Wiltshire Council Confirms - They Don't Check Criminal Records For All Councillors - Even For A Banned PCC Candidate

 

Councillor Jonathon Seed
BANNED From Being PCC

Somerset Independents is campaigning for all candidates for elected office, and all those in elected office to represent the people, to be subjected to criminal records (DBS) checks. More information on the Somerset Independents Campaign is at the link here.

When the Conservative Wiltshire Councillor Jonathon Seed was BANNED from being Wiltshire's elected Police and Crime Commissioner (PCC), you would have thought that he would also be banned from representing Wiltshire residents as a councillor.

Well Councillor Seed is still a councillor, being elected in May 2021, the same month that he was elected - and then banned - from being Wiltshire PCC.

Somerset Independents has been investigating why and how this is possible.

The law on banning (called barring) candidates as a PCC is not the same as the law on councillors.

When we initially asked Wiltshire Council why this was allowed, they told us:

"Wiltshire Council conducts Enhanced DBS Checks for councillors who are in contact with, or receive information about, vulnerable people in our community as part of their role on the council.

 

The DBS Code of Practice stipulates that Registered Bodies, such as the council, should only submit disclosure applications in relation to relevant positions, for that reason it is not considered necessary to undertake a DBS check for all councillors; this approach is typical across councils nationally.

 

Regards,

Democratic Services"

So they admitted that they did not carry out criminal records checks for ALL councillors. Somerset Independents thinks this is wrong, and so do residents. 

So we wrote back to Wiltshire Council:

"Thanks for your response.

Unfortunately, one of your councillors Jonathon Seed, is under
investigation by the Police.

You have confirmed that the policy of the council is to not perform
DBS checks on all councillors.

What DBS checks have you carried out on Cllr Seed, and when?

If you have not carried out any checks, your Council has failed to
protect the public from someone who committed a criminal offence that
disqualifies them from being an elected Police and Crime Commissioner.
This offence would be covered by a Standard DBS check, which you have
confirmed that Wiltshire Council does not carry out.

You have also wrongly asserted that your policy is "typical".
Neighbouring Somerset County Council conducts checks on all
councillors, as do many others such as Ashfield District Council and
Sedgemoor District Council. Which councils are you referring to, when
you say it is "typical" to not carry out DBS checks on all
councillors?

When was the last time that Wiltshire Council considered DBS checks
for all councillors? Please provide links to agenda and minutes.

When was the last time that Wiltshire Council reviewed the policy that
you have described, and which councillors were involved in that
decision if it was not Full Council?

And has your previous response been OK'd by Wiltshire Council's
Monitoring Officer and the Leader of the Council?"

Below is Wiltshire Council's response. You will see that they have not answered our questions properly and fully. They have also made several claims that are untrue. 

What is revealing is that they looked at their policy before the May 2021 elections and chose STILL to not carry out even basic DBS checks, let alone Standard DBS checks, on councillors. But they have not answered our request for agenda and minutes. 

As we pointed out, other councils do the DBS checks, but they do not. 

They are maintaining this policy, even though they KNOW now that Councillor Seed has been disbarred. 

We believe that the vast majority of Wiltshire residents will agree with our campaign for DBS checks for all candidates and all elected representatives. 

Here is Wiltshire Council's attempt to defend the indefensible...

"Good Afternoon,

Thank you for your email. The Police investigation into Jonathan Seed's candidacy for the PCC election is entirely separate and unrelated to his status as a Wiltshire Councillor and therefore the council's DBS policies. On the matter of the PCC election, it is the responsibility of candidates for that Election to confirm they are not disqualified from running, the qualification/disqualification criteria is set in legislation and is not a matter which Wiltshire Council can influence. Wiltshire council is not legally able to run background checks on candidates for any type of election.

The disqualifications for running for local council elections, such as Wiltshire unitary council elections, are set nationally. Under the rules of the Electoral Commission, unless a candidate has a been sentenced to a 3 month+ of imprisonments for a criminal charge during the 5 years before polling day, they may take office.

Wiltshire considers that undertaking Enhanced DBS Checks for councillors (following election) who are in contact with, or receive detailed information about, vulnerable people in our community as part of their role on the council is fair and reasonable. A policy to undertake DBS checks on all councillors is not legally enforceable, and any finding would not prevent a councillor from being in office unless it revealed convictions that met the disqualification criteria referenced above.

The DBS approach to councillors (once elected) was reviewed ahead of the May elections; this is an operational decision. Whilst there are councils that conduct DBS checks for all of their members, it is their discretion to do this. Other councils do not do any DBS checks on elected members for the reason outlined above that previous convictions may not preclude a councillor from taking office. Additionally, in some other councils, councillors will have no direct contact with young or vulnerable people as part of their role.

Whilst your concerns are noted, we hope the information above explains the council's approach and that it has very limited discretion around such matters."