Former leader of county fails in bid to challenge harassment finding

A former leader of Devon County Council has been refused permission to challenge a finding that he sexually harassed four staff, as a result of which he was barred from entering most council premises unescorted.

An anonymous complaint in 2017 led to a formal investigation by a QC, who concluded that the allegations were true.

Devon’s standards committee decided that Cllr Greenslade should be allowed to visit council premises only if he gave advance notice and was accompanied by an officer, with the exception of the members' room, ante chamber and council chamber.

Cllr Greenslade issued a claim for judicial review on 10 grounds focussed on the fairness of the procedure, and argued he had been denied a fair hearing in breach of Article 6 of the European Convention on Human Rights and at common law.

Andrews J in November refused permission on nine grounds but gave permission on the question of whether the council had the legal power to exclude him from its premises.

Cllr Greenslade renewed his application at an oral hearing but Jefford J refused it and upheld a costs award to the council.

James Findlay QC and Matt Lewin of Cornerstone Barristers, who represented Devon, said: “The case underlines the freedom allowed to local authorities under the Localism Act 2011 in regulating their own procedures for dealing with complaints against elected members.

“In Devon's case, their complaints procedure provided for anonymity of the complainants and did not allow for an oral hearing before the standards committee. The court held that, when assessed overall, that procedure was not unfair – Cllr Greenslade had the opportunity to answer the complaints in person before an independent QC, and to provide comments on his draft report, as well as being able to make written submissions to the standards committee.”

They added that Andrews J “appeared to accept the council's argument that Article 6 ECHR does not apply to local government standards matters, which are essentially disciplinary in character”.

Cllr Greenslade’s solicitor has been contacted for comment.