As I said, we were expecting a strong statement condemning from Mayor Lutfur Rahman his ally, Cllr Shelina Akhtar, the twice convicted benefit fraudster who faces a possible jail sentence….and we got a statement:
Here it is:
Everyone who represents the interests of this community must abide by the highest standards of personal conduct in public life. The council has procedures to follow and I understand that it will await the outcome of the sentencing before deciding what if any further steps it will take against the councillor concerned.
Interestingly, sentencing for Akhtar’s latest crime is on February 6. If that is delayed, or if she receives a sentence that is less than that required to see her automatically disqualified from Tower Hamlets Council, she will be free to vote at the crucial council meeting on February 22 when Lutfur will need all the support he can muster to see his spending plans approved.
Again, if she receives a jail term, which is very possible, I fully expect Lutfur to ask her to stand down. Of course, it’s still up to her…
In the meantime, the council has put out a separate statement:
The course of action open to the council depends in part on the outcome of the sentencing hearing and any appeal. The Local Government Act 1972 (section 80) states that councillors sentenced to a three month custodial sentence or more automatically lose their seat.
And in the background, Tory group leader Peter Golds has been asking Swan Housing what action they will take against their criminal social housing tenant.
Here is what Swan told me:
We are aware of the judgment relating to Councillor Aktar and are considering its implications. However, issues relating to the tenancy agreements that exist between Swan and its tenants are confidential and we are not able to discuss these publicly.
Trial by Jeory 
She has been convicted of fraud while being a Councillor. Why are they waiting on the sentence? They must take steps immediately.
I’d expect a Councillor – or a member of the public – to demand that the Standards Committee starts the proper process NOW in relation to this very serious breach of the Code of Conduct which all Councillors must observe.
It might well be appropriate to wait until after the sentencing on 6 February to determines what action the Standards Committee wishes to take.
However, I see no reason why IMMEDIATE action should not be taken to SUSPEND Councillor Akhtar from the Council NOW (ie from claiming allowance and voting pending the outcome of the Standards Committee hearing).
She has been convicted of a very serious offence – one which brings Tower Hamlets Council into disrepute. A suspension for a period of time is an entirely appropriate outcome even if she does not receive a custodial sentence of more than 3 months.
There is no reason I can see for the Standards Committee to delay taking action in starting the process of dealing with this Councillor.
If a Councillor does not call for the Standards Committee to commence action immediately – do we take it that all Councillors are content for Councillor Akhtar to remain in office?
I also trust that this time we won’t be hearing that the Mayor has given a character reference to the Court…..
An excellent proposal from “You couldn’t make it up!”. Surely there is at least one Councillor willing to stand up for the integrity of Tower Hamlets?
The reason why immediate action cannot be taken to suspend Cllr Akhtar is that there is no legal power to do so. Standards Committees can only suspend after an investigation. Disqualification based on criminal sentencing is an automatic affair (disqualified 28 days after any sentence of more than three months whether that sentence is suspended or not; not disqualified for any sentence under three months).
I hope also that readers will recognise the potential problems opened up if a local council is able, by a majority vote, to suspend or disqualify one of its members without an inquiry.
Agree with last point.
I’m surprised no one has yet referred her to the Standards Committee. After all, Lutfur’s councillors and supporters are busy filing what seem to be relatively minor complaints to that same committee against their opponents…
Agreed David – That’s why my post was about the need for somebody to INITIATE THAT VERY NECESSARY INVESTIGATION – and for the Council to get on with it!
Why has that not happened?
The importance here is about setting an example. It’s about the Council making it clear that it is in no way acceptable for politicians to behave in this way.
Do you also not recognise that the Council already has the power to suspend employees – pending an inquiry – if the action they take is sufficient to cause grave concern?
Are you suggesting that there should be one set of rules for employees and another set for councillors? The usual view is that Councillors have to comply with a higher set of standards!
The Code of Conduct requires that all members comply with the following
* “You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or the authority into disrepute.”
* Members should uphold the law and, on all occasions, act in accordance with the trust that the public is entitled to place in them.
Has she conducted herself in a manner which does not bring the Council into disrepute – NO
Has she at all times upheld the law and acted in accordance with the trust placed in her – NO
The Code also makes clear that a member may NOT act as a member unless they have given an undertaking to observe ALL the different aspects of the Code of Conduct.
To have been found guilty of these offences by a Court of Law – and in effect to have breached that Code of Conduct – suggests to me there is very clear evidence for the suspension of a Councillor pending a formal Council Inquiry.
So where is the announcement of the initiation of an investigation?