ASSESSMENT DECISION NOTICE
NO BREACH OF THE CODE
Reference:
CCN026/13
Complainant:
Mr Jeremy Capper
Subject Member:
Councillor Chris Batters, Cornwall Council
Person conducting
the Assessment:
Simon Mansell – Principal Legal Officer, Corporate
Governance
Date of Assessment:
26 July 2013
Complaint
On 26 July 2013 the Monitoring Officer considered a complaint from Mr Jeremy Capper
concerning the alleged conduct of Councillor Batters of Cornwall Council. A general
summary of the complaint is set out below:
The Complainant has alleged that when planning application PA 13/00625 (the
‘Application’) was discussed at the Eastern Sub Area Planning Committee (the
‘Committee’) on 17 June 2013 Councillor Batters spoke in praise of the Application
and then questioned the Complainant in an aggressive manner.
Decision
For the reasons set out below I find no breach of the Code of Conduct.
Reasons for the Decision
The Complainant has provided sufficient information as part of the complaint and the
circumstances are such as to enable this complaint to be assessed and determined
without seeking out further information or referring the complaint for investigation
and the undertaking of interviews.
In assessing this complaint I have had regard to the following information;


The complaint as made by the Complainant
The views of the Independent Person

Minutes of the Eastern Sub Area Planning Committee dated 17 June 2013.
The Complaint has stated that when the Application was discussed by the Committee
on 17 June 2013; Councillor Batters was predetermined by his comments, which were
made before the vote on the Application took place; and that at the same meeting,
after the Complainant has stated his objections, Councillor Batters questioned him in
an aggressive manner. As a result the Complainant considers that the result of the
meeting should be set aside.
With regards to the allegation that Councillor Batters was predetermined;
predetermination falls outside of the Code of Conduct and as is a civil matter and is
not considered further as part of this assessment.
With regards to the request that because Councillor Batters may have prejudiced the
results of the meeting the decision should be set aside; even if a breach of the Code
of Conduct is found following the determination of a planning application, the Code of
Conduct does not operate in such a way that it will cause the application to be set
aside and this is not considered further as part of this assessment.
Application of the Code of Conduct, in relation to the allegation that Councillor Batters
questioned the Complainant in an aggressive manner.
Failure to treat others with respect.
All complaints made under the ethical standards regime are assessed taking an
objective view of the subjective facts as presented. I have, in assessing this matter,
read the views of both the Complainant and the Independent Person and do not
consider that Councillor Batters has failed to treat the Complainant with respect for
the following reasons.
While the minutes of a meeting are not a verbatim account of what has been said at a
meeting; any aggressive stance adopted during the proceedings would probably be
recorded, as would any intervention by the Chairman. The minutes of the Committee
when the Application was considered do not make mention of any statements or
aggressive stance taken with regards to this matter by Councillor Batters.
Councillor Batters, in seeking the views of the Independent Person has stated that he
was not aggressive and was trying to show that the points raised by the Complainant
were wrong and this included asking for a map to be put on the screen to show the
area concerned.
While it is appreciated that the Complainant has concerns regarding the Application
and the way it was considered; for a breach of the Code of Conduct to be found it has
to be shown, on the balance of probabilities, that it is more likely the breach of the
Code occurred than not. I do not consider that a breach of the Code occurred at the
meeting of the Committee and there are no facts which will substantiate a breach to
meet the required standard
Therefore my findings, taking an objective view of the facts, is that there is no breach
of the Code of Conduct by Councillor Batters in relation to the allegations as made.
What happens now?
This decision notice is sent to the complainant and the member against whom the
allegation has been made.
Right of review
At the written request of the complainant, the Monitoring Officer can review and is
able to change a decision not to refer an allegation for investigation or other action.
To ensure impartiality in the conduct of the review different officers to those involved
in the original decision will undertake the review.
We must receive a written request from the complainant to review this decision within
28 days from the date of this notice, explaining in detail on what grounds the decision
should be reviewed.
If we receive a request for a review, we will write to all the parties mentioned above,
notifying them of the request to review the decision.
Additional help
If you need additional support in relation to this or future contact with us, please let
us know as soon as possible. If you have difficulty reading this notice we can make
reasonable adjustments to assist you, in line with the requirements of the Disability
Discrimination Act 2000.
We can also help if English is not your first language.
SJR Mansell MBE
Principal Legal Officer
On behalf of the Monitoring Officer
Date: 29 July 2013