Independent Ethics Panel

What does the Panel do?

The Council is committed to the highest standards of ethical conduct for its elected councillors and officers. As part of this the Council has set up an Independent Ethics Panel.

The Panel helps the Council promote and maintain high standards of conduct by councillors and officers. It gives advice about what should be in the Councillors Code of Conduct and how complaints about members should be handled.

Panel Members are asked to advise whether individual complaints should be investigated, and make recommendations to be taken into account by the Audit and Transparency Committee before it takes a decision on a complaint.

The Panel also has a broader remit to advise the Council on matters relating to ethics and ethical conduct, anticipate ethical challenges and foster good practice.

The Panel meets in private but must produce an annual report of its work.

Ethics Panel Annual Report 2022-23

Royal Borough of Kensington and Chelsea Independent Ethics Panel Annual Report

Introduction

Since its establishment in 2018, the Independent Ethics Panel for the Royal Borough of Kensington and Chelsea has supported the Council in upholding the highest levels of ethical standards within its governance and management. Now into its fifth year, the Panel continues to evolve, adapting to reflecting the changing landscape and adapting to new challenges.

Given the nature of our work, which often involves confidential and sensitive matters, our meetings are held privately. This allows us to function with complete independence and enables the Panel to give candid and unbiased advice to the key statutory officers at the Council, specifically the Chief Executive and Monitoring Officer. In this report, we aim to provide a public record of the Panel's activities throughout the last year. 

Membership

The Ethics Panel is made up of 3 Independent Persons appointed under the auspices of the Localism Act 2011. Members of the Panel are appointed by the Council following an open recruitment process. The members of the Panel during 2023 have been:

The Revd Ijeoma Ajibade (2018- ) - Ijeoma is the Chief of Staff to the Archbishop of Canterbury. She has spent most of her career working in local government and also worked for the London Assembly and for two Mayors of London (Ken Livingstone and Boris Johnson). 

Mr Shajad Hussain (2019- ) - Shajad is a Licensing Manager for Transport for London, responsible for London Taxi and Private Hire Vehicles, including the investigation of complaints against drivers. 

Mr Mark Jarvis (2022- ) - Mark has 39 years experience in investment banking and finance. He retired from EY after 20 years as a Partner and Group CFO following many years with Robert Fleming & Co, one of the last UK family-owned merchant banks. He now works as a NED and Board Advisor on numerous companies and charities. 

Role and remit

The Panel’s role is to:

• advise the Council on the best practice to promote and maintain high standards of conduct by Councillors and officers
• advise the Council on the adoption or revision of a Members’ Code of Conduct.
• advise the Council on the adoption or revision of the arrangements for dealing
• with complaints alleging a breach of the Members’ Code of Conduct.
• advise whether a complaint relating to a breach of the Code should be
• investigated
• make recommendations to be taken into account by the Audit and Transparency Committee before it takes a decision on a complaint which has been investigated.
• advise the Council on matters relating to ethics and ethical conduct, anticipate ethical challenges and foster good practice.
• make relevant recommendations on these matters to the Chief Executive and the Monitoring Officer.

As well as continuing to provide an effective independent voice in member conduct issues, the Panel seek to assist the Council in answering the following question:

Is the Council doing all a reasonable organisation could be doing to prevent unethical behaviour and promote high ethical standards in the conduct of its political and managerial operations and decision making?

Progress and activities

Developing the Panel’s perspectives and understanding 

In March the Panel met with Paul Hoey and Natalie Ainscough, expert trainers and consultants in local governance, to learn about best practice and emerging trends in local government ethics and standards. This thoughtful and wide-ranging session looked at member conduct case studies from across England and Wales, particularly relating to themes such as bullying, disrespect and civility, and the use of social media. It has informed much of our work this year, and the advice provided in this report.

The Panel’s role in upholding high standards

Upholding high ethical standards is foundational to the role of the Ethics Panel. It is our firm belief that those serving in public roles must adhere to a heightened level of professional and personal conduct to foster and sustain public trust in local democratic institutions.

The legislative and regulatory framework that governs the conduct of elected councillors is, in some ways, rather limited. Citizens may make complaints about incidents and behaviours that they believe breach the Councillor Code of Conduct, which are then handled in accordance with the Council’s agreed procedure. Should a breach of the code be found, the matter is report to the Council’s Audit and Transparency Committee, which may recommend some limited courses of action, up to and including censure by full Council. The standards regime does not, however, have the power to remove councillors. The system is designed, at present, so that the ultimate sanction is that poor conduct and behaviour is exposed to public view, and thus the electorate is enabled to exercise their view of this conduct at the ballot box.

The Panel believes it therefore has an important role not only in advising the Council’s statutory officers on the specifics of complaints, but also in supporting the Council should it need to address and raise awareness of poor conduct, thereby ensuring that electors are adequately informed and that public confidence in local governance is maintained.

Social media and civility in public life

It is heartening to note that councillors at Kensington and Chelsea almost always exemplify the high standards that we advocate. Last year the Council unanimously adopted a commitment to civility in public life promoted by the Local Government Association. No one – councillors, residents or staff - should have to tolerate bullying, disrespect or incivility that may arise as a consequence of a flawed political culture or individual misconduct.

That said, the Ethics Panel recognizes the challenges that social media platforms pose in maintaining civility in public life, particularly for councillors who are often under the spotlight.

It is our view that the tenets of respectful and responsible communication should extend seamlessly from the Council chamber to the virtual realm. Thus, the Panel has been proactive in advising on the Council's social media training programs for councillors. 

Given that this is a space where lines can blur rapidly between professional and personal lives, it’s imperative for those in public service to lead by example in creating a respectful online environment.

Complaints and conduct

The primary role of the Ethics Panel is to strengthen the arrangements for handling complaints about the conduct and behaviour of elected members. In performing this function, we also fulfil the statutory role as Independent Persons by advising the Monitoring Officer on complaints relating to Councillor conduct.

Where wider lessons might be drawn, we will advise the Monitoring Officer and/or the Chief Executive about action they may wish to take. Details of investigations undertaken are reported to the Audit and Transparency Committee in accordance with the Council’s arrangements for dealing with complaints.

Number of Complaints

During the period covered by this report, the Panel was involved in reviewing a total of six complaints related to elected members' conduct. Three of these resulted in hearings by the Audit and Transparency Committee.

Process and Outcome

Complaint One:

The Ethics Panel gave advice about a complaint against Councillor Kasim Ali by Councillor Eva Jedut alleging a breach of the Councillor Code of Conduct in relation to his behaviour towards her both during and following a meeting of the Planning Applications Committee which took place on 4 April 2023. 

The Audit and Transparency Committee found that Councillor Ali did not treat Councillor Jedut, in front of residents, in a way that demonstrated the mutual respect that is necessary to good governance, which is a breach of paragraph 1.04 (ix) of the Code; and as a result, the behaviour complained of was also a breach of paragraph 1.04 (x) of the Code treating people with respect, paragraph 1.04 (xi) of the Code acting in a manner which is likely to bring the Council into disrepute, and paragraph 1.04(xiii) of the Code failing to promote high standards of conduct. 

The Committee, taking into account the mitigating circumstances put forward by Councillor Ali, his co-operation with the investigation and a written apology, sanctioned Councillor Ali by means of censure.

The Ethics Panel agreed with the conclusions reached by the Council’s Investigating Officer. This was the first and only Code of Conduct complaint made about Cllr Ali since his election as a councillor in 2019. We were not concerned therefore that Cllr Ali has exhibited any unacceptable pattern of conduct. Whilst we agree that the conduct was unacceptable in terms of the Code of Conduct, in our view it was not a serious breach. 

Complaints Two and Three:

The Ethics Panel gave advice about two complaints against Councillor Eva Jedut for breach of the Councillor Code of Conduct. 

In relation to the first complaint, the Audit and Transparency Committee agreed with the findings of the Investigating Officer who upheld three of five allegations made in relation to postings on social media by Councillor Jedut. The Committee found that Councillor Jedut was in breach of paragraph 1.04 (x) – (xiii) of the Councillor Code of Conduct in relation to those allegations. 

In relation to the second complaint, the Committee agreed with the findings of the Investigating Officer who upheld all three of the allegations in relation to further postings on social media by Councillor Jedut. The Committee found that Councillor Jedut was in breach of paragraph 1.04 (x) – (xiii) of the Councillor Code of Conduct in relation to those allegations.  

Paragraph 1.04 (x) – (xiii) states that a Councillor will promote and support high standards of conduct and their conduct will in particular address the statutory principles of the code of conduct by:- 

(x)  Treating people with respect, including the organisations and public I engage with and those I work alongside, and paying particular attention to the commitments made in the Charter for Families Bereaved through Public Tragedy. 

(xi)  Not conducting myself in a manner which is likely to bring the Council into disrepute. 

(xii)  Promoting equality and not discriminating unlawfully against any person.

(xiii)  Promoting and supporting high standards of conduct through leadership and example. 

The Committee agreed to impose the following sanctions:

(i) Councillor Jedut is censured by the Committee; 

(ii) Councillor Jedut is to attend a programme of 1-2-1 bespoke training and support in relation to social media, equalities and the role and responsibilities of a councillor;

(iii) Councillor Jedut is recommended to undergo counselling and that the Monitoring Officer provide Councillor Jedut with details of the Council’s counselling service. 

The Ethics Panel agreed with the conclusions reached by the Council’s Investigating Officer. This was the second complaint about Councillor Jedut arising from her use of social media and in particular Twitter. A member of the public complained about a tweet posted by Councillor Jedut in June 2022. Councillor Jedut accepted that the tweet caused offence and apologised to the complainant. She also accepted the need for training on the use of social media. The complaint was therefore not investigated further. 

The Monitoring Officer and the then Chief Executive, who dealt with the appeal against the Monitoring Officer’s decision not to investigate the complaint, considered that Councillor Jedut’s acknowledgement that her behaviour was in breach of the Code of Conduct coupled with further training and information should ensure that the councillor in question will seek to uphold higher standards of conduct in future. 

However, this further complaint demonstrates that Councillor Jedut still does not appreciate the impact of what she posts on social media, even if her intention is not to cause offence, and the requirements of the Code. We are of the view that the Council needs to make it absolutely clear that the tweets the subject of the complaint are not acceptable. In our view this complaint is one of the more serious complaints on which we have had to advise the Monitoring Officer and the Committee. 

As well as the subject matter of the complaint we were also concerned about the way in which Councillor Jedut appeared to have failed to engage with the investigation until the complaint was due to be heard by the Audit and Transparency Committee. The Code of Conduct provides that councillors will uphold the Council’s commitment to the Code of Conduct by offering their full co-operation in responding to allegations of breaches of the standards set out in the Code. We note that in her representation to the Committee Councillor Jedut apologised for and explained the reasons for the delay but we consider that councillors should treat code of conduct complaints with the seriousness they deserve and understand from the Monitoring Officer that most councillors do.

Themes and issues arising from complaints

There are a number of observations we would wish to make to support the Council in learning from complaints to continually improve its standards and practices.

We have already set out above our views on the importance of civility in public life, especially when using social media. Councillors must hold themselves to the highest possible standards whether in meetings, in day-to-day interactions with colleagues and residents, and online. 

Whilst we are encouraged by the Council’s provision of social media training for councillors, in many cases it should already be clear to elected councillors what is acceptable and what is not when it comes to expressing their viewpoint. Councillors are elected to represent all in their community, and we would strongly caution against councillors engaging with or expressing extreme views about particular faiths and nationalities. 

Our recent work has also given rise to concerns that political parties and local political groups are not always taking seriously enough their own responsibility for selecting and developing candidates with the capabilities and resilience to be effective community representatives. Political parties should support the Council in providing their own training and mentoring to complement that of the local authority, and work closely with the Monitoring Officer to prevent examples of poor conduct from escalating.

Future work and conclusion

As we look ahead to the next 12 months, the Ethics Panel will continue its focus on fostering a culture of integrity and ethical decision-making within the Council. 

The Ethics Panel hopes to be a valuable resource for both the Council and the community it serves. We warmly welcome insights from residents, officers, and elected members about areas where our guidance and advice may be beneficial.

Our thanks go to the Panel members, Council staff, and residents who have enabled us to fulfil our remit over the past year. 

The Independent Ethics Panel

Revd Ijeoma Ajibade

Shajad Hussain

Mark Jarvis

 

Ethics Panel Annual Report 2021-22

Introduction

The Independent Ethics Panel for Kensington and Chelsea Council was established in 2018 as part of the Council’s commitment to maintaining the highest ethical standards in governance and management.

The issues the Panel considers are frequently of a confidential or sensitive nature, especially where it relates to individual complaints, so meetings of the Panel are held in private.

This also enables the Panel to provide honest and independent feedback to the statutory officers responsible for promoting ethical conduct at the Council, the Chief Executive and Monitoring Officer.

This annual report provides an overview of our work and outlines how we have sought to fulfil the roles and remit of the Panel during 2021/22.

Membership

The Ethics Panel is made up of three Independent Persons appointed under the auspices of the Localism Act 2011. Members of the Panel are appointed by the Council following an open recruitment process. The members of the Panel during 2021/22 have been:

The Revd Ijeoma Ajibade (2018- ) - Ijeoma is Regional Director, Europe for the Mission to Seafarers. She spent most of her career working in local government and she also worked for the London Assembly and for two Mayors of London (Ken Livingstone and Boris Johnson). In November she will take up a post as Chief of Staff to the Archbishop of Canterbury.

Ms. Johanna Holmes, OBE (2018-2022) - Johanna’s working career since 1973 in housing and homelessness spans the public, private and voluntary sectors. She has lived in North Kensington for more than forty years and has served the Council as an Independent Person since 2013. She stood down from the Panel in March 2022

Mr Shajad Hussain (2019- ) - Shajad spent most of his career working in local government and currently a Licensing Manager for Transport for London, as part of the regulatory body responsible for London Taxi and Private Hire Vehicles, ensuring the safety of the traveling public.

Mr Mark Jarvis (2022- ) - Mark has 39 years experience in investment banking and finance. He retired from EY after 20 years as a Partner and Group

CFO following many years with Robert Fleming & Co, one of the last UK family owned merchant banks. He now works as a NED and Board Advisor on numerous companies and charities.

Role and remit

The Panel’s role is to:

• advise the Council on the best practice to promote and maintain high standards of conduct by Councillors and officers
• advise the Council on the adoption or revision of a Members’ Code of
• Conduct.
• advise the Council on the adoption or revision of the arrangements for dealing
• with complaints alleging a breach of the Members’ Code of Conduct.
• advise whether a complaint relating to a breach of the Code should be investigated
• make recommendations to be taken into account by the Audit and Transparency Committee before it takes a decision on a complaint which has been investigated.
• advise the Council on matters relating to ethics and ethical conduct, anticipate ethical challenges and foster good practice.
• make relevant recommendations on these matters to the Chief Executive and the Monitoring Officer.

Progress and activities

Review of Ethics Panel

The Ethics Panel has been in operation for four years. In late 2021 the Panel undertook a review of their work against the terms of reference and aims set out upon their establishment in 2018, comparing the work of other similar bodies.
The Panel felt its role in conduct and complaints was clearly defined, but they required more steer and structure to support the Council on wider ethical issues. The key question in the roles and remit section is the product of this consideration.

We also believed that it would be helpful for the Panel to have a framework to assist it in its future deliberations and discussions when being asked to provide an in-depth ethical assessment of an issue. The Panel has developed a Forward Plan of work which includes following up on topics they have considered in the past, and regular updates on ongoing issues.

Complaints and conduct

The primary role of the Ethics Panel is to strengthen the arrangements for handling complaints about the conduct and behaviour of elected members. In performing this function, we also fulfil the statutory role as Independent Persons by advising the Monitoring Officer on complaints relating to Councillor conduct.

Where wider lessons might be drawn, we will advise the Monitoring Officer and/or the Chief Executive about action they may wish to take. Details of investigations undertaken are reported to the Audit and Transparency Committee in accordance with the Council’s arrangements for dealing with complaints.

In the period covered by this report the Monitoring Officer sought the advice of members of the Panel in connection with five complaints, received during this period, that councillors had breached the Code of Conduct. One the complaints was not pursued by the complainant and the matters raised in another two complaints were not a breach of the Code. In the other two cases the complaints were settled informally by apologies from the councillors to the complainants.

The Monitoring Officer also concluded investigations into two complaints, received in the previous reporting period. The investigation concluded that there was no breach of the Code in one case. The Monitoring Officer concluded that there was a breach in another case but, as the councillor concerned did not stand for re-election, there was no benefit in holding a hearing of the Audit and Transparency Committee. A copy of the investigation report was sent to the complainants and the organisations in support of which the complaints had been submitted.

Finally, another complaint received in the previous period was settled by an apology.

There were no common themes in the complaints. In the majority of cases, the councillors engaged with the Monitoring Officer, responded to the matters raised by the complaints and, where appropriate, agreed a way of settling the complaint informally in a way which was acceptable to the complainant.

New Councillor Induction

An essential component of a robust standards and ethics framework are opportunities for councillors to develop their understanding of the Member Code of Conduct and their wider ethical responsibilities. The Ethics Panel advised the council about the New Councillor Induction Programme delivered following the
 
May 2022 Borough Elections. We encourage councillors to take advantage of these and other learning opportunities, and particularly to reflect on issues of equality, diversity and inclusion, and on the challenges provided by social media.

Civility in public life

The Panel noted the LGA’s work programme ‘Civility in public life’ aimed at articulating high standards of public discourse, understanding the scale of intimidation and abusive behaviour in local government, and making recommendation to achieve positive debate and support local authorities. We were pleased to note the Council unanimously passed a motion supporting the highest standards of conduct and debate, both within the Council and in the public square, including online.

Creation of a Leadership Team Shareholder Committee

The Panel reviewed the creation of a committee to exercise the shareholder function of two recently established Council-owned companies. The Panel considered potential ethical conflicts that might arise in managing the interests of the Council and those of the companies, which are separate entities.

Organisational culture and management practices

In our wider role, the Ethics Panel has advised the Chief Executive on the continued changes in the Council’s organisational culture and management practice. A particular challenge in recent years has been the move to more
widespread hybrid working as a consequence of the COVID-19 pandemic, which has presented a number of dilemmas. We have encouraged the Council to be innovative and entrepreneurial in establishing new ways of working. In the
coming months we will also be reflecting on the Council’s framework for skills, training and recruitment, and ensuring that ethical considerations are given a high profile.

Movement of peoples

The Ethics Panel has discussed the Council’s approach to a major new public service challenge, the welcome and accommodation of refugees and evacuees from overseas conflicts. We received an update on the support being provided by the Council to Afghan evacuees placed by the Home Office in hotels within the Borough, and more recently assisting with the placement of Ukrainian refugees with local sponsor families.

Updates on themes previously examined:

Over its term the Panel has reviewed several ethical and policy issues at the Council. We receive regular updates on the ongoing recovery work following the Grenfell Tower Tragedy; the outside appointment of councillors; equality diversity and inclusion; and the impact of COVID-19 on the Council and the borough.

Future work and conclusion

Over the next twelve months we expect to consider a revised Protocol on Councillor/Officer Relations, and advise and support the new chief executive in her new role.

As ever, the Ethics Panel aims to be a resource for both Council and community, and we welcome the views of residents, officers and councillors about where they think we can be of help.

In closing, we would like to thank Dr Johanna Holmes, who stood down from the Panel in March 2022, for her contribution as a founding member of the Panel, and for her service as an Independent Person since 2013.

The Independent Ethics Panel

Revd Ijeoma Ajibade

Shajad Hussain

Mark Jarvis

Ethics Panel Annual Report 2020-21

Introduction

The Independent Ethics Panel for Kensington and Chelsea Council was established in 2018 as part of the Council’s commitment to maintaining the highest ethical standards in governance and management.

The issues the Panel considers are frequently of a confidential or sensitive nature, especially where it relates to individual complaints, so meetings of the Panel are held in private. This also enables the Panel to provide honest and independent feedback to the statutory officers responsible for promoting ethical conduct at the Council.

This annual report provides an overview of our work by outlining how we have sought to fulfil the roles and remit of the Panel during 2020/21.

Membership

The Ethics Panel is made up of three Independent Persons appointed under the auspices of the Localism Act 2011. Members of the Panel are appointed by the Council following an open recruitment process. The current members of the Panel are:

Revd Ijeoma Ajibade (2018- ) - Ijeoma currently works for Mission to Seafarers as Regional Director, Europe. Ijeoma spent most of her career working in local government and she also worked for the London Assembly and for two Mayors of London (Ken Livingstone and Boris Johnson). She ministers at St Philips Earls Court and is also Honorary Minor Canon at Southwark Cathedral.

Ms. Johanna Holmes, OBE (2018- ) - Johanna’s working career since 1973 in housing and homelessness spans the public, private and voluntary sectors. Her most recent activity in this field was as Chair of a housing association – East Homes – from 2007 to 2013. Johanna Holmes has lived in North Kensington for more than forty years and has served the Council as an Independent Person since 2013.

Mr Shajad Hussain (2019- ) - Shajad is a Licensing Manager for Transport for London, responsible for London Taxi and Private Hire Vehicles, including the investigation of complaints against drivers. Mr Hussain was appointed by the Council in late 2019 to replace Dr Sadie Regmi.

The Panel meets quarterly, together with the Chief Executive and Monitoring Officer. As in so many walks of life, the way the Panel has worked in the last twelve months has been reshaped dramatically by the Covid-19 global pandemic, so panel meetings have taken place remotely.

Role and remit

The Panel’s role is to:

• advise the Council on the best practice to promote and maintain high standards of conduct by Councillors and officers
• advise the Council on the adoption or revision of a Members’ Code of Conduct.
• advise the Council on the adoption or revision of the arrangements for dealing with complaints alleging a breach of the Members’ Code of Conduct.
• advise whether a complaint relating to a breach of the Code should be investigated
• make recommendations to be taken into account by the Audit and Transparency Committee before it takes a decision on a complaint which has been investigated.
• advise the Council on matters relating to ethics and ethical conduct, anticipate ethical challenges and foster good practice.
• make relevant recommendations on these matters to the Chief Executive and the Monitoring Officer.

Progress and activities

Best practice, the Member Code of Conduct and other guidance

The Panel has strengthened the overall framework for conduct and behaviour at the Council, by advising the Monitoring Officer about the development of local policies and guidance, and by responding to consultations from Government and national organisations.

In 2019 the Committee for Standards in Public Life published a report on local government ethical standards, including fifteen best practice recommendations. At the time the Ethics Panel considered the report in detail and advised the Monitoring Officer on how they might implement relevant recommendations. This process informed a full review of the Members’ Code of Conduct and the arrangements for dealing with complaints.

During 2020 the Committee requested that local authorities report on the progress they have made in implementing their best practice recommendations. The Panel supported the Council’s response, which can be read, along with those from other Councils, at the Committee’s website.

The Committee for Standards in Public Life also began a new consultation, Standards Matter 2, a wide-ranging review of the institutions, processes and structures in place to support high standards of conduct. The Panel has responded, particularly emphasising the importance of ethical conduct in navigating the pressing public service challenges of the future.

Following consultation, the Local Government Association published their Model Councillor Code of Conduct 2020. The Panel are in the process of considering the Councillor Code of Conduct in the light of this, and will make recommendations for any necessary amendments.

Complaints

The central role of the Ethics Panel is to strengthen the arrangements for handling complaints about the conduct and behaviour of elected members. In performing this function, we also fulfil the statutory role as Independent Persons by advising the Monitoring Officer on complaints relating to Councillor conduct.

Where wider lessons might be drawn, we will advise the Monitoring Officer and/or the Chief Executive about action they may wish to take. Details of investigations undertaken are reported to the Audit and Transparency Committee in accordance with the Council’s arrangements for dealing with complaints. In the period covered by this report the Monitoring Officer sought the advice of members of the Panel in connection with five complaints that councillors had breached the Code of Conduct. No action was required in respect of one complaint because the event complained about did not happen when the councillor was carrying out their councillor role. Another complaint was quickly resolved as the complainant had complained about the councillor’s lack of response to their query but had been using incorrect contact details.

There were no common themes in the complaints although in two cases the complaints were settled informally when the councillor made a prompt and genuine apology accepted by the complainant. The Ethics Panel appreciates that councillors will sometimes get things wrong, for the most part not intentionally, but a swift acceptance of any mistake and a genuine apology will satisfy the complainant and settle the complaint without the need for further action.

One complaint highlighted the issue we refer to below when commenting on the differing cultural, generational and political approaches to the issues of equality and diversity. In the event the complaint was settled in a way which was acceptable to the complainant and the councillor, but it reflected the wider debates in society on the appropriate balance between freedom of speech and the expression or endorsement of views which others consider unacceptable.

Wider Ethical Issues

Impact of Covid-19 - During the period of the pandemic the Council has taken on significant new responsibilities to respond at a local level. These have presented officers and members with new ethical challenges with regards to managing a test and trace programme; holding member-level meetings online while maintaining public participation; assessing the varying health risks to staff and contractors; and supporting residents in economic difficulty.

The Panel is particularly interested in the engagement of members in these issues and in the distribution of resources to support different communities. The Panel will continue to review this emerging area of work and it evolves during 2021.

Ethics and Equalities

Ethical considerations in local government inevitably lead to considerations of fairness and equality in outcomes. During 2020 the Council has sought to strengthen its approach to issues of equality, diversity and inclusion through a new corporate equalities approach.

Elevated public concern about racial injustice and the disproportionate impact of the Covid-19 pandemic has made this all the more urgent and vital. The Panel has spent time this year advising the Chief Executive on this developing approach. Differing cultural, generational and political approaches to issues of equality and diversity present challenges to public authorities and elected members in addressing them. As the profile of Black Lives Matter as a movement has increased, so have debates about its political goals (such as police and justice reform) and its theoretical and ideological underpinning, for example.

This is in a context where the courts have held that, in assessing the application of a councillor code of conduct, freedom of speech in the political context must be protected even if the views expressed are controversial or unacceptable to others. The right to freedom of expression does not outweigh all other interests but has to be balanced against the rights of those who complain about what is said.

Elected representatives may find it challenging to navigate these debates in a way that is respectful of difference and understanding of the experience of prejudice others may have, whilst authentic to their own political and ethical views.

The Panel has seen the Council make a clear political commitment to proactive and meaningful action to address racism and discrimination. We recommend that this is supported by councillors taking advantage of learning and development opportunities to further their understanding of the emerging debates in this area. The Ethics Panel will continue to advise and support the Council as this work continues.

Conclusion

We intend in the forthcoming year to deepen our support for the Council’s approach to community engagement and equality and diversity, as well as continuing to strengthen our local standards regime. As we approach the end of this Council term, the Panel will be looking back at its work over this period, reviewing its operations, and making recommendations for the future of the Panel. As ever, we hope to be a resource for both Council and community, and welcome the views of residents, officers and councillors about where they think we can be of help.

The Independent Ethics Panel

Revd Ijeoma Ajibade

Johanna Holmes

Shajad Hussain

Ethics Panel Annual Report 2019-20

Introduction

This is the first annual report of the Independent Ethics Panel for Kensington and Chelsea Council. The Panel was established in 2018 as part of the Council’s commitment to maintaining the highest ethical standards in governance and management.

In 2017, in the aftermath of the Grenfell Tower tragedy, the Council adopted the principles set out in the Charter for Families Bereaved through Public Tragedy, proposed by Bishop James Jones in his report on the experiences of families affected by the Hillsborough disaster

In doing so, the Council has committed to, amongst other objectives, being “accountable and open to challenge”, and ensuring “that processes are in place to allow the public to hold [them] to account for the work [it does] and for the way in which [it does] it.

In June 2018 the Council agreed to a number of changes to strengthen ethical governance at the Council - including the establishment of an Independent Ethics Panel. Its main roles include:

• advising the Council on the best practice to promote and maintain high standards of conduct by Councillors and officers
• advising the Council on the adoption or revision of a Members’ Code of Conduct.
• advising the Council on the adoption or revision of the arrangements for dealing with complaints alleging a breach of the Members’ Code of Conduct.
• advising whether a complaint should be investigated
• making recommendations to be taken into account by the Audit and Transparency Committee before it takes a decision on a complaint which has been investigated.
• advising the Council on matters relating to ethics and ethical conduct, anticipate ethical challenges and foster good practice.
• making relevant recommendations on these matters to the Chief Executive and the Monitoring Officer.

The issues the Panel considers are frequently of a confidential or sensitive nature, especially where it relates to individual complaints, so meetings of the Panel are held in private. This annual report is intended to provide an overview of our work by describing some of the key issues we have considered and activities we have undertaken.

Membership

The Ethics Panel is made up of three Independent Persons appointed under the auspices of the Localism Act 2011. Members of the Panel are appointed by the Council following an open recruitment process. Since its establishment four people have served on the Panel. They are:

Revd Ijeoma Ajibade (2018- ) - Ijeoma currently works for Mission to Seafarers as Regional Director, Europe. Ijeoma spent most of her career working in local government and she also worked for the London Assembly and for two Mayors of London (Ken Livingstone and Boris Johnson). She ministers at St Philips Earls Court and is also Honorary Minor Canon at Southwark Cathedral.

Ms. Johanna Holmes, OBE (2018- ) - Johanna’s working career since 1973 in housing and homelessness spans the public, private and voluntary sectors. Her most recent activity in this field was as Chair of a housing association – East Homes – from 2007 to 2013. Johanna Holmes has lived in North Kensington for more than forty years and has served the Council as an Independent Person since 2013.

Dr Sadie Regmi (2018-19) - Sadie is a Public Health Registrar and a National Institute of Health Research (NIHR) Academic Clinical Fellow at Imperial College London. She resigned from the Panel in September 2019 in order to pursue a Kennedy Scholarship at Harvard University.

Mr Shajad Hussain (2019- ) - Shajad is a Licensing Manager for Transport for London, responsible for London Taxi and Private Hire Vehicles, including the investigation of complaints against drivers. Mr Hussain was appointed by the Council in late 2019 to replace Dr Sadie Regmi.

Review of Activities

Complaints about Member Conduct

The central role of the Ethics Panel is to strengthen the arrangements for handling complaints about the conduct and behaviour of elected members. In performing this function we also fulfil the statutory role as Independent Persons by advising the Monitoring Officer on complaints relating to Councillor conduct.

Where wider lessons might be drawn, we will advise the Monitoring Officer and/or the Chief Executive about action they may wish to take. For example, issues relating to the conduct of scrutiny meetings led to the Panel providing advice to inform the Council’s overall review of scrutiny arrangements.

Details of investigations undertaken are reported to the Audit and Transparency Committee in accordance with the Council’s arrangements for dealing with complaints.

Policies, guidance and advice

As well as advising on specific complaints, the Panel plays a role in strengthening the overall framework for conduct and behaviour. We do this by advising the Monitoring Officer and supporting the development of appropriate policies and guidance.

Following the publication of the Committee on Standards in Public Life’s report on Local Government Ethical Standards, the Panel advised the Council on the actions it might take to maintain the high standards of conduct required in local government to protect the integrity of decision-making, maintain public confidence and safeguard local democracy.

The report included a range of recommendations mostly to Government, as the recommendations involve changes to legislation, but also to local authorities, the Local Government Association and political groups. In particular the report sets out a list of Best Practice recommendations which local authorities should consider as a benchmark of good ethical practice and implement.

The Ethics Panel considered the report in detail and advised the Monitoring Officer on how it might implement relevant recommendations. This process informed a full review of the Members’ Code of Conduct and the arrangements for dealing with complaints, with changes agreed at the Administration Committee held on 18 September 2019.

The Panel also supported the development of guidance for Councillors on the acceptance and declaration of gifts and hospitality. We will review all relevant policies and guidance at regular intervals to ensure they work as intended and continue to be in line with best practice in the sector.

Outside Appointments

The Panel were asked to advise the Council on the ethical considerations that may be relevant when appointing elected members to outside bodies and organisations.

This is a challenging issue. Unless an elected member is appointed specifically as a representative of the Council, then that appointee has a duty first and foremost to act in the best interests of the organisation to which they have been appointed, over and above the duties they owe to the Council.

This tension is likely to lead to ethical dilemmas arising for a Councillor seeking to represent both the Council, their residents, and what is likely to be a public-spirited organisation that might seek to work with, alongside, or under the regulatory orbit of the Council itself. We therefore recommended that there should be a stringent test for agreeing to appoint Councillors to outside bodies. Criteria should include whether there is a clear advantage to the Council and/or the public interest in making such an appointment; whether the objectives of the Council and the organisation in question are aligned; and whether there is complete clarity about the role of the appointee and why it is desirable that that person is an elected member. We welcome the new policy the Council has produced to support this aspect of its work.

Independent Grenfell Recovery Taskforce

The Ethics Panel met the Taskforce in November to discuss the details of observations made in their fourth report about standards of member conduct. As a result, we have begun to consider what wider contribution we can make to support change at the council and the ongoing recovery effort in the borough.

We have therefore undertaken to attend more Council meetings during 2020 to understand the ongoing dynamics of the Council’s relationship with its communities. We also intend to consider in more detail training and development for elected members.

The Taskforce spoke to us about the challenges the whole organisation faces in changing its culture in the aftermath of Grenfell. We think it would be helpful for us to play a greater role in advising the Council on ethical concerns that might be relevant to organisational change, and have asked the Chief Executive to advise us on how this might be done

Conclusion

Over the eighteen months the Panel has been in operation our approach has matured. We have broadened our areas of interest, to ensure that we not only provide independent assurances about the strength of the local standards regime, but also give the Council advice, guidance and challenge across other areas where there may be ethical considerations and dilemmas. Our aim is to be a resource for both Council and community. We are eager to hear from residents, officers and councillors about areas where they think we can be of assistance.

The Independent Ethics Panel

Revd Ijeoma Ajibade

Johanna Holmes

Shajad Hussain

Who are the Members of the Panel?

Panel Members are appointed by the Council as Independent Persons under the terms of the Localism Act 2011.

The current Panel Members are:

• The Revd Ije Ajibade
• Mr Shajad Hussain
• Mr Mark Jarvis

Further reading:

Independent Ethics Panel - Terms of Reference

1. Purpose
   1. To act independently to advise the Council on matters of ethics and ethical conduct and to exercise the functions of the statutorily appointed Independent Persons under the Localism Act 2011.
       
2. Responsibilities
   1. To advise the Council on the best practice to promote and maintain high standards of conduct by the Members and Co-opted Members of the Council.
   2. To advise the Council on the adoption or revision of a Members’ Code of Conduct.
   3. To advise the Council on the adoption or revision of the arrangements for dealing with complaints alleging a breach of the Members’ Code of Conduct.
   4. To advise whether a complaint should be investigated.
   5. To make recommendations to be taken into account by the Audit and Transparency Committee before it takes a decision on a complaint which has been investigated.
   6. To advise the Council on matters relating to ethics and ethical conduct, anticipate ethical challenges and foster good practice.
   7. To make relevant recommendations on these matters to the Chief Executive and Monitoring Officer.
   8. To give regular updates on the work of the Panel to the Chief Executive, Monitoring Officer, Administration Committee and full Council.
       
3. Membership and Operation
   1. The Panel will be constituted of three Independent People appointed by the Council in accordance with the Localism Act 2011.
   2. As far as possible, membership of the Panel will ensure it has the following skills and experience:
      
      • knowledge of local government;
      • legal expertise;
      • experience of ethics and ethical judgements;
      • accountability to the public; and
      • professional or personal connection to Kensington & Chelsea.
      
      
   3. The Localism Act prohibits any person who within the last five years has been a Member, co-opted Member or officer of the Council, from being appointed as the Independent Person who has the statutory role of giving views on any complaint about the conduct of a Member of the authority.
   4. Section 28(8)(a) of Act also stipulates that person is not independent (and cannot therefore be considered for appointment) if the person is:
      • a member, co-opted member or officer of the authority,
      • a member, co-opted member or officer of a parish council of which the authority is the principal authority, or
      • a relative, or close friend, of a person within sub-paragraph (i) or (ii).
   5. Members of the Panel will be remunerated at the rate of £300 per day for a minimum of four days’ work per year.
   6. The Panel, once established, will advise on its mode of operation. Meetings of the Panel will be chaired on a rotating basis by one of the three Panel members.

Proposed Changes to Ethical Governance

The Royal Borough Of Kensington And Chelsea Administration Committee –11 June 2018 Report Of The Chief Executive And The Monitoring Officer Proposed Changes To Ethical Governance

This report recommends changes to the Members’ Code of Conduct and to the  arrangements for dealing with complaints alleging breaches of the code and proposes the establishment of an independent ethics panel. The report also recommends changes to the Member/Officer Protocol.

For Decision

1. Introduction
   1. At its meeting on 16 May 2018 the Administration Committee agreed with our proposal to carry out a review of ethical governance in the Council, including the Members Code of Conduct and the arrangements for dealing with complaints that members have breached the Code.
   2. In the aftermath of the Grenfell Tower fire tragedy, the Committee acknowledged that the Council needs to ensure that it attains the highest ethical standards in its governance and management.
   3. This means that the Council expects elected members and Council officers to display the highest standards of ethical conduct over and above adherence to the seven Nolan principles of conduct in public life.
   4. We owe a special duty to those who are bereaved and/or who survived the Grenfell Tower fire tragedy. In 2017, the Council formally agreed to adopt the principles set out in Bishop James Jones’ Hillsborough Charter for Families Bereaved through Public Tragedy. The Council has committed to, amongst other objectives, treating people with respect and courtesy, and being open and accountable. Adhering to the best possible ethical standards will help us live up to these commitments.
   5. The proposals in this report aim to make emphatically clear the high standards of conduct expected from members, and to strengthen the credibility and independence of arrangements for adjudicating on complaints when those standards are not felt to have been met. They also make clearer the distinctive roles of officers and members.
   6. These changes contribute to the Council’s response to the review by the Centre for Public Scrutiny (CfPS). Their report Change at the Council identified twelve principles which it encouraged the council to incorporate into its codes of conduct.
   7. This report recommends
      
      •  Changes to the Members Code of Conduct
      •  Changes to the Arrangements for dealing with complaints that Members have breached the Code of Conduct including the reference of complaints to an independent Ethics Panel
      •  The establishment of an Ethics Panel to advise the Council on best practice and to provide advice on complaints
      •  Changes to the Protocol on Member/Officer Relations to clarify the roles of and the relationships between members and officers.
       
   8. The above changes are part of a number of proposals to strengthen ethical governance at the Council. For example, the Committee will be asked in July to approve amendments to the “Code of Conduct protocol for councillors involved in planning matters”. The Officers’ Code of Conduct is also being reviewed by the Council’s Human Resources department.
   9. A full response to the CfPS report in respect of the way the council makes decisions will be considered by Leadership Team in July.
   10. Officers have consulted with the Council’s current Independent Person in developing these proposals and revising the Members Code of Conduct.
2. Proposed Changes to the Members’ Code of Conduct Code
   1. The Council has a duty under the Localism Act 2011 to promote and maintain high standards of conduct by members. In discharging this duty, the Council must adopt a code of conduct, consistent with the “Nolan Principles” ie the Seven Principles of Conduct in Public Life, dealing with the conduct that is expected of members and co-opted members when they are acting in that capacity.
   2. The Council’s code of conduct was first adopted by the Council in July 2012. Our proposed amended Code can be found at Appendix 1 to this report.
   3. The most significant amendments are to;
      
      • Require members to treat people with respect, paying particular attention to the commitments of the Charter for Families Bereaved through Public Tragedy.
      • Recognise that members are expected to have a continual dialogue with residents to understand their needs and views.
      • Clarify when the requirements of the Code apply.
      • Include the Seven Principles of Conduct in Public Life (in their original form) in an Appendix to the Code.
      • Require members not to conduct themselves in a manner which is likely to bring the Council into disrepute.
      • Require members to promote equality and to not unlawfully discriminate against any person.
      • Require members to notify the Monitoring Officer of any offers of gifts or hospitality, either accepted or declined, with an estimated value of at least £20 (the current Code provides for any gifts and hospitality accepted and with an estimated value of at least £50 to be declared)
       
   4. The amendments are consistent with the following principles recommended in Change at the Council: connecting with residents; listening to every voice; acting with integrity; being clearly accountable.
3. Proposed Changes to Arrangements for dealing with Complaints and the establishment of an Ethics Panel
   1. The Localism Act 2011 requires the Council to put in place arrangements under which any complaints that members have breached the Code of Conduct can be investigated. The Council must appoint at least one Independent Person whose views must be sought and taken into account by the Council before makes a decision on a complaint which it has decided to investigate.
   2. Under the currently adopted arrangements, complaints can be settled informally by, for example, an apology by the member who is the subject of the complaint. Complaints which are investigated, and where the investigating officer concludes that there is evidence of the breach of the Code, are formally considered by the Audit and Transparency Committee which will take into account the views of the currently appointed Independent Person.
   3. To further demonstrate our commitment to the highest ethical standards, we propose that the Council sets up and appoints an Independent Ethics Panel, made up of three Independent Persons appointed under the Act. This Panel will carry out the statutory role in relation to complaints, specifically:
      
      • advising the Council on the best practice to promote and maintain high standards of conduct by the Members and Co-opted Members of the Council.
      • advising the Council on the adoption or revision of a Members’ Code of Conduct.
      • advising the Council on the adoption or revision of the arrangements
      • for dealing with complaints alleging a breach of the Members’ Code of Conduct.
      • advising whether a complaint should be investigated
      • making recommendations to be taken into account by the Audit and Transparency Committee before it takes a decision on a complaint which has been investigated.
      
      
   4. We also propose that the panel should have a wider remit to advise the Council on matters relating to ethics and ethical conduct, anticipate ethical challenges and foster good practice.
   5. Our proposed terms of reference for the Ethics Panel are set out in Appendix 2.
   6. We propose that the option, in appropriate circumstances, for complaints to be dealt with quickly and informally by the Monitoring Officer, following consultation with an Independent Person or the Ethics Panel, remains.
   7. Members of the Panel will be appointed through an open recruitment process in line with the current job description and person specification for the Independent Person.
   8. The Council currently pays the Independent Person an allowance of £500 a year. We propose remunerating members of the Panel with an allowance of £300 per day, anticipating a minimum of four days’ work per year.
      
4. Protocol on Member/Officer Relations
   1. The Protocol on Member/Officer Relations is contained in the Council’s Constitution. Its purpose is to make clear the respective roles and responsibilities of members and officers so that residents and others in the Borough are best served.
   2. This protocol has been amended to make clearer the distinction between the democratic responsibilities of members and the operational and managerial roles of officers. It sets out what officers and members should expect from each other and how they should forge a positive working relationship. A fully revised version can be found at Appendix 3.
   3. It also adds some detail on how decisions are made and the particular roles of officers and Members in preparing reports, giving and receiving briefings, and making decisions.
   4. The CfPS review specifically recommended that the Council “clarify the different roles of officers and members in the decision-making process”.
      
5. Financial Implications
   1. The Council currently pays the Independent Person an allowance of £500 a year. These costs are included in the Council’s revenue budget. If the proposals in this report are agreed, allowances will increase to a minimum of £1,200 per year per panel member. Based on three panel members, as set out in the report, costs are expected to be £3,600 per year. These additional costs can be funded from an existing corporate budget and contained within the existing revenue budget.
      
6. Equality Implications
   1. The Council when taking decisions in relation to any of its functions must comply with its public sector equality duty as set out in s149 of the Equality Act 2010. The changes we propose in this report will, in our view, have a positive impact by strengthening the ethical governance of the Council and its interaction with and understanding of the communities it serves.
   2. The appointments to the Ethics Panel will be advertised in accordance with the provisions in the Localism Act 2011 and the recommendations for appointments made following the consideration of appropriate and relevant selection criteria.
      
7. Recommendations
   1. The Administration Committee is asked to recommend that the Council:
      
      a) Adopt the revised Members’ Code of Conduct;
      b) Agree that the arrangements for dealing with complaints are amended by the introduction of an independent Ethics Panel;
      c) Agree the terms of reference and membership of the Ethics Panel;
      d) Agree the proposed allowance for the Independent Persons;
      e) Adopt the revised Member/Officer Protocol; and
      f) Delegate the authority to the Monitoring Officer to make any necessary consequential or incidental changes to the documents to be approved by Council or to the Constitution to ensure that the approved ethical governance arrangements work coherently together.

Barry Quirk
Chief Executive

LeVerne Parker
Monitoring Officer
 

Background Papers – None

Contact Officer – LeVerne Parker Chief Solicitor and Monitoring Officer 020 7361 2180