A report by the Director of Law, HR and Asset Management informed of the report of Martin Smith, the Independent Associate Consultant, North West Employers’ Organisation, on his investigations into the treatment of Martin Morton, former Supported Living Development Officer in the Department of Adult Social Services.  Mr Smith’s report considered Mr Morton’s allegations of abuse of power/bullying whilst he was in the Council’s employment.  Mr Smith’s report would be considered in Part 2 of the meeting, in the absence of the press and public, as agreed in Minute No. 377 above.  In the light of Mr Smith’s confidential report the Director had made a number of recommendations to the Cabinet.

  Councillor J Green told the Cabinet that the whole process was still incomplete as a further independent report had been commissioned on performance which was not yet available.  He informed that Mr Morton had his deepest sympathy and no employee should have been put into this situation.  Mr Morton would receive a full and frank apology for the way in which the Council had treated him.  Mr Morton had tried to bring to light something that was wrong – how people in the Council’s care were being treated.  The best remedy was that the Council should find a way to invite Mr Morton to be re-engaged with the Council.  Mr Morton had a particular area of expertise and the Council would benefit from his advice.

  Councillor S Holbrook reminded the Cabinet that it was him that had requested that the independent investigation take place.  This investigation had taken a long time and this was reflected in the length of the report and the detail included within it.  Its contents were quite shocking.  There had been a fundamental denial of due process in respect of Mr Morton’s now proven allegations and inappropriate use of the grievance procedure in place of the whistleblowing process that should have been deployed.  The report was very clear.  The only remedy was to make a full apology and seek to re-engage Mr Morton in a suitable role.

  When the Cabinet had become aware that serious allegations required investigation it had acted straight away.  Councillor J Green reported that he was disappointed that the other independent report was not yet ready.  He was determined to get to the bottom of this matter as the Council, as an organisation, was unable to move on until the truth was out and the matter was remedied.  Only then would the culture of the organisation change.

  Councillor J Green invited Mr Morton, who was in attendance at the meeting to speak.  Mr Morton informed that he was a bit shocked, it was a lot to take in but the moment had been a long time coming.  He thanked the Cabinet for commissioning the report which would help the Council address the issues.

RESOLVED:  That Cabinet

(1)  receives and considers the Report of Martin Smith, presenting the findings of his investigation into the treatment of Martin Morton in relation to his allegations of abuse of power and/or bullying;

(2)   accepts all the findings contained within Mr Smith’s Report;

(3)   accepts all the recommendations contained within Mr Smith’s Report and, in relation to those recommendations:

(a) instructs the Chief Executive Designate to ensure that the Council’s policies in relation to Harassment Bullying and Victimisation; Grievances; and Whistleblowing are all reviewed as a matter of urgency: with a view to incorporating those changes and improvements recommended by Mr Smith (and all other provisions that officers consider appropriate), to ensure that the policies are up to date and fit for purpose;

(b) following completion of (a) above, a timely and comprehensive programme of training for all Council managers be put in place to ensure that the revised policies are understood and applied throughout the Authority;

(c) the Head of Human Resources and Organisational Development shall take all necessary action to ensure that Recommendation 3 (relating to the Council’s HR function) is implemented, in full, as soon as practicable;

(d) the Chief Executive takes all necessary action to ensure that Resolution 3(a) (relating to the Council’s corporate governance arrangements for dealing with employees’ complaints) is implemented as soon as practicable;

(e) the Chief Executive ensures that all appropriate action is taken by Council officers in relation to any issues of capability and/or disciplinary action arising from the findings in Mr Smith’s Report where officer roles and responsibilities have not been met; and

(f)  resolves that a letter be written to Mr Morton offering a full apology for the Council’s conduct in respect of the findings of this report and instructs Officers to open a dialogue with Mr Morton to discuss appropriate remedy, including possible re-engagement with the Council; and

(4)   thanks Mr Smith for his detailed and thorough report.