councillor Bhatia also claimed that the information provided by her was correct to the best of her knowledge at that time. In any event while the other matters raised may have justified dissatisfaction with Councillor Bhatia's performance as a councillor, they could not reasonably be regarded

5. Having considered the information arising from my investigation, I concluded that Councillor Catriona Bhatia had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
28 September 2006