Great Bedwyn Parish Councillor breached standards code over ‘vexatious’ claim

A complaint by Bedwyn resident Mrs Jan Thornton has led to Parish Councillor Roger Durie being found in breach of the standards code. The Wiltshire Council Standards Sub-committee Hearing said he should not have allowed a motion to be put that named Mrs Thornton as ‘vexatious’.

The Hearing was held in Marlborough Town Hall on March 11 and the minutes with the Sub-Committee’s decision have now been published.

Mrs Thornton had complained that Mr Durie should not have allowed the motion naming her under the Parish Council’s Vexatious Complaints Policy to be discussed and voted on while public and press were present. She had found the actions of the Parish Council and Mr Durie to be “humiliating, inappropriate and excessive”.

The Sub-committee said that the motion was contrary to the Parish Council’s policy, was not on the agenda and was therefore contrary to standing orders and should not have been accepted as a valid motion.  The Sub-Committee Chairman made it clear that the Hearing was ruling not on whether “Mrs Thornton was in fact vexatious, but on whether the motion should have been allowed.”

The decision added that the Parish Council Chairperson is under an obligation to follow the required procedures: “By failing to do so the meeting was conducted in a way whereby a member of the public was subjected to adverse comments without any opportunity for reply and was not availed of due process under the Parish Council’s vexatious complaint policy.”

This matter arose following Mrs Thornton’s attempts to get the Parish Council to take action on the random parking in the vicinity of Bedwyn railway station which often blocks dropped kerbs and access to homes of The Knapp’s social housing.  The word ‘parking’ does not appear in the minutes of the Hearing.

The Investigating Officer in the case referred to a relevant case from Durham County Council which had stressed “…the effect on an individual who is subjected to disrespect as a result of procedural oversight.”

The problem is that the substance of the motion remains on the record.  Bedwyn Parish Council minutes are displayed on two village notice boards and are available online.

The Hearing ruled that Mr Durie had breached the standards code on two counts: “You must treat others with respect” and “You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.”

The Sub-committee’s recommendation said that “the Monitoring Officer for Wiltshire Council will conduct a training session for all members of Great Bedwyn Parish Council.”  It also suggested that Mr Durie “may wish to provide Mrs Thornton with an apology” – but realised that this could not form part of the Hearing’s ruling as it is not one of the “permitted sanctions that can be recommended.”

Marlborough News Online understands that following the Hearing Mr Durie has received support from a number of residents.

Mrs Thornton told Marlborough News Online: “I’m pleased it’s over. Taking your Parish Council Chairman to a hearing before the Standards Sub-Committee was a very daunting process.”

“I’ve been encouraged by friends to set up a blog (Bedwyn Blogger) to put over our arguments about the parking problem and how it’s been handled.  Much of it is humourous – but there’s a serious message.”