At a reconvened Adjudication Hearing held on behalf of the Northern Ireland Local Government Commissioner for Standards in Coleraine today (Thursday 24^th November 2016) the Acting Commissioner Mr Ian A Gordon OBE, having previously concluded that Causeway, Coast and Glens Borough Councillor Padraig McShane had breached the Councillors’ Code of Conduct, imposed a sanction on him of full suspension from Council activities for a period of three months.  The suspension will commence from Monday 28^th November 2016.  During the suspension, Councillor McShane will be excluded from attending Council meetings or the meetings of any Council Committees that he may be a member of.  He may also be denied payment of allowances under the terms of his Council’s Scheme for the Payment of Allowances to Councillors and Committee Members.

At the initial Adjudication Hearing held on Tuesday 15^th November, the Acting Commissioner found that Councillor McShane had breached paragraphs 4.6, 4.16 (a), 4.18 (b) and (e) of the Councillor Code of Conduct.

In announcing his decision to impose the sanction of a three month full suspension, the Acting Commissioner said –

“The Respondent had sought permission to show personal visitors the Council Chamber and Mayor’s Parlour; he had not sought permission to display flags in the Chamber.  He was aware of the current sensitivity and issues around flags both in his council and elsewhere in Northern Ireland. This was a misuse of the Council Chamber and his subsequent publication of the photograph was an attempt to use his position as a councillor to secure a political advantage for himself or others.

 The surreptitious manner in which the flags were displayed demonstrates his disregard for his council’s developing policy on flags and was an improper use of the Chamber. His deliberate actions and the subsequent publicity, generated by himself, were likely to cause controversy and brought the role of a councillor and his council into disrepute. 

 The Respondent had embarked on a deliberate course of action which was politically motivated and contrary to what his council would expect from an elected member. He accepts that he has failed to comply with Paragraph 4.6 of the Code. Acknowledging the Respondent’s right not to appear at the Hearing and have an opportunity to comment on his actions, there is no evidence that he has shown insight or reflection on any of his failures to comply. To the contrary, it appears from quotes in the media, attributed to the Respondent, that he is unconcerned about the outcome of his actions.

 Such conduct and lack of insight or understanding of the purpose of the Code, gives rise to a question on the likelihood of further failures to comply with the Code, on the part of the Respondent.

 I am satisfied that in construing the Code in the present case, any restriction upon the Respondent’s freedom of expression in the context of the facts which I have established, is a necessary and proportionate restriction.

 A prohibition on the Respondent’s wish to display flags in the Council Chamber is, at most, a very small but proportionate restriction on his freedom of expression, and does not inhibit his right “to hold opinion”.  The Respondent remains free to exchange and discuss his political ideas and the restriction on the use of the Council Chamber is a minimal interference with any Article 10 right and is justifiable in the context of the sensitive issue of flags and emblems in Northern Ireland, and in the context where the Council itself operates under an interim policy on flags. 

 In relation to the determination of Paragraph 4.6 of the Code where the Respondent had failed to cooperate with investigation. This showed disregard for the standards regime and left the impression that he was taking the proceedings lightly” said the Acting Commissioner.

At a reconvened Adjudication Hearing held on behalf of the Northern Ireland Local Government Commissioner for Standards in Downshire Civic Centre on Thursday 20^th October 2016, the Acting Commissioner Mr Ian A Gordon OBE having previously concluded that Newry, Mourne and Downpatrick District Councillor Patrick Clarke had breached the Councillors’ Code of Conduct, imposed a sanction on him of disqualification for a period of three years for being, or becoming a councillor.

At the initial Adjudication Hearing held on 29^th September 2016 the Acting Commissioner found that the Councillor’s Code of Conduct applied to the Respondent and accepted the Respondent’s admission that he had failed to comply with the following parts of the Code –

• Paragraph 4.1a of the Code: The Respondent holds public office under the law and he must act lawfully
• The Public Duty Principle: He had a duty to uphold the law and to act on all occasions in accordance with the public trust placed in him
• Paragraph 2.7 of the Code: He had to observe the Code when giving the impression he was acting in the role of a councillor; and
• Paragraph 4.2 of the Code: He conducted himself in a way which could reasonably be regarded as bringing his position as a councillor, or his council, into disrepute.

Councillor Clarke had pleaded guilty to and was convicted of the following criminal offences:

1. On 14 September 2015 – Article 7(1) Sexual Offences Northern Ireland) Order 2008 and on 15 October 2015 was sentenced to a probation order for 10 months and pay compensation of £200.00
2. On 12 November 2015 – Sec. 4 Fraud Act 2006 and on 24 March 2016 sentenced to 7 months’ imprisonment to be suspended for 3yrs
3. On 12 November 2015 – Article 3(1) Criminal Damage Northern Ireland) Order 1977 on 24 March 2016 sentenced to 7 months’ imprisonment to be suspended for 3yrs
4. On 12 November 2015 – Section 93 Justice Act (Northern Ireland) 2011 on 24 March 2016 sentenced to 7 months’ imprisonment to be suspended for 3yrs

In announcing his decision to impose the sanction of disqualification, the Acting Commissioner said –

“The allegations against Councillor Clarke are serious, the relevant criminal offences were committed over a period of time beginning some three months following him signing the declaration that he would observe the Code of Conduct for Councillors. The conduct displayed by the Respondent demonstrates a disregard for the Code to the extent that censure would not be an appropriate sanction.

 A significant element of his conduct involves bringing his office as a councillor and that of his council into disrepute. The consequences of his actions demonstrate a significant disregard for the Code. They occurred over a period of time during which he does not appear to have shown any insight into those consequences. For that reason, I do not consider suspension to be an appropriate sanction.

 There has been a repeated failure by Councillor Clarke to conform to the Code which is in place to meet the high standards of behaviour expected from elected Councillors. Poor conduct, such as displayed by the Respondent: “undermines the critical trust between the public and the people they elect. This relationship of trust is essential if public confidence in local government and the democratic process is to be maintained”.

 It follows that given the serious nature of the misconduct and the lack of reflection or insight on the part of Councillor Clarke is such as to render him unfit for public office” said the Acting Commissioner.

The sanction of disqualification is imposed on Councillor Clarke will immediate effect.

• OMBUDSMAN CALLS FOR GREATER KNOWLEDGE SHARING ACROSS HEALTH AND SOCIAL CARE TRUSTS TO IMPROVE PATIENT OUTCOMES
•  HEALTH AND SOCIAL CARE COMPLAINTS CONTINUE TO DOMINATE THE WORKLOAD OF THE OMBUDSMAN’S OFFICE
•  COMPLAINTS ABOUT GOVERNMENT DEPARTMENTS AND AGENCIES CONTINUE TO FALL
•  COMPLAINTS ABOUT THE CONDUCT OF COUNCILLORS BROUGHT EQUALLY BY MEMBERS OF THE PUBLIC AND FELLOW COUNCILLORS

Northern Ireland’s Health and Social Care Trusts must collaborate more and share knowledge in an effort to improve their handling of Serious Adverse Incidents and complaints to improve the outcomes for patients.

That is the call from the Northern Ireland Ombudsman Marie Anderson as she publishes the Annual Report of the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints 21015 – 2016.

Complaints about health and social care providers continue to dominate the work of the Ombudsman.  In the year 2015-16, 45% of the 740 new complaints received by the office of the Assembly Ombudsman and Commissioner for Complaints for Northern Ireland were about patient experiences in the health and social care sector, up from 41% in 2014-2015 and 38% in 2013-2014.

While the figure of 45% in itself is substantial, the impact on the workload of the Ombudsman’s office is considerably more.  Given the complexity of health and social care complaints which require expert advice and can often involve a range of providers, it is estimated that at any given time 80% of the workload of the office is focussed on assessing and investigating health sector complaints.

In keeping with previous years, the overriding issue of complaint was a failure in clinical care and treatment.  However, the Ombudsman also found that inadequacies in the complaint handling and communications process across the sector were significant issues.  Of the complaints received that warranted investigation, 56% related to Health and Social Care Trusts with a significant number of investigations in this year (26%) relating to GP Practices.

Commenting on the nature of the health related complaints received, the Ombudsman said that she was particularly concerned about failings identified in how the Health and Social Care Trusts are dealing with Serious Adverse Incidents (SAIs).

 “Three major health cases that were reported on in 2015-2016, reveal failings in how Health and Social Care Trusts deal with SAIs.  One of these SAI cases related to Mental Health Care and Treatment in the Belfast Health and Social Care Trust, a summary of which is included in my report.

 The failings in these Serious Adverse Incidents are both concerning and disappointing. SAIs and the resulting internal reviews should allow the learning from such incidents to be captured and shared so as to improve patient safety and outcomes.  In light of these cases, I intend to proactively engage with the 5 Health and Social Care Trusts to secure improvements in the transmission of feedback from SAIs and from complaints generally, so as to increase learning opportunities and process improvements”.

The Ombudsman also highlighted the need for health and social care providers to improve their communications with patients and families.

 “Communication or more properly a lack of clear communication was raised as an issue in a number of complaints which I reported on in this year.  The extent and level of communication with family members of a patient with incapacity or with mental health issues is a difficult issue for HSC providers. I would remind those involved in providing care of the need to communicate clearly and in a timely manner with patients and their families to the extent permitted.  I would urge those involved to take the time to ensure understanding particularly when communicating key information in relation to diagnosis, prognosis, treatment or tests and ensuring the presence of family members where this would be beneficial” said Marie Anderson.

Complaints regarding Government Departments and Statutory Agencies

Although dominated by complaints regarding the health sector, the wider role of the Ombudsman’s office in 2015-2016 was to deal independently with complaints from people complaining of maladministration by government departments, local Councils and a wide range of other public service providers.  In this respect the Ombudsman reports a continuing downward trend in the number of complaints.  In 2015-2016 a total of 170 written complaints about government departments and their statutory agencies were brought to the office, 17% fewer than in 2014-2015 which had seen a 26% drop in such complaints from the 2013-2014 figures.

Commenting on the continued reduction in the number of complaints being brought about government departments and their statutory agencies the Ombudsman said –

“Credit must go to the Head of the Northern Ireland Civil Services Sir Malcolm McKibbin and his fellow Permanent Secretaries for the commitment they have given to ensuring that there is a thorough and effective complaints handling process across departments and agencies.  The robustness of the complaints processes they have put in place has led to fewer complainants feeling the need to bring their complaint to my office.  I am hopeful that this trend will continue”.

 Complaints regarding the Conduct of Councillors

 From June 2014, the Ombudsman, in the role of Northern Ireland Commissioner for Complaints, has had powers to investigate complaints about alleged breaches of the Local Government Code of Conduct for Councillors.  In that role, the Ombudsman adjudicated on the relevant sanctions to be applied, where a breach of the Code has been found.  During 2015-16 a total of 33 complaints were received and nine were carried forward from 2014-15.  The total number of complaints under investigation under the Code was 42.  In relation to these complaints, 1 was withdrawn, 28 were closed during the assessment process and 3 investigation reports were issued.  At the end of the 2015-16 reporting year, 10 Code of Conduct complaints remained under investigation.

Of the new complaints received, 50% were made by the general public with 50% having been made by a Councillor against another Councillor.  A significant proportion of complaints received related to social media and the Ombudsman warned that the same standards of conduct apply online as offline.

“When the Code of Conduct applies, it applies to all of a Councillor’s communications, including social media such as Twitter, Facebook, internet forums or blogs.  Councillors need to manage their online engagement very carefully” said Marie Anderson.

Tribute to Dr Tom Frawley CBE

The report published today, is the final Annual Report of the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints.  As a result of the Public Services Ombudsman (Northern Ireland) Act 2016, these two offices ceased to exist on 31 March 2016 and were replaced from 01 April 2016 with the office of the Northern Ireland Public Services Ombudsman and the Northern Ireland Local Government Standards Commissioner.

In laying the report before the Northern Ireland Assembly, Marie Anderson who was appointed Northern Ireland Public Services Ombudsman in April paid tribute to Dr Tom Frawley CBE who retired from the roles of Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints in March.

“I would like to take this opportunity to record my gratitude to Dr Frawley on his selfless service and exemplary commitment to this Office as Assembly Ombudsman and Commissioner for Complaints for over fifteen and a half years.  Dr Frawley as Ombudsman was held in high regard and his sound judgment and sense of fairness brought consistency to his decisions for the benefit of the citizens and the staff in the bodies in jurisdiction”.