Unease at 'rubber-stamping' unseen bullying report

Nick Kemp, who was cleared of breaching the council's code of conduct, had always denied bullying allegations

Councillors have said they felt uneasy over being asked to "rubber-stamp" a report into a bullying investigation they had not read.

Last month, former Newcastle Council leader Nick Kemp was cleared of breaching a code of conduct in his treatment of Michelle Percy, who made a complaint while working as director of investment and growth.

At a meeting of the council's audit and standards committee earlier, Liberal Democrat councillor Greg Stone said he was happy to "draw a line" under the matter but was uncomfortable approving a process he had not been involved in.

The Labour-led local authority previously said those involved had a "right to privacy" and the report "should remain confidential".

External law firm Bevan Brittan LLP, which looked into the complaint, concluded "more could have been done" to "defuse the situation".

Seen by the Local Democracy Reporting Service, the report concluded Kemp did not breach the code of conduct, in the context of the "enhanced protection" under Article 10 of the European Convention on Human Rights in relation to freedom of expression in a political context.

However, it said the judgement was "not to be taken as a finding that the councillor's behaviour was always acceptable" and that he could have "conducted himself in a less confrontational and aggressive manner at times".

'Fair to all'

The audit and standards committee's independent chairman, Les Watson, agreed to arrange a further meeting to see what lessons could be learnt from the process.

He said: "The length of time [of the investigation] must have had a detrimental effect on people involved.

"We have to look at alternatives to this while still ensuring the process is fair to all involved."

Kemp resigned as leader days after it was reported that he was the subject of a bullying complaint last September.

The Byker councillor, who later quit the Labour Party to represent the East End and Associates Independents, consistently denied any wrongdoing.

Ms Percy left her role in the summer.

Request for redacted report

Stone told the meeting: "We're happy to draw a line under it, but it raises issues with governance of the council that the committee needs to look at.

"We're not comfortable with being asked to rubber-stamp a process we haven't been involved in and a report we haven't seen.

"We are not entirely satisfied with the position that we have been placed in."

Addressing the council's monitoring officer, fellow Lib Dem councillor Mark Mitchell said: "If we don't have the report we don't have the information that is necessary.

"Are you going to give, at this committee's request, a redacted copy of the findings and overall conclusions?"

John Softly, the council's monitoring officer and assistant director of legal services, said: "The report that has been brought today is within the council's protocol for standards.

"Had there been a finding and a recommendation for the committee to consider, it would have.

"The protocol is clear that the investigation is concluded and the outcome may be reported."

He added no further details from the investigation would be revealed because there had been "no breach of the protocol".