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: 2023-JAN-0001

Complainant: Mr Peter Dent

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):

I am writing to you as I have some serious issues and concerns to raise regarding East
Bergholt Parish Council and in particular the behaviour of the Chair – Joan Miller.

I was a parish Councillor but resigned in July following some appalling behaviour towards me
by Joan Miller. During the 14th July PC meeting.

At one point a somewhat controversial matter was being discussed and all councillors were
given 3 minutes to each of us by the Chair to put forward our views. When my turn came
Joan Miller stopped me talking after 30 seconds and very firmly preventing me from giving
any additional views by telling me, in no certain terms, to ‘shut up’. The matter
discussed was important to me as it was to other councillors and although Joan Miller may
not have wanted to hear my views – I still had every right to give them at the meeting.
There were members of the public who witnessed the action by the Chair. This behaviour by
a Chair of any committee is quite inexcusable and unacceptable.

After the meeting ended, I made a somewhat amusing comment to one of the councillors,
Joan Miller overheard my remark, totally misunderstanding the context and she followed
me out to my car and proceeded to scream and shout at me without having the faintest idea
what she was talking about, and in the most aggressive and insulting manner while
standing two feet from me. Most of the councillors both saw and heard the event and
comments that were made. Mark Hurley, a parish Councillor, was standing very close, and I
am sure he will support my concerns. My resignation followed immediately, and I can provide
a copy of my letter to Joan Miller should this be required.

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

Once again, the behaviour of Joan Miller in her role as the PC Chair is totally unacceptable. I
feel that her continual harassment and bullying is seriously misplaced as there is no room
what-so-ever for anyone in this role to behave in the way that ultimately does no credit to the
Parish Council. And equally important and very relevant – her behaviour is in direct conflict
with the ‘Suffolk Code of Conduct’, which the East Bergholt Parish Council has formally
adopted.

I await your comments as to what action will be taken.

Response of the Councillor:

Councillor Miller’s response is that the complaint is entirely unfounded, and she did not treat
Mr Dent with any disrespect or any discrimination before, in or after the Parish Council
meeting on 14 July 2022.

All Councillors were allocated 3 minutes to say what they wished to say, without any pressure
as to what they said, on the debate on the planning application for development of houses on
the land behind the Red Lion and the Red Lion Car Park. Councillor Miller put no pressure on
any Councillor to make any particular point or take any particular side in the debate.

Prior to the meeting on the 14 July 2022 Councillor Miller spoke with Mr Dent on a 1-1 basis
because she considered that in previous parish council meetings, particularly when they were
considering a planning application in relation to the development behind the Red Lion public
house, Mr Dent had acted with extremely rude and derogatory language aimed at other parish
councillors. Councillor Miller says she did not shout at him and her intention was to explain
how he could disagree with other councillors but not be disrespectful in doing so.

At the 14 July 2022 meeting she considered that Mr Dent’s behaviour had improved and he
was not rude.

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.

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

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.

Firstly, I must consider whether Councillor Miller was acting in her official capacity as a
Councillor during the alleged behaviour. While I note that part of the complaint is alleged to
have taken place in a car park after a meeting of the Parish Council had closed, I do consider
that Councillor Miller was still acting in her personal capacity when she spoke with Mr Dent.

I have also noted that Mr Dent was an elected member of East Bergholt Parish Council at the
time of the allegations.

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.

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

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 a robust conversation did take place between the complainant and
Councillor Miller both during and after the parish council meeting. However, I have given
weight to the fact that the complainant was also an elected member at the time of the alleged
behaviour. There is often the need for robust conversations and challenges during council
meetings and members are required to have a thicker skin when participating in such
debates. No information has been provided to suggest that Councillor Miller was anything
other than forceful and robust in her discussion with the complainant. I have received no
further suggestion that Councillors and members of the public are intimidated by her nor that
they have received any direct insults from her.

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