Blog: 19 August 2022 - Bevan Brittan, Corporate Partner

Concerns remain across local government that the standard of behaviour of Members continues its exponential decline, fuelled by a toothless standards regime, the rise of social media, and an unwillingness in central government to acknowledge and address the numerous high profile voices calling for change. The longer this continues the more damage is done to Member/Officer relations; the public’s trust and investment in local government; and the effective delivery of services in a challenging environment. Whilst this state of affairs is of course incredibly frustrating, we must collectively continue to make our voices heard.

Of at least equal concern is the level of abuse and threatening behaviour Officers are having to endure from members of the public. As employers Councils have statutory, common law and contractual duties of care towards Officers. Councils must ensure that so far as is reasonably practicable, the health, safety and welfare at work of all employees is ensured. Most local authorities have at least one ‘citizen journalist’ who repeatedly churns out misinformation and tales of corruption by way of a blog or website. Whilst those in public office are expected to have a higher threshold of tolerance to criticism (but not of course as high as that applicable to elected politicians), this should not mean that it is open season. The line has to be drawn somewhere.

It is in this context that the government’s Bill of Rights 2022-23, which was introduced to Parliament on 22 June 2022 (and which seeks to replace the Human Rights Act 1998), is of concern.

The Bill certainly seeks to dilute human rights in the UK, including by way of affirming that ECHR judgments are not part of domestic law; that the Supreme Court is the ultimate judicial authority; and reducing ‘burdens’ on public authorities by limiting the imposition of positive obligations. But it is the intention to strengthen the right to freedom of expression which raises concern in the context of being able to effectively protect employees in the public sector, as well as in relation to Member behaviour. Readers will already be aware of recent case law which demonstrates how high the threshold presently is when seeking redress against harassment, abuse and threatening behaviour. ‘Supercharging’ the right to freedom of expression arguably pushes the threshold questionably high, and will likely compound the current unsatisfactory state of affairs.

David Kitson

Partner at Bevan Brittan LLP

0370 194 5464

07741 906271

david.kitson@bevanbrittan.com