Consultant brands Isle of Wight Council “dysfunctional” in governance report

Richard Penn's report, which is to be considered by full council next week (19 November), also warned the unitary that "stakes are high" and "the potential for government intervention is a reality".

The report said the council suffers from "very complex" and "fragmented" politics, recruitment and capacity struggles, as well as poor member/officer relationships.

It noted that staff have previously told the council's statutory officers about member behaviour which "could be construed as bullying/harassment behaviours".

It added: "This includes comments made by some councillors about members of the council's staff in the local press and on social media. There are examples of some councillors openly calling for officers to be disciplined and a call for 'formal investigations' of staff."

This "impacts very negatively" on the council's culture, staff morale and opens the council up to legal risks of employment tribunal or personal injury claims, the report warned.

Penn said he had been told that some officers had decided to look for other work as a result of poor relationships with members.

He also reported that some officers are reluctant to attend meetings with members "for fear that they will be ridiculed or criticised in public".

Some members, meanwhile, claimed that a number of officers are "incompetent", and that their advice should be discounted or ignored.

The report pointed to a recent example in which members disregarded the legal department’s advice over the process for the appointment of the council's current chair.

Penn reported that: "Clear legal advice on the lawfulness of the appointment was given to the full Council meeting.

"This was challenged by a small group of members on numerous occasions including through a query to the editor of Knowles.

"Following this, legal advice was obtained from leading Counsel (a KC) who confirmed the legal advice that had been given at the Council meeting."

"There are occasions when some members claim that they know more based on their own experience and knowledge and they sometimes take their own professional view on technical matters and on occasions refuse to accept officer advice," the report added.

The report, meanwhile, noted that the council has well-written and comprehensive policies and procedures, including its councillors' code of conduct, employees' code of conduct and its councillors' code of conduct complaints procedure.

However, it said: "It appears that these policies and procedures are all too often ignored or forgotten and rarely if ever used to deal with inappropriate behaviour by members."
It expressed concern that the monitoring officer post reports to the Strategic Director of Corporate Services, "which inevitably can lessen his authority when dealing with difficult individuals and situations".

The chief executive has recently initiated a senior management restructure, with plans to designate the Strategic Director of Corporate Services as the council's monitoring officer.

In response to the problems, the statutory officers have already implemented a series of changes, including weekly and formally minuted statutory officer meetings - also known as 'Golden Triangle' meetings - to discuss governance issues.

To further address the problems, Penn's report called on the council to demonstrate to its external auditor, to regulators and to the Government that it is "self-aware, that it understands its failings and that it is being proactive in addressing these failings and that there are clear plans or interventions in place/proposed".

He added: "The stakes are high, and the potential for government intervention is a reality.

"It would only take a significant event - such as the failure at the recent Council meeting for two significant policy issues to be satisfactorily progressed despite clear officer advice and political support from the administration – for the Government to conclude that there is no option but to initiate a Best Value inspection with the inevitable outcome of formal intervention with the associated costs and organisational disruption for at least two years. And all of this is in the context of devolution and LGR."

The report listed a series of recommendations, including a call for a script reminding members of the requirement to abide by the Code of Conduct to be read out at the start of every meeting.

Members should also be reminded that any breaches of the code "will be dealt with swiftly and decisively", it added.

It also recommended a complementary training programme for all council officers to ensure that they are fully aware of what is required of them in their relationships with elected members in line with the clear requirements set out in the Council's Constitution.

A focused induction programme for councillors was also recommended, alongside enhanced support for members, including ongoing training and personal development.

He also said that the operation of the "whole" standards process should be reviewed using best practice from other councils.

Elsewhere, the report called for the implementation of a dedicated standards committee, saying the absence of such a committee was "no longer tenable".

Chief Executive Wendy Perera said: "This report is a moment for reflection and renewal and importantly it is about creating the conditions for change.

"We are grateful to everyone who contributed to the review, and officers and councillors are committed to working constructively to implement the recommendations once approved by Full Council.”

The council’s leader, Cllr Phil Jordan, said: “We fully accept the findings of Richard Penn’s independent review and are going to be acting decisively on every recommendation.

“This report has shone a necessary light on behaviours and relationships that must improve if we are to serve our Island with the integrity and respect our residents expect. The behaviour of a small minority will not define or disrupt and derail our council, nor the services we deliver.”

He said the council’s focus “now has to be” on governance solutions and strengthening member-officer relations.

Cllr Jordan also confirmed that the council is set to consider the introduction of powers to remove councillors from committee membership and attendance “should a newly formed Standards Committee decide it appropriate”.

Adam Carey