Decision notice: The MPA's Assessment Sub-committee meeting of 12 April 2010

Decision: No Action

The Assessment Sub-committee decided unanimously that no action should be taken on the complaint.

MPA Case Reference: March 01/10

Complaint

On 12 April 2010 the Assessment Sub-committee of the MPA’s Standards Committee convened in private and considered a complaint from Mr Martin Hewstone, a member of the public, against Dee Doocey, a member of the MPA.

Set out below is a brief and general summary of the complaint:

The complainant complained that Dee Doocey failed to respond to an email from him, and therefore has not addressed his concerns about CPP and SNT meetings.

Reasons for decision

The Assessment Sub-committee carefully considered all correspondence from the Complainant, relevant guidance from Standards for England, and the following paragraphs of the MPA’s Code of Conduct:

• Paragraph 1(2) “You should read this Code together with the general principles.. [as set out on page 1 and 2 of the Code of Conduct]”
• Paragraph 2(1) – Scope - “you must comply with this Code whenever you (a) conduct the business of the Authority (which, in this Code, includes the business of the office to which you are elected or appointed); or (b) act, claim to act or give the impression you are acting as a representative of the Authority and references to your official capacity are construed accordingly.”
• Paragraph 3 (1) – You must treat others with respect
• Paragraph 5 – You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute
• Paragraph 6 – You (a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage.

In respect of the first element of the complaint:

• That Dee Doocey had failed to respond to his email

The Assessment Sub-committee decided that the complainant had written to Dee Doocey in her capacity as a Member of the MPA, as the complaint had been sent to MPA Member Services to forward to her, and he was writing to her in her capacity as MPA link member to the London Borough of Richmond. Therefore Dee Doocey was required to comply with the MPA’s Code of Conduct.

The Assessment Sub-committee decided, however, that Dee Doocey’s conduct did not breach the MPA’s Code of Conduct.

As a matter of principle, the Assessment Sub-committee considered that it was only likely to be in exceptional circumstances, that a Member’s failure to respond to correspondence could amount to a breach of paragraph 3 (1) of the Code. Applying this test in the context and circumstances of the information before it on this case, the Assessment Sub-committee did not consider that a one-off failure to reply amounted to exceptional circumstances, and therefore this did not amount to a breach of paragraph 3 (1) of the Code.

With regard to the second element of the complaint, the Assessment Sub-committee then considered the content of the email that it is alleged that Dee Doocey did not respond to. It considered that on the assumption that Dee Doocey had been forwarded this email, that her failure to take action as alleged by the complainant also did not amount to a breach of the Code of Conduct, because there was no evidence to show that this allegation was serious enough for her to intervene, and therefore any failure to do so was a breach of the Code. Therefore the Assessment Sub-committee concluded that Dee Doocey’s conduct did not breach the Authority’s Code of Conduct.

In all the facts and circumstances of this complaint, the Assessment Sub-committee concluded therefore that Dee Doocey did not breach the MPA’s Code of Conduct.

Confidentiality and publication

The complainant, Mr Hewstone, did not request that his identity and a summary of his complaint be withheld from Dee Doocey, and taking into account the public interest and whether any such disclosure would prejudice any investigation, the MPA’s Assessment Sub-committee decided that these details should be provided to Dee Doocey.

This Decision Notice has been sent to the Complainant, Mr Hewstone, and Dee Doocey and will be published by the MPA for a period of six years.

Composition of the Assessment Sub-committee

Throughout its meeting, the MPA’s Assessment Sub-committee was composed of the following members:

• Stephanie Caplan (Independent Member of the Standards Committee and Chair for the meeting)
• Christopher Boothman (Independent Member)
• Toby Harris (Independent Member)

Date: 16 April 2010

Signed by

Stephanie Caplan
Chair of the Standards Committee

Helen Sargeant
Monitoring Officer of the Metropolitan Police Authority

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