Rival parties deliver verdicts on Warwickshire County Council SEND investigation

Councillor Jeff Morgan (Con, Bulkington & Whitestone), Councillor Brian Hammersley (Con, Bedworth Central) and Councillor Clare Golby (Con, Arbury) were this week been cleared of breaching Warwickshire County Council’s code of conduct following a litany of complaints over comments made in a council meeting.

Cllr Morgan questioned whether some children put forward for special educational needs and disabilities (SEND) assessments were “just really badly behaved” and in need of “some form of strict correction”, Cllr Hammersley asked whether a surge in demand for SEND services was down to “something in the water” and Cllr Golby referred to social media pages where “families are swapping tips on how to get their children diagnosed”.

The council issued apologies attributed to all three but they each declined to field questions after that.

The investigation, led by a external legal professional, found that Cllr Morgan and Cllr Hammersley had gone against the authority’s code of conduct by failing to be respectful, “champion the needs of the whole community” and uphold the reputation of the council but that freedom of speech protections meant there had been no breach.

Cllr Golby’s words were not deemed to have been disrespectful, “caused reputational damage” or evidenced a failure to champion the needs of the whole community.

The verdict was met with dismay by SEND parents and campaigners.

A council statement read: “This has been a difficult and lengthy process, and we would like to thank everyone who contributed to the investigation. We want to reassure residents that a thorough investigation has been undertaken and the views of all complainants were considered as part of that process.

“We continue to work hard to build on the relationship we have with Warwickshire families, and we remain committed to working in partnership to improve outcomes for children, young people and their families in Warwickshire.”

The Conservative response

Leader Councillor Izzi Seccombe OBE (Con, Stour & the Vale) has yet to respond but the council got in touch to say it would be coordinating any interview requests. A timescale has yet to be offered.

Cllr Morgan referred back to the council’s statement and said he had nothing further to add. Cllr Hammersley and Cllr Golby have also been approached for comment.

What the others had to say

We asked the rest of the political groups at Warwickshire County Council about three broad themes – what they made of the verdict, what they would do in Cllr Seccombe’s position and what they would do if they were one of the three councillors involved.

All four welcomed the SEND training for all councillors that has been conducted in recent weeks and stressed support for the council's staff working with SEND families.

The independent view

Councillor Judy Falp (Whitnash) described the verdict as “quite strange”.

“In my opinion they were totally inappropriate comments and while they may not be covered by the guidelines, I am sure if you were among those upset you would not be happy with the verdict,” she said.

She stated her belief that any decision to banish them would have to go higher up the Conservative chain of command, something an independent group on a council would not have to contend with, but added: “Personally, I would not want them in my party.

“The minimum that could happen did happen with Jeff Morgan not standing to be chairman (of the council in 2024-25, as had been planned).

“I certainly wouldn’t put them on any committees for the rest of the time (before the county elections in May 2025). It is difficult because the people put them in, they represent the public, so if you suspend them completely those people don’t have a say.”

And it was on that premise that she said she would quit or seek re-election under the same circumstances.

“I wouldn’t have made the comments but people do, they don’t engage their brain sometimes. I would resign and put it back to the people,” added Cllr Falp.

“I am not saying I wouldn’t stand again but I would certainly give people the opportunity to say ‘yes, we want you to carry on’.

“Whether you are found guilty or not, words were said, inappropriate words, and you really should go back to the people.

“I can’t speak for another party but morally, I think they should go. The officers have done so much work to make us an inclusive and child friendly council and in one meeting they have caused these problems.

“We all say things we wish we hadn’t but these were particularly inappropriate comments that caused a lot of upset for a lot of people. Let their residents decide.”

The Liberal Democrat perspective

Councillor Jerry Roodhouse (Eastlands) sighed as he considered the reaction of those dealing with SEND issues on a daily basis.

“A process has been gone through and I understand that but I do find disappointing the conclusions that have been drawn,” he said.

“I don’t think it was an outcome that was expected, I thought there was going to be something a little bit stronger, but nothing at all really.

“How staff, parents and the people who made complaints must feel about it, I imagine they are thinking ‘what’s the point?’”

His dismay centred around the “very high bar” set by the council’s code of conduct but added: “You have the county council elections next year.

“If the individuals concerned stand, it will be up to the electorate to decide whether they should remain as county councillors or not. For local politicians that is the ultimate judgement and we are not that far away.”

On what he would do as one of the three, Cllr Roodhouse replied: “I would be absolutely devastated, and would have been from day one.

“I would be seriously considering whether I would want to carry on in public service but that has to be their choice.”

The Labour view

Labour's deputy group leader Councillor John Holland (Warwick West) said the outcome “may be correct according to the rules but it is not what the parents would have wanted”.

“The only way to remove a councillor is at next year’s elections and people may well remember that. That is the time we decide the future,” he added.

He indicated a preference to focus on the future of children’s services rather than any punitive measures that a group leader could consider, advocating a return to Sure Start centres.

“What the Conservatives do is up to them and the voters will decide on election day,” he said.

“Children’s centres still exist but do not provide anything like the service levels that they used to.

“It is absolutely in the interests of children that we identify issues as early as possible in their lives so we can work on supporting them. Reducing services in those centres was a terrible mistake and should never have happened.

“What these three have actually done is expose that the service is not good enough and does not meet the needs of Warwickshire children.

“One of the comments was that parents were wrongly having their children classified as having additional needs when that is clearly not the case."

Cllr Holland also highlighted the “responsibility” of all parties around candidate selection, adding: “I can assure people that in the Labour party, we have a very rigorous process to ensure that is the case.”

On what the trio should do now, he insisted he "would never have made remarks like that".

What the Green Party said

Group leader Councillor Jonathan Chilvers (Leamington Brunswick) reiterated his concern that the council’s work to help SEND children had been undermined.

“The council has so many excellent staff who work day in, day out trying to improve the lives of children with SEND and these awful comments have made that job so much harder – that is important to remember,” he said.

He argued that the council had done its part by conducting a legal investigation, stating he “respects the outcome” despite finding it “difficult”.

His view is that it is “for the Conservative party to decide whether it wants to align itself with those comments” but didn’t feel it was for him to say what Cllr Seccombe should do next.

The Greens advocated the Tories removing the whip from – essentially banishing – the three councillors while the investigation took place.

Asked whether he would have permanently excluded anyone from the Green group now the outcome is known, Cllr Chilvers replied: “We would have taken ownership of this issue as a party much earlier and dealt with it appropriately. It is up to the Conservatives to do that.

“These councillors represent the Conservative party, the party should have led, that wasn’t the council’s job. I think there have been times where the Conservative party has tried to hide behind the council.”

He took a similar stance on the three, adding: “How they respond is up to them and any decision they make will be looked at by the electorate in due course, as individuals and as a party.”