Misconduct investigation almost derailed by ‘quip’
A 12-month probe into allegations of misconduct against a councillor almost collapsed after a lawyer made an ‘offensive’ quip about his daughter and her children.
The Wragge report was published in May 2016 and alleged that former Sandwell Council deputy leader Mahboob Hussain had breached the authority’s code of conduct over the sale of council land and quashing parking tickets for family members.
Records from a High Court judgement show Mark Greenburgh, who oversaw the report for solicitors Wragge & Co (now Gowling WLG), had met with the council’s chief executive Jan Britton in October, 2015.
The ruling reports that at the meeting Mr Greenburgh made what was subsequently described by Mr Britton as ‘a passing quip’ about Councillor Hussain’s daughter and her children and a reference to ‘inbreeding’.
The comment was described as ‘inappropriate, offensive and entirely unnecessary’ by Mr Britton.
He said it caused him ‘serious disquiet’ and led to him questioning whether it ‘amounted to bias’ and whether it should ‘lead to the investigation being halted’.
In a letter to then council leader Darren Cooper, Mr Britton references a meeting in which Mr Hussain said he felt Mr Greenburgh held ‘some antagonism towards him because of his race, religion or ethnicity’.
The council decided that Mr Greenburgh should continue with the probe and subsequently published the report following an independent review by James Goudie QC, who concluded that its findings were ‘reasonable and supported by evidence’.
He described Mr Greenburgh’s comments as ‘troubling’ but said it was not possible to conclude there was ‘a real possibility of bias’.
The ruling containing Mr Greenburgh’s comments relates to a judicial review challenge brought by Mr Hussain in June.
Mr Hussain argued that the council’s decision to continue with the report despite Mr Greenburgh’s comments amounted to ‘bias’.
But Mr Justice Green rejected his claim.
Mr Hussain, Labour councillor for Oldbury, is to face a council standards committee hearing next month.
He told the Express & Star he had lodged a complaint with the Solicitors Regulation Authority (SRA) over Mr Greenburgh’s comments.
“In terms of equality and fairness there is no way Mark Greenburgh should have been part of the investigation,” he added.
Mr Hussain has always denied any wrongdoing.
Mr Greenburgh did not respond to the Express & Star’s request for a comment.
