AN independent report has found a number of errors in the way Cornwall Council handled the discovery that one of its councillors had been arrested in connection with child pornography.
A review commissioned by Cornwall Council and carried out by Alison Lowton has been published this afternoon.
It looks at the way the council handled the discovery that Launceston councillor and former Cabinet member Alex Folkes was found to have been arrested in connection with possessing indecent images during a child protection check in 2010 and when concerns were raised about him in October last year.
In her conclusion Lowton states: "It is evident that the issue was badly handled in 2010 and again in 2013 and that to a great extent the council's present difficulties flow from this."
The report makes six recommendations to the council. Council leader John Pollard has welcomed the report and accepted the recommendations.
The report was commissioned after a storm erupted when it was discovered that concerns had been raised about Mr Folkes in 2009 when he underwent a CRB check after his election to the council.
It was brought to the attention of the council's monitoring officer, Richard Williams, who met with Mr Folkes and, the report states "came to the conclusion that no safeguarding concerns arose".
The report states that what happened after that was "not clear" and that recollections about what happened are "contradictory".
"It is not clear whether there was an agreement from the member concerned not to have contact with children or not to take on roles relating to children or whether the member intimated that he would not do so anyway, regardless of this disclosure," writes Lowton.
"In any event, if there was any such agreement there is no current evidence of it and the member concerned denies that any such agreement was made. No monitoring arrangements were put in place. No one else was informed (including the chief executive)."
The report also states that the check itself and any associated documents were destroyed after six months.
In October last year concerns were raised by a member of staff and a member of the public after Mr Folkes was pictured in a local paper presenting a cheque to a youth group.
The report found that this was not referred to the Local Authority Designated Officer (LADO) within the time limits set by the council's own policy and it was only after the member of the public contacted the LADO ten days later that action was taken.
The LADO organised a professional allegation strategy meeting and since there have been five such meetings which have all agreed that Mr Folkes "posed a serious and enduring risk to children".
The report states that the disclosure in 2010 "was not dealt with in accordance with any of the council's then policies" when it should have been referred to the LADO, the council's safeguarding lead and the director of children's services.
Lowton is also critical of the fact there was no process in place in 2010 saying there were "inadequate arrangements for what should happen in the event of a positive disclosure which was compounded by the failure to make or to keep any record in relation to the actual positive disclosure".
The report also says that there was a "failure of corporate governance" with the chief executive and Mr Folkes own group leader not being told about the disclosure.
It also criticises the council for not ensuring all councillors underwent a DBS check in 2013 after being elected, despite that being the council's policy from 2005.
Lowton states there was a further failure of corporate governance in 2013 when the new council leader was not made aware of the previous disclosure and again when the incoming chief executive was also not told.
In relation to what has happened since the concerns were raised in October Lowton says that while there was an initial failure to report to the LADO the LADO process has since been appropriately followed.
She said the process was "swift and decisions were made which were reasonable in all the circumstances".
It adds: "The decision that the councillor presented a serious and enduring risk to children was unanimous from a meeting which included appropriate representation from the police."
Commenting on the letters sent to schools and organisations warning of Mr Folkes' risk Lowton says that while careful consideration was given to how they should be sent out "it might have been preferable to ensure that the letters were delivered in hard copy".
Responding to the press coverage and how the council responded Lowton suggests that the council may need to adopt a policy for how to react to allegations against councillors.
In her recommendations Lowton says the council should have a policy on DBS checks for councillors and a protocol on how to handle disclosures relating to councillors in general and on children's safeguarding concerns in particular.
She also recommends that the council's LADO policy is audited to ensure any differences in handling between members and employees is clear.
It also recommends the council to consider whether the use of email is appropriate in certain circumstances and that the council should build on training for safeguarding advocates.
Lastly it recommends that the council's political groups' role in ensuring high standards and good behaviour among councillors.
Mr Folkes reacted to the report saying it was "partial and factually inaccurate".
![Review finds errors in how Cornwall Council handled allegations against councillor Review finds errors in how Cornwall Council handled allegations against councillor]()