Mike Storey investigation - full case summary

Case summary

SBE case number
SBE20495.07
member
Councillor Mike Storey
authority
Liverpool City Council
allegation
The member failed to treat others with respect and disclosed confidential information.
date received
27 November 2007
date completed
16 December 2008
SBE outcome
The ethical standards officer found that in the circumstances of this case, no action needed to be taken

Summary
The complainant alleged that Councillor Mike Storey met privately with Councillor Warren Bradley and Mr Lee Forde on 18 November 2007 in order to conspire against Jason Harborow with a view to removing him from his position as Chief Executive of the Culture Company. The Ethical Standards Officer investigated whether by his conduct Councillor Storey failed to treat Jason Harborow with respect.

Councillor Storey strongly denied the allegation, stating that when he was invited to Councillor Bradley's home to meet Lee Forde he thought it was going to be a purely social occasion. Councillor Storey said that he left the meeting 'a bit gob smacked' as a result of what he considered to be Lee Forde's clear agenda to raise matters that would have been more appropriately put to the Council's chief executive.

The Ethical Standards Officer considered that when Councillor Storey was invited to meet with Councillor Bradley and Lee Forde on 18 November 2007 he could reasonably have expected the findings of the Mathew Street investigation to be raised. Indeed during the meeting Councillor Storey expressed his sympathy with Lee Forde at the way he had been portrayed in the Mathew Street Investigation report.
Both Councillor Bradley and Councillor Storey denied seeking evidence against Jason Harborow from Lee Forde. Given the conflicting accounts of the meeting it was not possible to conclude exactly what was said, however it is relevant that even in Lee Forde's account of the meeting there is no evidence that Councillor Storey personally made any reference to Jason Harborow or sought any information that could have been used against Jason Harborow in the future. The Ethical Standards Officer was therefore not satisfied that Councillor Storey tried to conspire against Jason Harborow at the meeting on 18 November 2007.
During the course of the above investigation the Ethical Standards Officer was provided with evidence that Councillor Storey had potentially disclosed confidential information about Jason Harborow's health concerns to a local reporter in June 2007 without having consent to do so. Using powers given to the Ethical Standards Officer under section 59(1) (b) of the Local Government Act 2000 she extended her investigation to establish whether Councillor Storey had breached the Code of Conduct in this respect.
The Ethical Standards Officer found that on 28 June 2007 Councillor Storey was informed that Jason Harborow had recently suffered health problems and that Councillor Storey was provided with additional information about that which he should have been aware was confidential in nature.

The next day a local reporter telephoned Councillor Storey and asked him to comment on an anonymous tip-off his newspaper had received concerning Jason Harborow's health. On the evidence available, the Ethical Standards Officer concluded that Councillor Storey did confirm the information about Jason Harborow's health with the reporter and told him that if he wanted further information he would have to contact the Council's chief executive.

The Ethical Standards Officer considered that the information disclosed by Councillor Storey was confidential. The fact that genuinely confidential information has already been disclosed, as in the case of the tip-off given to the reporter, does not excuse a subsequent disclosure by a councillor. Councillor Storey showed an error of judgment in discussing confidential information relating to the welfare of Jason Harborow with a local journalist. It is not part of Councillor Storey's responsibility to comment on personal information relating to an employee of the council. The Ethical Standards Officer therefore considered that Councillor Storey failed to comply with the Code.

In coming to her finding the Ethical Standards Officer has recognised that the journalist was already aware of the confidential information subsequently confirmed by Councillor Storey and that in disclosing the limited amount of information he had, Councillor Storey did not enable the journalist to make the matter more public. Furthermore the Ethical Standards Officer has taken into account that at the time Councillor Storey recognised his error of judgment and apologised to Jason Harborow for the distress this matter caused him and the effect Councillor Storey's actions could have on the integrity of his office.
The Ethical Standards Officer has therefore found that no further action need be taken with regard to these matters.