Appendix 1: Complaint data

Table 1: Complaints previously reported to this Committee (at its September 2023 meeting)

Case No	Date	Status of complaint	If concluded, basis on which decision was taken	Complaint Topic *note see end of Appendix 2 for key	Additional notes
A/2023	Jan/ Feb 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	A	Complainant alleged that member had acted toward them in a way which exhibited prejudice and bias.
C/2023	Jan 2023	Although a decision was taken to refer complaint for formal investigation, it has since been determined without a finding being made.	In the absence of a legal basis for reviewing the conduct complained of against the Code, this complaint was closed.	A	Complainant alleged that member had engaged in conduct contrary to the Code which failed to meet appropriate standards of respect and courtesy.
R2023	July 2023	Determined by decision to take no action at preliminary assessment stage.	Investigation was neither proportionate nor necessary in the public interest to merit referral of complaint for formal investigation.	B	Complainant alleged that the member breached the Code of Conduct at a Council meeting when responding to a public question submitted by the complainant. .
S2023	September 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	A	Complaint against a current elected member alleging that a leaflet to the constituents in their ward breached the expectations of the Code.
T2023	September 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	A	Complainant alleged that the member had been insufficiently responsive to the complainant’s requests for information/ input about a local issue.
U2023	September 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	A	Complaint against two current elected members of the same ward alleging that they had both failed to respond to concerns about a ward issue articulated via email.

Table 2: Complaints received in since September 2023

Case No	Date	Status of complaint	If concluded, basis on which decision was taken	Complaint Topic	Additional notes
V2023	November 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	A	Complaint against member alleging failure to respond to concerns about a ward issue articulated via email and voicemail.
W2023	November 2023	Ongoing	N/A	D	Complaint about member’s posts on social media re events in the global arena.
X2023	November 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	B	Complaint against two members regarding conduct at the Children, Families and Schools Committee and one of the member’s comments on X, formerly known as Twitter, after the CFS meeting.
Y2023	November 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	D	Complaint about member’s retweets / posts on social media re events in the global arena.
Z2023	November 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	B	Complaint against member’s conduct towards other Councillors at the Culture, Heritage, Sport, Tourism & Economic Development Committee.
AA2023	November 2023	Remains at preliminary assessment stage and is with the Independent Person for review.	N/A	B	Complaint about a member’s conduct at an online consultation session with a Council maintained school.
BB2023	November 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	B	Complainant alleged that member had breached the Code of Conduct at meetings of the Council in the context of an item relating to alleged child safeguarding concerns.
CC2023	December 2023	Determined by decision to take no action at preliminary assessment stage.	Insufficient evidence of conduct contrary to the Code identified to merit referral of complaint for formal investigation.	B	Complaint against two members alleging that they had breached the Code of Conduct at a meeting of Full Council in the context of an item relating to alleged child safeguarding concerns.
DD2023	December 2023	Remains at preliminary assessment stage and is with the Independent Person for review.	N/A	A	Complaint against member alleging failure to respond to concerns about child safeguarding concerns in schools articulated via email.
EE2023	December 2023	Remains at preliminary assessment stage and is with the Independent Person for review.	N/A	D	Complaint about member’s comments on a Brighton and Hove news article regarding events in the global arena
FF2023	December 2023	Remains at preliminary assessment stage and is with the Independent Person for review.	N/A	A	Complaint against member alleging failure to respond to concerns about a ward issue articulated via email.
GG2023	December 2023	Determined by decision to take no action at preliminary assessment stage.	Investigation was neither proportionate nor necessary in the public interest to merit referral of complaint for formal investigation.	B	Complaint against member regarding their response in Committee to a written question concerning a section 106 agreement involving the Council.
A2024	January 2024	Ongoing	N/A	A	Complaint regarding information given by a member regarding their place of residence whilst campaigning for the May 2023 local elections.
B2024	January 2024	Ongoing	N/A	A	Complaint alleged that member had engaged in conduct contrary to the Code by failing to act with integrity and honesty and / or failing to act lawfully by providing a false place of residence, plus also alleged failures to respond re ward issues via email.
C2024	January 2024	Ongoing	N/A	A	Complaint alleged that the member had been insufficiently responsive to the complainant’s requests for information about the Council’s services in the local area and about being asked to make an email appointment to see the member to discuss ward issues.
D2024	January 2024	Ongoing	N/A	A	Complaint against member alleging failure to respond to concerns about a ward issue articulated via email.

Key to Complaint topics

Code	Description of type of conduct complained about
A	Complaints about members’ conduct in their wards, including when discharging their ward responsibilities or otherwise communicating with constituents or other stakeholders.
B	Complaints about comments or conduct either at council meetings, or at meetings at which members are representing BHCC
C	Complaints about conduct relating to council business or other members made outside council meetings, including on social media
D	Complaints about a member’s conduct or position on an issue which is not council business or a ward matter, including conduct or a statement reported in the press or made on social media