Lockdown breach councillors let off hook after panel decides 'they weren't acting in official capacity'

A panel judging whether three Luton Labour councillors breached the council's code of conduct has today claimed it lacks the power to rule against them.
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The local adjudication panel decided that councillors, Tahir Malik, Waheed Akbar and Asif Masood, attended a meeting in the town in a "private capacity" rather than official council business.

The panel's interpretation of the rules means that the trio can continue serving on the council.

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A panel statement said: "We're in unanimous agreement the actions of the councillors were ill-advised, caused distress, broke trust in our communities, and brought themselves and the council into disrepute.

A picture of the lockdown breachA picture of the lockdown breach
A picture of the lockdown breach

"Despite this, the panel can only take action when there's been a breach of the code of conduct which relates to councillors when they're acting in an official capacity.

"There was no evidence provided to the panel that could make us conclude that the councillors were representing the borough council at the event."

The statement added: "We feel very strongly that all three councillors should voluntarily make a donation to a local charity to the value of at least one month’s allowance and make sure they keep up-to-date with latest national and local Covid-19 legislation and guidance, adhering to it at all times.

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"We fully appreciate that this decision will cause concern and anger on this issue in our communities.

"We want to assure people that the investigation and the conclusion reached was fully in line with the standards process and the powers available to us."

The local authority received an unprecedented number of complaints in response to social media coverage of the councillors at the prayer meeting in a private garden.

The three apologised for breaching Covid-19 guidelines in August, the panel hearing heard today. (Mon 12th)

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At the time, Luton was on the government watch list as one of the top ten local authority regions with the highest rate of Covid-19 infection, according to the council's monitoring officer Angela Claridge.

The LU4 postcode, where the event was held, had a higher rate of cases than the rest of borough, she told the panel meeting.

"All councillors were receiving briefings updating the position," she said.

Councillor Malik was the only one of the three wearing a mask, but it was shown beneath his chin in some of the photographs.

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There were over 100 complaints, as well as a petition signed by more than 6,000 individuals asking for the Luton mayor and the other two councillors to resign.

Councillor Malik said he was told by the host that there were only going to be six people present, and he accepted he should have left the gathering.

"I apologise unreservedly and I resigned from the mayorship," he added.

Councillor Akbar confirmed he was invited to pray "for Covid-19 victims" and that a local Imam would follow social distancing rules.

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"It was an error of judgment," he said. "I should have left the meeting when more people turned up.

"I apologised for this. I thought rules would be followed and that didn't happen."

Councillor Masood, who's self-employed, explained he had stayed at home for three months because of the virus.

He said he "didn't intentionally set out to break the rules", adding he was "totally sorry and regrets attending this event".

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An appointed independent person Chris Fogden advised the panel the three councillors "didn't break the borough code of conduct because they weren't attending the event on council business".

He referred to a legal precedent involving Ken Livingstone, when he was mayor of London, which was heard at the High Court in 2005.