Now it’s out. The Wragge report re-named Gowling following a merger of solicitors.
Also published is the advice of James Goudie Q.C. who was asked whether Gowling should be made public and whether its decisions were sound. His conclusion favoured immediate publication in the “public interest” and generally he agreed with the findings of Gowling,. The areas where Goudie disagreed with Gowling were, chiefly, in its criticisms of senior officers at the council.
What’s It All About?
The report reviewed particular council land sales and investigated other allegations made against Cllr Hussain.
Those Involved Include;
Cllr Mahboob Hussain then Deputy Leader of the Council and Chairman of Asset Management and Land Disposals Committee.
Azeem Hafeez son of the above, council employee and a property developer.
Cllr Ian Jones then Cabinet member.
Dave Willetts then Head of Property Services, now retired
Nick Bubalo Dave’s boss and Director of Regeneration and Economy and Azeem Hafeez’s boss.
Jan Brittan Chief Executive of Sandwell Council.
Summary.
The report identified;
Maladministration in two cases in which council land was sold at a significant undervalue. In neither case were proper valuations obtained and/or acted upon.
A regime of bullying and intimidation employed by Cllr. Hussain against junior staff and a failure of their superiors to effectively defend them.
A culture in which officers of the council pandered to and indulged Cllr. Hussain despite his overstepping his functions and meddling in matters which were not his concern.
A disregard by Cllr. Hussain of the requirements of openness in declaring his interest in transactions.
The Details;
The Public Lavatories Sale
• This was the only allegation involving Cllr Jones. He was involved in some discussions regarding the sale but was found to be a “passive bystander” and absolved of any wrongdoing.
• The three council owned redundant public lavatories were found to have been sold at an undervalue. They were sold for £35,000 despite a District Valuer Service valuation of £130,000, later confirmed by Savills estate agents. One block alone, that in Wednesbury, was later re-sold for £40,000.
• The report concluded it likely that Cllr. Hussain, directly or indirectly, tipped off the purchaser to approach the council to buy these properties.
• Though he knew the buyer Cllr. Hussain failed to disclose that fact and was found to have crossed the crossed the line between political oversight (the function of councillors) and day to day management (the job of officers, council employees) regarding that sale. Something he did again in relation to land sales under the “15 Day Sale Scheme” with Cllr. Hussain “effectively approving or disapproving each transaction”.
Bullying and Harassment
These allegations were made against Cllr. Hussain by officers (employees) of the council.
• Gowling found that the councillor exercised an “unwarranted degree of interference and control over” Dave Willetts the officer responsible for the lavatory sale. Willetts, it found, had been “bullied and coerced” by Cllr. Hussain “over a long period of time” Willetts complained to his line manager Nick Bubalo but nothing effective was done.
• An accusation against Cllr. Hussain that he secured a council house for his daughter was unproved, but he was found to have “used his position…. to intimidate junior officers” A Housing Allocation Team Leader complained of being bullied and harassed by Cllr Hussain who required her to justify housing allocations to him. She like Willetts complained to her superior but, the report found that nothing effective was done and she was “left a vulnerable employee horribly exposed to undue pressure”. Her evidence did not reflect a particular previous written allegation she had made against Cllr. Hussain but the report found her “An honest witness the overwhelming impression she gave was of someone who was scared”
The Parking Tickets
• Cllr Hussain was found to have interfered in the due process to cancel a parking ticket issued to his wife and to reduce the fine payable by his son.
• Cllr. Hussain evidence was that members of his household had attracted 30-40 parking tickets which might be seen as displaying a rather relaxed attitude to parking restrictions and so far as his efforts to cancel the ticket, he said “It was something everyone did”.
• The last comment was supported by the evidence of Principal Officer in the Parking Team who described “a lot of interaction with councillors generally regarding parking issues they or their business contacts have” when she has “been asked to bend the rules and it is usual practice to be asked to do so”
Smethwick Coroner’s Office
• This redundant property was bought by Hussain’s son Azeem Hafeez, who put in a bid for the property the day before it was advertised for sale.
• The report found it likely that Hafeez obtained confidential information from his father and an indication of the price.
Clifford Road Land
• This was land owned by Azeem Hafeez.
• The report found that Cllr. Hussain, knowing that his son owned the land, used his influence to persuade the council to buy it for housing.
• That council officers knew of the relationship but failed to report it.
• Ultimately, the sale fell through.
Declarations of Interest
• It is the responsibility of councillors to reveal any interest they may have in a transaction and any knowledge or connections with a person involved.
• The report found Cllr. Hussain failed to do this with a developer he introduced to the council.
• Cllr Hussain also failed to disclose an interest in Five Star Taxis when that firm was awarded a contract by Sandwell. The Chief Executive investigated this failure and concluded it an oversight, a decision described in the report as ”a rather generous view to have taken”.
In relation to some issues Cllr Hussain was cleared of wrongdoing.
The report found there was no evidence that he had interfered in;
1. The sale of land in Lodge Street to Azeem Hafeez, but that the land was sold without a proper valuation and at a price substantially lower than its value.
2. The appointment or discipline of his relatives by the council. Three of his sons have worked for Sandwell.
3. The removal of restrictive covenants on land. These are legal bars on the use of land or its disposal. Removal of these restrictions usually increases the value of the land.
Azeem Hafeez
Failed to give evidence or answer written questions posed by the investigation.
Comment.
Since publication of Gowling some have been loud in condemning Cllr. Hussain and promising a clean up. Many of these have been councillor colleagues of Cllr. Hussain over a number of years. One cannot help questioning whether they have previously operated in total ignorance of the councillor’s attitudes and methods and whether there is now some political axe grinding.
Cllr. Hussain’s comment re the parking tickets “everyone did” it, may not be restricted to that area alone.
Nor are council officers wholly absolved of winking at fault and turning a blind eye. That these matters came to light as a result of chatter on social media, followed by internal whistle-blowing, itself places questions over administration in the council.
Gowling makes the point that “both the workforce and the membership of the council are very stable” The council is dominated by one party and many officers have worked for Sandwell or a neighbouring borough all their working lives.
That says the report has the risks that inherent knowledge is taken for granted without disclosure and lack of contestability can lead to “officers being overly compliant with the will of elected members”.
So while Azeem Hafeez may be criticised for not declaring himself a council employee and son of Mahboob, there is evidence both facts were widely known even if not formally disclosed. Nor can one have seen many interactions between members and officers in Sandwell without seeing some pretty nauseating toadying by council employees.
The ultimate reformers of the system are the electors.