No Breach of the Code Has Been Found

CONSIDERATION DECISION NOTICE

NO BREACH OF THE CODE HAS BEEN FOUND

Reference: 30193

Complainant: Mrs Doreen Lawrence

Subject Member: Councillor Nancarrow, Perranzabuloe Parish Council

Person conducting Simon Mansell, Principal Legal Officer the Consideration:

Date of Consideration: 20 May 2013

Summary of the allegations considered

A complaint has been made by Mrs Doreen Lawrence that she believes Councillor Nancarrow may have breached the Code of Conduct for Perranazubloe Parish Council. The background to this complaint is that the Complainant alleges that on 8 May 2012 Councillor Nancarrow sent an email which contained confidential information to 11 recipients including a Reporter from the West Briton regarding a Parish Council lease which was under negotiation.

Decision

No breach of the Code of Conduct.

Reasons for the Decision

In reaching the decision I have had full regard to the Investigation Report and its associated appendices, and the views of the Independent Person. I have received no response to the final Investigation Report and my letters from either the Complainant or Councillor Nancarrow.

The complaint from the Complainant centred around the fact that Councillor Nancarrow had disclosed the current amount on a lease for the Tennis Club. It was the view of the Complainant that by disclosing this information, which contained the value of the lease, Councillor Nancarrow had disclosed confidential information.

In reviewing the Investigation report; in addressing the email to the 11 recipients, it is clear that Councillor Nancarrow inadvertently addressed it to the West Briton reporter and this was not a deliberate attempt on his behalf to disclose any information to the reporter. In looking at the information that was disclosed; were this lease to have been registered with the Land Registry, the value of the lease would have been in the public domain. It is considered that, while the lease was not registered, this would be information which would be discloseable to a member of the public were they to request it under the Freedom of Information Act. Therefore, as this information would be publicly available on request; it is not considered that Councillor Nancarrow has disclosed confidential information and has therefore not breached Paragraph 4(a) of the Code of Conduct for Perranazbuloe Parish Council.

In further considering that the addressing of the email was inadvertent and that in different circumstances Councillor Nancarrow may have disclosed confidential information; as the information which was sent to the reporter was in the public domain, it is not considered that through his actions, Councillor Nancarrow has brought his office into disrepute. However, Councillor Nancarrow should take care when addressing emails and ensure that all emails are correctly addressed to the right recipient prior to committing to sending an email.

Given that no breaches of Paragraphs 4(a) and 5 of the Code are found; it is not considered that Paragraph 6(a) of the Code of Conduct, which is improperly using your position to confer an advantage or disadvantage on others, is found.

It should be noted that in conducting the consideration of this matter the paragraphs referenced refer to the previous Statutory Code of Conduct which was in place at the time of the allegations and has since been superseded following a change to the Ethical Standards Regime on the 1 July 2012

It should be noted that in referencing the Code of Conduct on these matters, as the alleged breach of the Code of Conduct occurred before the changes to the Ethical Standards Regime on 1 July 2012, the Paragraphs used are those from the previous Statutory Code of Conduct which applied to Perranzabuloe Parish Council up until the change of the Ethical Standards Regime.

What happens now?

This decision notice is sent to the Complainant, the member against whom the allegation has been made and the Clerk to Perranzabuloe Parish Council.

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SJR Mansell MBE Principal Legal Officer On behalf of the Monitoring Officer Date: 21 May 2013