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Complaint no. LA/SL/484 concerning an alleged contravention of the Councillors’ Code of Conduct by Councillors Jackie Burns, John McGuinness, Tony Carlin, Alex McInnes, Sam Casserly, Brian McKenna, Russell Clearie, Denis McKenna, Gerry Convery, Danny Meikle, Jim Daisley, Alice Marie Mitchell, Alan Dick, Patricia Osborne, Jim Docherty, Bob Rooney, Eileen Logan, William Ross, Joe Lowe, Chris Thompson, Edward McAvoy, Murray Tremble, Billy McCaig, Pat Watters and Michael McGlynn of South Lanarkshire Council

1. Complaint number LA/SL/484 alleged a contravention of the Councillors' Code of Conduct ("the Code") by the above named Councillors ("the respondents").

3. The complaint related to delays between August 2004 and August 2005 in repairing and replacing the door entry system for a residential tower block of 87 flats. The person complaining ("the complainant") first complained to the Scottish Public Services Ombudsman who upheld the complaint and criticised the authority for inordinate delays in dealing with the matter. The complainant also made a complaint under the terms of the Ethical Standards in Public Life legislation alleging that the councillors named in this complaint, who serve as members of the Housing and Technical Resources Committee, failed to control or oversee events to ensure that departmental procedures were proving effective in practice, and breached the provisions of the Code as stated in paragraph 2 above.

4. I did not uphold the complaint against the Councillors named as the respondents in this case. Paragraph 3.3 of the Code makes it clear that Councillors and employees have different roles and responsibilities. A Councillor's role is to determine policy and to participate in decisions on matters placed before them, not to engage in direct operational management of the Council's services. That is the responsibility of the Council's employees, and it is the responsibility of the Chief Executive and senior employees to ensure that the policies of the Council are implemented.

5. Part of a councillor's role is to hear constituents' concerns about inadequate service, whether for housing repairs or other matters and, where appropriate, to raise these with the relevant Council department or head of service. That is not the same as expecting a Committee to intervene in operational management and control or oversee the effectiveness of departmental practice. Nevertheless, while councillors should not be involved in day-to-day operational matters, they must ensure that there are processes in place which will allow them regularly to review the management of resources and the Council's services.

6. The Council's procedures have fulfilled this requirement with the regular monitoring reports which go before each meeting of the Housing and Technical Resources Committee. These reports cover a wide range of performance indicators. However, it was pertinent to note that the outcome of reports by the Scottish Public Services Ombudsman was not included among the information provided to the relevant Committee. It goes without saying that a report from the Ombudsman, particularly one which is critical of the authority, must be of material interest to members of the relevant service Committee. It is noted that reports on Ombudsman complaints are now to be placed before Committee members.

7. I considered that the respondents, in their capacity as members of the Housing and Technical Resources Committee, had properly fulfilled their role as elected members. It was not for them to assume the role envisaged by the complainant. That was the responsibility of officers of the Council's paid service to whom authority for running the service has been delegated. In this connection, the Chief Executive wrote to the complainant apologising for the inordinate delay in carrying out the necessary repairs. Accordingly, I find that the respondents could not reasonably be taken to have breached the Key Principles of Duty, Accountability and Stewardship, Openness, and Leadership set out in section 2 of the Councillors' Code of Conduct, section 3 relating to General Conduct or paragraph 5 of Annex C Protocol for Relations Between Councillors and Employees.

8. Having considered the information that arose from my investigation, I concluded that Councillors Jackie Burns, John McGuinness, Tony Carlin, Alex McInnes, Sam Casserly, Brian McKenna, Russell Clearie, Denis McKenna, Gerry Convery, Danny Meikle, Jim Daisley, Alice Marie Mitchell, Alan Dick, Patricia Osborne, Jim Docherty, Bob Rooney, Eileen Logan, William Ross, Joe Lowe, Chris Thompson, Edward McAvoy, Murray Tremble, Billy McCaig, Pat Watters and Michael McGlynn had not contravened the Councillors' Code of Conduct.

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