The following Notices of Motion have been received:-
The Council further Notes: -
(a)The report prepared by Malcolm Newsam CBE requested by the Leader of the Council, Councillor Rishi Shori into historic children safeguarding at Bury;
(b) The content of the report dated 1 June 2017 prepared by Charles Bourne QC into disciplinary allegations;
(c)The ongoing dialogue with the Department of Communities of Local Government, OFSTED and KPMG (the Council’s External Auditors) who have raised no concerns about the management/leadership of the Council;
(d)The exceptional work of the Interim Chief Executive and Interim Leadership Team during this difficult period.
The Council resolves to:-
(i) Invite Charles Bourne QC to extend the scope of his independent investigation into the conduct of elected members in relation to the issues highlighted in the Newsam report with the scope of the said investigation to be agreed by the Chair of the Council’s Standards Committee in consultation with the Leaders of the three political groups with the investigation to report back to the Standards Committee by no later than 30 October 2017.
(ii) Implement the outstanding recommendations detailed in the Newsam Report (as set out within the attached action plan) with progress of implementation to be monitored by the Council’s Overview & Scrutiny Committee as a standing agenda item until the completion of all actions.
(iii) To refer the content of the Newsam report to the Chair of the Bury Safeguarding Children’s Board for review and recommendations (where required).
In the names of Councillors Shori, Simpson, Briggs, Kelly, O’Brien, Quinn and Tariq
This Council instructs the Interim Chief Executive and Monitoring Officer to:
1. Authorise the Executive Director of Children, Young People and Culture to implement any outstanding recommendations of Malcolm Newsam CBE in relation to safeguarding and adoption procedures and report back to Full Council in September 2017.
2. Invite the Office for Standards in Education, Children’s Services and Skills (Ofsted) to review and comment upon the findings of Malcolm Newsam CBE.
3. Appoint an independent investigator from outside the Council [whose name shall be agreed by the three Political Group Leaders] who shall consider any breaches by any Member or Officer of this Council of the adopted codes of conduct for both members and officers and any allegations of illegality, maladministration, impropriety, breach of statutory code, Nolan Principles, or any action which has brought this Council and their office into disrepute, and report back to Council within three calendar months the findings of such investigations and any recommendations.”
In the names of Councillors I Bevan, J Daly, M Hankey, K Hussain, G Keeley and R Walker
1 The investigatory process which has been undertaken during 2017 concerning serious events in 2015 which has resulted in the resignation of two senior officers.
2 The professional manner in which officers have stepped-up into acting roles and responsibilities during this period.
Council Resolves:
1 To undertake an all-Party piece of work, involving officers and with outside support as appropriate, to ensure that we have a culture of working at a senior level in the Authority which reflects the highest standards for public office and public service.
2 To ask the Acting Head of Paid Service to initiate and independent review into elected member involvement in this incident in 2015 and consider whether there were any breaches of the Member Code of Conduct and identity any recommended actions through our Standards procedures.
In the names of Councillors D’Albert, Pickstone and S Wright
Minutes:
Three Notices of Motion had been received and set out in the Summons
A motion had been received and set out in the summons in the names of:
Councillors R Shori, A Simpson, K S Briggs, J Kelly, E O’Brien, A Quinn and T Tariq.
It was moved by Councillor Shori and seconded by Councillor Simpson that :-
1. The Council has received a report from the Human Resources and Appeals Panel from its meeting on 19th and 20th June 2017 and has noted the outcome of that process including the resignations without notice of the former Chief Executive and Executive Director for Children, Young People and Culture.
The Council further Notes: -
(a) The report prepared by Malcolm Newsam CBE requested by the Leader of the Council, Councillor Rishi Shori into historic children safeguarding at Bury;
(b) The content of the report dated 1 June 2017 prepared by Charles Bourne QC into disciplinary allegations;
(c) The ongoing dialogue with the Department of Communities of Local Government, OFSTED and KPMG (the Council’s External Auditors) who have raised no concerns about the management/leadership of the Council;
(d) The exceptional work of the Interim Chief Executive and Interim Leadership Team during this difficult period.
The Council resolves to:-
(i) Invite Charles Bourne QC to extend the scope of his independent investigation into the conduct of elected members in relation to the issues highlighted in the Newsam report with the scope of the said investigation to be agreed by the Chair of the Council’s Standards Committee in consultation with the Leaders of the three political groups with the investigation to report back to the Standards Committee by no later than 30 October 2017.
(ii) Implement the outstanding recommendations detailed in the Newsam Report (as set out within the attached action plan) with progress of implementation to be monitored by the Council’s Overview & Scrutiny Committee as a standing agenda item until the completion of all actions.
(iii) To refer the content of the Newsam report to the Chair of the Bury Safeguarding Children’s Board for review and recommendations (where required).
A combined amendment was submitted in the names of:
Councillors R Shori, J Daly and T Pickstone
With the consent of the meeting the motion was duly amended for debate as the substantive motion as follows:
The Council Notes:
(a) The contents of the report by Malcolm Newsam CBE, commissioned at the instruction of the Leader of the Council, Councillor Rishi Shori, into an historic children safeguarding issue in Bury;
(b) The content of the report dated 1 June 2017 prepared by Charles Bourne QC into disciplinary allegations against senior officers;
(c) The ongoing dialogue with the Department of Communities of Local Government, OFSTED and KPMG (the Council’s External Auditors) who have raised no concerns about the interim management/leadership of the Council.
Accordingly this Council resolves to:-
(i) Thank the Interim Chief Executive and the Senior Leadership Team for their exceptional work for the Council and the public during these difficult times.
(ii) Invite Charles Bourne QC, as an independent investigator, to consider the conduct of Members of this Council in relation to the issues identified in the Newsam Report and in particular their compliance with the Council's Code of Conduct for Members, the Nolan Principles and the general law, including relevant statutory codes; and to report back to the Standards Committee within three calendar months with the findings of such investigations and any relevant recommendations.
(iii) Invite Charles Bourne QC, to consider the evidence relating to the conduct of any other officers of the Council and employees of local schools, identified in the Newsam report, and make any relevant recommendations as to any potential disciplinary action which ought to be considered by the Council or the relevant Governing Bodies.
(iv) Invite Charles Bourne QC, to propose any appropriate changes to the Member's Code of Conduct, arising from his investigations.
(v) Implement the remaining recommendations detailed in the Newsam Report as identified in the action plan, with progress of implementation to be reported to the Council’s Overview & Scrutiny Committee as a standing agenda item for its meetings until the completion of all actions.
(vi)Refer the content of the Newsam report to the Chair of the Bury Safeguarding Children’s Board for review.
(vii) Refer the published Newsam and Bourne reports to CIPFA in relation to the conduct of their member, the former Chief Executive of Bury Council.
(viii) Undertake an all-party piece of work, involving Officers and Members, with outside support as appropriate, to ensure that the Council has an appropriate culture of working at senior levels in the Authority, which reflects the highest standards for public office and public service.
On being put with no one voting against and no abstentions the substantive motion was carried unanimously.