Babergh and Mid Suffolk District Councils
Endeavour House, 8 Russell Road, Ipswich IP1 2BX
Telephone: (0300) 1234 000
www.babergh.gov.uk www.midsuffolk.gov.uk

Code of Conduct Complaint Decision Notice

Complaint Reference: 2022-OCT-0005

Complainant: Mr Jonathan Peachey

Councillor: Councillor Joan Miller of East Bergholt Parish Council

Decision: No Breach

Date of Decision Notice: 06 April 2023

Details of the Complaint (as received):

Several very significant issues I want to report that span years rather than months:

1. Joan Miller, Chair of EBPC, wrote to Tom Barker, BMSDC Director of Planning and
Building Control on 18 January 2021 18.35 and misled him, stating that I had ‘invited the
PC to commission a full valuation of the whole Red Lion estate from a reputable company’
and ‘in conversation and followed up by an agreed note of the conversation Jonathan has
offered to sell the pub and gardens, antique shop, small field behind and car park and
toilets to the PC for a reasonable value’? I had not agreed to any such discussions/sale- I
only became aware of this 2 weeks ago following a FOI request. It is total fabrication and
hugely damaging to my business interests.

2. I see from a letter written and discussed in EBPC public session on 14 July 2022 by Joyce
Baker and published by the Clerk on the EBPC website (!) and a letter of planning
objection from Joyce Baker that Joan Miller and EBPC have shared with Joyce that they
have discussed purchasing the Red Lion estate. Joyce Baker’s letter with vile and
defamatory comments was eventually taken down by the Clerk Graham White after being
on a public site for one month. It reflects a bullying culture and significant breaches of
confidentiality and a fundamental lack of respect. I can send you a copy of the letter and
correspondence on it.

3. I asked Joan Miller, as EBPC Chair, both in writing (now published on EBPC
correspondence on their website) and at the public session at the EBPC meeting on July
14th 2022 (minuted in public discussions, where the Red Lion planning application was
considered), if there was any declared interest in adjacent land to the Red Lion. Joan did
not mention the email to Tom Barker at BDC dated 18 January 2021 at 18.35 in 1. above

Babergh and Mid Suffolk District Councils
Endeavour House, 8 Russell Road, Ipswich IP1 2BX
Telephone: (0300) 1234 000
www.babergh.gov.uk www.midsuffolk.gov.uk

which includes potential Compulsory Purchase Order inquiries on the Red Lion car park
and toilets and development of the Red Lion estate (my property) and adjacent land. Joan
Miller lied. Nigel Roberts also lied at this same meeting. I recorded the open session and I
will happily share what was said with you. Joan failed to remember the correspondence I
showed her where she had discussed land, including my own, for purchase/ development
and also the email above dated 18 January 2021. She also appears to have forgotten a
Pre Application that Tom Barker told me on 18 October 2022 was put in on the
Congregation Church in East Bergholt in April/ May this year by EBPC which would have
required a planning fee to be paid from public monies (interestingly I see no budget line
item for this and therefore question how the public monies are being used/accounted for)
and would have required Joan Miller’s knowledge as both the Chair of the EBPC and a
member of the Neighbourhood Plan and other groups.

4. At this same session on 14 July 2022 in closed session I witnessed Joan Miller being
incredibly rude to another member of the public, Tony Brigden, who wanted to ask a
question on predetermination on a planning application- I have seen 2 cases of this
personally. Joan Miller, as you will hear from the recording, shouted and was very
disrespectful and failed on several key elements of the Suffolk Code of Conduct. It was
simply appalling.

5. Joan Miller was named as a contact person for the U3A group to submit supportive
correspondence on an ACV application in her capacity as EBPC Chair. This request was
put in to 2 newsletters where purposefully defamatory and false statements were made
about the Red Lion car park. No action has been taken by Joan Miller to correct these lies
that were sent in a U3A newsletter to well over 400 local people! Joan Miller and 2 other
Parish Councillors are themselves U3A members.

When added to other items Joan Miller appears to be following an approach of harassment
and bullying. The above factors together have led to me selling my house in the village and
damage to my business. Not fit to govern.

Response of the Councillor:

Councillor Miller entirely refutes the complaint and outlined her reasons for doing so.

Councillor Miller stated that from January 2021 Mr Peachey made a proposal, via her, to the
Parish Council that the Parish Council buy the whole of his estate in the centre of East
Bergholt for a sum of £2.9m. This proposal was discussed by the Parish Council in their
confidential meeting on 14 Jan 2021 and the decision made to find out further details of the
offer. The offer was retracted when an NDA could not be agreed.

Councillor Miller denies that she has ever spoken with Joyce Baker regarding the purchase of
the Red Lion and asked parish councillors to maintain the confidentiality of the matter.

Councillor Miller took steps to maintain the confidentiality of the matter and did not discuss it
with anyone, to include Tom Barker, particularly as such information was not relevant to the
planning applications under consideration. All members of the parish council were informed
of developments as they happened and in complete confidence, as per Mr Peachey’s wishes.

Babergh and Mid Suffolk District Councils
Endeavour House, 8 Russell Road, Ipswich IP1 2BX
Telephone: (0300) 1234 000
www.babergh.gov.uk www.midsuffolk.gov.uk

Councillor Miller denies being rude to a member of the public at the meeting on 14 July 2022
stating that this was a normal Parish Council meeting, where the public are invited to give
their news or views before the main meeting starts. In the main meeting the parish council’s
Standing Orders allow only councillors to speak, unless an exception is made by the Chair.

This meeting had an exceptionally long agenda with many contentious items to discuss, one
such item being a complex planning application (DC/22/03043). Councillor Miller stated that
members of the public in attendance were given more than half an hour prior to the full
meeting of the Council to make their case and to ask the Council questions. Councillor Miller
wanted every Councillor to have the opportunity to make their own independent thoughts
known to the meeting prior to a decision on a recommendation on this application, so as Chair
she refused consent to interrupt the full council meeting in order for a member of the public to
intervene. Her decision was taken badly and the individual stood up and shouted at the
meeting. Councillor Miller told him that she was not accepting comments from the public at
this point of the meeting, to be quiet and to sit down and had to repeat this several times as
he stood up, consistently shouted his refusal and caused a disturbance.

Councillor Miller has stated that as part of the proposal to list the car park with an ACV listing,
she was advised that she needed to register the name and address and support of village
people. She therefore wrote to local organisations an open letter to see if they supported the
car park. The Chairman of U3A subsequently wrote an article in the U3A monthly newsletter
to ask members to register their support.

Relevant Parts of the Suffolk Local Code of Conduct:

Councillor Joan Miller is alleged to have breached the Suffolk Code of Conduct under
paragraphs:-

1.1 I treat other councillors and members of the public with respect.

Details of Investigation Undertaken:

The Monitoring Officer has considered the complaint and the responding statement from
Councillor Miller. In addition, the Deputy Monitoring Officer has considered Guidance on the
Code of Conduct for Members issued by the Local Government Association.

Consultation with the Independent Person:

The Independent Person has considered this complaint and their view is that no breach has
occurred.

Conclusion of the Deputy Monitoring Officer

The Monitoring Officer’s role in the context of Parish/Town councils relates and is restricted to
the Conduct of Members. The Deputy Monitoring Officer has therefore only considered
matters relating to the alleged conduct of Councillor Miller.

Babergh and Mid Suffolk District Councils
Endeavour House, 8 Russell Road, Ipswich IP1 2BX
Telephone: (0300) 1234 000
www.babergh.gov.uk www.midsuffolk.gov.uk

Although I am satisfied that Councillor Joan Miller was acting in her official capacity at the
time of the alleged behaviour, I have not upheld the complaint.

Elected members will engage in robust debate at times and are expected to express,
challenge, criticise and disagree with views, ideas, opinions, and policies. Doing these things
in a respectful way helps to build and maintain healthy working relationships with fellow
Councillors, officers, and members of the public, it encourages others to treat them with
respect and helps to avoid conflict and stress. Respectful and healthy working relationships
and a culture of mutual respect can encourage positive debate and meaningful
communication which in turn can increase the exchange of ideas, understanding and
knowledge.

Failure to treat others with respect will occur when unreasonable or demeaning behaviour is
directed by one person against or about another. The circumstances in which the behaviour
occurs are relevant in assessing whether the behaviour is disrespectful. The circumstances
include the place where the behaviour occurs, who observes the behaviour, the character and
relationship of the people involved and the behaviour of anyone who prompts the alleged
disrespect.

Examples of disrespect in a local government context might include rude or angry outbursts
in meetings, use of inappropriate language in meetings or written communications such as
swearing, ignoring someone who is attempting to contribute to a discussion, attempts to
shame or humiliate others in public, nit-picking and fault-finding, the use of inappropriate
sarcasm in communications and the sharing of malicious gossip or rumours.

Freedom of expression is protected more strongly in some contexts than others. In particular,
a wide degree of tolerance is accorded to political speech, and this enhanced protection
applies to all levels of politics, including local government. Article 10 protects the right to
make incorrect but honestly made statements in a political context, but it does not protect
statements which the publisher knows to be false. Political expression is a broad concept and
is not limited to expressions of or criticism of political views but extends to all matters of
public administration including comments about the performance of public duties by others.
However, gratuitous personal comments do not fall within the definition of political
expression.

Councillors are allowed to respond to criticism, and where that criticism is robust, then they
can be robust in response. However, Councillors should always seek to try to be civil and
demonstrate leadership in their communication. Even where Councillors have been wrongly
accused, responding in an angry, defensive way can often escalate the situation.

I am satisfied that Councillor Miller provided information to Mr Barker at Babergh District
Council which she believed to be correct at the time and I am further satisfied that there was
no direct attempt to mislead Mr Peachey.

I have found no evidence to support Mr Peachey’s claim that Councillor Miller discussed
matters with a named third party and I note Councillor Miller’s attempts to maintain
confidentiality when discussing this matter.

Babergh and Mid Suffolk District Councils
Endeavour House, 8 Russell Road, Ipswich IP1 2BX
Telephone: (0300) 1234 000
www.babergh.gov.uk www.midsuffolk.gov.uk

I am satisfied that, at the meeting of the Parish Council on the 14 July, Mr Brigden did not
speak out during the open public session on the Agenda but rather waited until Members
were discussing an item later on. The Chair correctly advised Mr. Brigden that he was unable
to participate during this item however Mr. Brigden did not appear to accept that this should
be the case. I accept there was an exchange of words, but I consider it was a robust
exchange to maintain order in the meeting rather than a disrespectful exchange.

I am satisfied that Councillor Miller’s membership of the U3A is non-pecuniary, and she is not
responsible for their newsletter and was not consulted on the article referred to by Mr
Peachey.

I have found no evidence to support claims that Councillor Miller has bullied and harassed Mr
Peachey.

There is no right of appeal against these decisions and accordingly, the complaint file is now
closed.

If you are not satisfied with this assessment, you can contact the Ombudsman via the link
below:

https://www.lgo.org.uk/make-a-complaint/fact-sheets/other-topics/complaints-about-
standards-and-member-conduct

Although they do not offer a right of appeal against the Council’s decision on such complaints,
they can consider if there has been any fault in the way the Monitoring Officer considered the
complaint.

Teresa Halliday
Deputy Monitoring Officer – Babergh and Mid Suffolk Councils