The complaints have now been processed and we reproduce NNDC’s decisions below.
NORTH NORFOLK DISTRICT COUNCIL
LOCAL ASSESSMENT
MONITORING OFFICER INTIAL ASSESSMENT
DECISION NOTICE
SUBJECT MEMBER; Cllr Paul Godfrey
COMPLAINANT; Mrs Laura Osborne, Mr Adam Pitchford, Mrs Fiona Priest, Mr Jonathan Barnes, Cllr Francis Blundell, Mr Sam Cutmore-Scott, Lady Louise Goodenough
The Complainant alleges that:
In February 2023 Lanpro Services, a property consultancy, published a proposal on behalf of Glavenhill Strategic Land for a housing development in Langham: https://www.lanproservices.co.uk/langhamAs a member of the public and a local resident, I wish to complain about breaches of the Localism Act, 2011, by Langham Parish Council, as follows:1. The Parish Council has not published its Register of Interests on its website: https://www.langhamnorfolk.com/documents2. The Chair, Mr Paul Godfrey, and the Vice Chair, Mr Patrick Allen, have not returned the forms necessary for their interests to be added to the Register of Interests published by NNDC.3. Mr Allen is the landowner behind the Lanpro proposal, to which he must have been party much longer than 28 days ago. His involvement amounts to a new pecuniary interest.If the Lanpro proposal came to fruition, Mr Allen’s profit would be considerable. I submit that his offence is sufficiently grave that the matter should be referred beyond NNDC.
RELEVANT PARTS OF THE CODE OF CONDUCT
Langham Parish Council has adopted a Code of Conduct for Members which contains the following principles;
SELFLESSNESS: Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.
INTEGRITY: Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.
OBJECTIVITY: In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
ACCOUNTABILITY: Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
OPENNESS: Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
HONESTY: Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
LEADERSHIP: Holders of public office should promote and support these principles by leadership and example.
OTHER INFORMATION OBTAINED
The Subject Member states as follows:
Further to your undated letters which I received on Tuesday 16th May, along with a number of complaints regarding register of interests, I write to explain the situation.
The complaints against me are noted as ;
1. The Parish Council has not published its Register of Interests on its website:
https://www.langhamnorfolk.com/documents
2 . The Chair, Mr Paul Godfrey, and the Vice Chair, Mr Patrick Allen, have not returned the forms necessary for their interests to be added to the Register of Interests published by NNDC
I am not aware that Parish Councils have to publish Register of Interests on its website, if this is a requirement then a number of parish councils are also failing in this regard. Maybe NNDC should provide a guide to parish councils regarding website content requirements.
I was co-opted onto the Langham Parish council in 2019, and attended my first meeting (as noted in the attached minutes) on the 14th May as a new member, and was welcomed to the Parish Council by the Chair. I completed the necessary forms presented to me before to the meeting. Prior to this I had never been a parish councillor and I can not recall the form titles. I can only assume one of these would have been Register of Interest, I understand from the Parish Clerk Kevin Webb these would have been returned to NNDC.
On the NNDC website a search of Langham Parish Councillors’ register of interests lists the interests of five Parish Councillors all of whom have been co-opted onto the council in the last 18 months. Mr Allen and I are the only members of the Council that were on the Council May 2019.
Having just been re-elected onto the Parish Council at the 4th May elections, I went onto the NNDC website and registered my interests following an email from Emma Denny forwarded by our clerk on the 2nd May via the online platform. I have had no acknowledgement from the NNDC that they have received my form.
I believe this issue has blown up following a village consultation over a possible development on 4 acres of land that is owned by Mr Allen in the centre of the village. This public consultation took place on the 7th March. This was followed by a Parish Council meeting, the minutes noted; A mixture of views were apparent.
As hopefully you can see from my Register of interest, I have no interest other than my home 6 The Cornfield, Langham which we bought in 2015 and I have lived here full time since my retirement in December 2018.
I trust the above information enables you to establish that I have acted with integrity in relation to parish council matters. If you do require any further clarification or information then please do not hesitate to contact me.
MONITORING OFFICER ASSESSMENT
For complaints to be considered under this standards regime, they must be against a named Councillor (s27 of Localism Act 2011); accordingly, there is no jurisdiction to consider complaints against the whole Council.
By way of information, the establishment, keeping and publishing of parish council’s register of interests falls to the Monitoring Officer of the Principal Authority, in this case North Norfolk District Council (s 29(4) of the Localism Act 2011). However, where a parish council has a website, it too must publish the register on its website (s29 (7) of the Localism Act 2011).
It is strongly advised that Langham Parish Council arrange for the register of members and co-opted members’ interests to be published on their website.
The law requires (the Localism Act 2011 together with the Relevant Authorities (Disclosable Pecuniary Interests) regulations 2012) establishes those pecuniary interests which must be disclosed by members taking office. Members must, within 28 days of their becoming a member (or when re-elected and co-opted re-appointed) notify the monitoring officer of any disclosable pecuniary interests which have not already been entered on the register of interests. By way of clarification, that interest includes interests of their partner/spouse (or equivalent co-habitant). Section 34 of the Localism Act 2011 makes it a criminal offence to fail, without reasonable excuse, to register or declare disclosable pecuniary interests, the consequences of which are an unlimited fine and/or disqualification from holding office for up to five years. That said, North Norfolk District Council it is not responsible for either investigating or prosecuting any breach, this being a matter for the police and CPS respectively, nor does it have any obligation to report the same to the police but makes every effort to encourage compliance.
However, given the Localism Act 2011 requires reference in an authority’s Code of Conduct to the registration and declaration of pecuniary and other interests, it is likely that the Langham Parish Council Code of Conduct will contain provisions for a member to fail to disclose their pecuniary interests (although I cannot say for any certainty at this stage since this is not published on their website).
Having interrogated the principal Council’s records (electronic and paper files), whilst I am able to confirm that Mr Godfrey has registered his pecuniary interests since his re-appointment, there are no records dating back to his being co-opted in May 2019. However, I would note that the absence of such records, although persuasive, does not categorically mean that the Subject member did not, or did not at least try, to register his interests.
I note that Mr Godfrey says he completed several forms presented to him, and whilst he cannot recall the titles of the forms (his being a newly co-opted member at that time), assumes that one would have been to register his pecuniary interests, and that it is his understanding this should have been forwarded to NNDC by the Parish Clerk. It is, however, the member’s responsibility to register his interests; the purpose being to ensure so far as is possible that there is transparency and that members act and are seen to act fairly and in the interest of their constituents.
On the face of it, it appears that the failure to register his interests would likely amount to a breach of the Langham Code of Conduct. That said, I note the mitigation offered by the Subject Member, that his interests extend only to his home in Langham, the lack of any harm arising from the lack of registration, that there is no evidence that such a failure has arisen from any deliberate attempt to gain an advantage, that those interests are now appropriately registered, and further acknowledge that there is a specific alternative route for action to be taken as may be necessary. All things considered, I am not of the view that this matter merits the time and cost of further action by the Council, other than reminding Mr Godfrey of the importance of registering his interests and the potential consequences of failing to do so.
To that end, I would simply remind Mr Godfrey and the Parish Council that the legislation places the onus on individual members to register their interests with North Norfolk District Council rather than any other person
DECISION
No further action, save for the following recommendations:
- Langham Parish Council publish its register of interests on its website in compliance with the Localism Act 2011.
- Langham Parish Council publish its Code of Conduct on its website.
- Members are reminded that the onus is on them to register their pecuniary interests with North Norfolk District Council and to make appropriate checks that this has been received.
JO FURNER
PRINCIPAL LAWYER AND DEPUTY MONITORING OFFICER
Date: 8 June 2023
PLEASE NOTE THAT THERE IS NO PROVISION FOR APPEAL AGAINST THIS DECISION
NORTH NORFOLK DISTRICT COUNCIL
LOCAL ASSESSMENT
MONITORING OFFICER INTIAL ASSESSMENT
DECISION NOTICE
SUBJECT MEMBER; Cllr Patrick Allen
COMPLAINANT; Mrs Laura Osborne, Mr Adam Pitchford, Mrs Fiona Priest, Mr Jonathan Barnes, Cllr Francis Blundell, Mr Sam Cutmore-Scott, Lady Louise Goodenough
The Complainant alleges that:
In February 2023 Lanpro Services, a property consultancy, published a proposal on behalf of Glavenhill Strategic Land for a housing development in Langham: https://www.lanproservices.co.uk/langhamAs a member of the public and a local resident, I wish to complain about breaches of the Localism Act, 2011, by Langham Parish Council, as follows:1. The Parish Council has not published its Register of Interests on its website: https://www.langhamnorfolk.com/documents2. The Chair, Mr Paul Godfrey, and the Vice Chair, Mr Patrick Allen, have not returned the forms necessary for their interests to be added to the Register of Interests published by NNDC.3. Mr Allen is the landowner behind the Lanpro proposal, to which he must have been party much longer than 28 days ago. His involvement amounts to a new pecuniary interest.If the Lanpro proposal came to fruition, Mr Allen’s profit would be considerable. I submit that his offence is sufficiently grave that the matter should be referred beyond NNDC.
RELEVANT PARTS OF THE CODE OF CONDUCT
Langham Parish Council has adopted a Code of Conduct for Members which contains the following principles;
SELFLESSNESS: Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.
INTEGRITY: Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.
OBJECTIVITY: In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
ACCOUNTABILITY: Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
OPENNESS: Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
HONESTY: Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
LEADERSHIP: Holders of public office should promote and support these principles by leadership and example.
OTHER INFORMATION OBTAINED
The Subject Member states as follows:
Further to your undated letters which I received on Monday 15th May, along with a number of complaints regarding my register of interests, I write to explain the situation and vigorously defend myself.
I should point out that I have tried to contact Ms Hannah Brown but have had no reply to two emails, so I have been unable to seek any advice from an independent person – Charles Monteith is unable to advise me as he is a friend.
I have lived in Langham all my – nearly 70 years. I have owned and farmed about 200 acres of land in the Parish of Langham for the past 40 years.
I have been a Parish Councillor for the past 26 years, including 10 years as Chair. I think it would be fair to say that most people living in Langham would be aware of these facts. At no stage have I tried to hide my involvement with land in the Parish.
On the NNDC website a search of Langham Parish Councillors’ register of interests lists the interests of five Parish Councillors all of whom have been co-opted onto the council in the last 18 months. Mr Godfrey and I are the only members of the Council that were on the Council at the last election in May 2019. I believe that I completed my register at that time, as I had done every four years previous.
Having just been re-elected onto the Parish Council at the 4th May elections, I duly went onto the NNDC website and registered my interests on the 8th May via the online platform now required. I have had no acknowledgement from the NNDC that they have received my form, however I have had confirmation from Emma Denny at NNDC that it has been received, but that it will take a couple of weeks to be uploaded on the Council’s website.
I should explain that this has all blown up as I, and my advisers, have been consulting with the village over a possible development on 4 acres of land that I and my wife own in the centre of the village. Documentary evidence will prove that this was first raised at a Parish Council meeting on the 14th November 2022, as item 11 on the Agenda, and that I “declared an interest as owner of the land”
On the 7th March my firm of advisers, Glavenhill, held a public consultation in the Village Hall. Between 100 – 150 people attended. This was followed by a Parish Council meeting where it is documented that I again “reiterated my involvement in the land”.
I attach copies of the minutes of those meetings.
I again stress that at no time have I tried to hide my ownership of the land, or any other interests in the village.
I view these complaints as simply an attack on my integrity. My service and commitment to the village is there for all who wish to see. These complaints are made by a few who oppose any form of development in the village.
MONITORING OFFICER ASSESSMENT
For complaints to be considered under this standards regime, they must be against a named Councillor (s27 of Localism Act 2011); accordingly, there is no jurisdiction to consider complaints against the whole Council.
By way of information, the establishment, keeping and publishing of parish council’s register of interests falls to the Monitoring Officer of the Principal Authority, in this case North Norfolk District Council (s 29(4) of the Localism Act 2011). However, where a parish council has a website, it too must publish the register on its website (s29 (7) of the Localism Act 2011).
It is strongly advised that Langham Parish Council arrange for the register of members and co-opted members’ interests to be published on their website.
The law requires (The Localism Act 2011 together with the Relevant Authorities (Disclosable Pecuniary Interests) regulations 2012) establishes those pecuniary interests which must be disclosed by members taking office. Members must, within 28 days of their becoming a member (or when re-elected and co-opted re-appointed) notify the monitoring officer of any disclosable pecuniary interests which have not already been entered on the register of interests. By way of clarification, that interest includes interests of their partner/spouse (or equivalent co-habitant).
However, given the Localism Act 2011 requires reference in an authority’s Code of Conduct to the registration and declaration of pecuniary and other interests, it is likely that the Langham Parish Council Code of Conduct will contain provisions for a member to fail to disclose their pecuniary interests (although I cannot say for any certainty at this stage since this is not published on their website).
Having interrogated the Principal Council’s records (electronic and paper files), whilst I am able to confirm that Mr Allen has registered his pecuniary interests since his re- election/appointment, there are no records to indicate he did so previously. He has indicated he did so, however, the absence of such records, although persuasive, does not categorically mean that the Subject member did not, or did not at least try, to register his interests.
On the face of it, a failure to register his interests would likely amount to a breach of the Langham Code of Conduct. Furthermore, this particular scenario does involve a potentially undeclared pecuniary interest and a potential development of the same, which, if it were to go ahead, could result in a substantial financial gain by the Subject Member.
That said, I note that he has owned and farmed land in the Parish of Langham for some 40 years and has made no attempt to hide this, and says he has registered such interests every 4 years for the 26 years he has been a member of Langham Parish Council. I have also
reviewed the minutes of the parish council meeting of 14 November 2022 when the potential development was first raised and the minutes from the parish Council meeting of 7 March 2023 which immediately followed a public consultation regarding the potential development and note that the Subject Member declared his interest as owner and/or as having partial control of the land. It does not appear to me these are the actions of someone who is deliberately attempting to gain an advantage by not registering his interest in the land.
I further note that the potential development is in its early stages, with no decision as to whether to support or not support planning application for the same as yet. The Subject Member’s interests are now appropriately registered. Whilst, there is an issue of perception in the Subject Member’s alleged failure to register his interests, I am also mindful that there is a specific alternative route for action to be taken for the Subject Member’s failure to declare his interests, as may be necessary. All things considered, I am not of the view that this matter merits the time and cost of further action by the Council, other than to remind the Subject Member, and indeed all Councillors, in the interests of transparency and accountability, that it is imperative that pecuniary interests are appropriately registered in line with the legal requirements, and that the onus to do so lies with the individual member. This is all the more important where a member’s pecuniary interests go beyond that of owning their home in the parish concerned.
DECISION
No further action, save for the following recommendations:
- Langham Parish Council publish its register of interests on its website in compliance with the Localism Act 2011.
- Langham Parish Council publish its Code of Conduct on its website.
- Members are reminded that the onus is on them to register their pecuniary interests with North Norfolk District Council and to make appropriate checks that this has been received.
JO FURNER
PRINCIPAL LAWYER AND DEPUTY MONITORING OFFICER
Date: 8 June 2023
PLEASE NOTE THAT THERE IS NO PROVISION FOR APPEAL AGAINST THIS DECISION
We should like to make it very clear that our complaints were not intended to impugn the character of either Mr Godfrey or Mr Allen. Rather, they were made to ensure that the law of the land was being followed by our representatives, particularly in such a sensitive matter as a development that could alter the face of the village.
We should also make it clear that we are not opposed to any form of development in the village, merely to a development such as the one concerned, which in our view is completely unsuitable.
