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Essex Police is investigating a formal complaint after failing to seize the devices of a Reform councillor arrested and later released on suspicion of stalking, harassment and assault in Basildon Council offices.
The force has privately admitted an error when it failed to take Cllr Journet’s phone and any other devices when Reform’s Cllr Sam Journet was arrested in September last year over the allegations, for which he was not charged and subsequently faced no further action.
It followed a series of complaints from staff and fellow councillors over filming council officials without their consent using Meta-style smart glasses, and accessing staff-only offices without permission.
During his arrest, Cllr Journet handed his mobile phone to fellow Reform councillor and close ally Zoe Hockton, who is chair of Basildon Reform. It was not retrieved from her during the investigation, apparently owing to a technicality as officers should have seized it at the time. Cllrs Journet and Hockton have been contacted for comment but have not responded.
Cllr Sam Journet is now the Mayor of Basildon, as well as the Cabinet Member for Special Educational Needs on Essex County Council following Reform’s victory there in May.
Cllr Callaghan subsequently complained to police regarding the conclusion of the investigation into Sam Journet for stalking, harassment, and common assault.
He complained that the investigation was beset by a litany of errors, culminating in a decision of no further action. That included the police’s failure to seize the suspect’s phone at the point of arrest.
In February this year, in an email to Cllr Gavin Callaghan, an inspector in the Counter Corruption Unit reported that this failure was “despite officers witnessing him hand it to a political associate, Ms Zoe Hockton, a decision that [Cllr Callaghan believes] directly compromised the integrity of potential evidence.”
The inspector noted Cllr Journet’s comments about the investigation after it had been closed last November.
Cllr Journet had claimed: “Even the police now are coming up to me and saying, ‘Sam, we respect you, we enjoy what you’re doing locally and we support you.’ It was only on Remembrance Day when I had three or four officers come up to me, shake my hand, and say thank you for your contribution to local politics because without people like you we will not see change.”
In correspondence seen by Byline Times, the inspector noted: “An extensive review has been conducted. All available body-worn video footage showing interactions between officers and Cllr Journet on the dates in questions [sic] have been examined [and] no behaviour consistent with the comments referred to has been identified.”
On May 5th the inspector wrote to Cllr Callaghan saying: “The report for your complaint has been submitted for finalisation,” and another update was due at the start of June. This does not appear to have happened.
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Callaghan’s Letter To Police
The formal complaint followed then-council leader Cllr Gavin Callaghan, now in opposition, writing to police on 16th September during the investigation into Cllr Journet last year.
He told Essex Police: “I am writing to demand clarity on the current police investigation into Cllr Sam Journet. When we spoke last week, I made clear my concern that Essex Police appeared to give in to his request to attend council meetings despite the seriousness of the allegations against him. The position remains wholly unsatisfactory, and I need straight answers…
“Has his phone (and laptop) been seized? If not, why not? You yourself acknowledged this was a serious error. How can harassment and stalking be investigated properly without access to his digital communications?”
He claimed to be aware of “25 phone calls and abusive messages” from Cllr Journet to a council officer overseeing standards complaints against him.
“Has the fact he is targeting officers on their personal social media been added to the charges against him?”
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He added: “Is he free to continue posting about individuals named in police statements, including witnesses who may be called at trial? If so, why is this being tolerated while he remains under active criminal investigation?” (To be clear, Cllr Journet had not and has not been charged over this incident and ‘no further action’ was determined).
Cllr Callaghan went on: “I need to know whether Essex Police are truly investigating this matter or simply paying lip service. Journet’s behaviour did not begin last week…To date, Essex Police have appeared unwilling or unable to act decisively and when you did, it was littered with mistakes, from the failure to seize his phone to his poor bail conditions.
“The situation cannot continue. Residents, council officers, and elected members need reassurance that Essex Police are taking this matter seriously…If he was a member of the public the response from the police would be very different. Councillors are not above the law. We should be treated in the exact same way.
“I look forward to your urgent response.”
Police’s Response
A senior police official responded that same day, writing: “In relation to his mobile…I believe it was a mistake for officers not to seize his phone at the time, however, we have no legal power to return and seize it after the fact.
“As he had it in his possession at that time it could have been seized under section 19 of the Police and Criminal Evidence act, but as stalking and harassment are both summary only offences, we have no power to search for those items now.
“It is frustrating that the opportunity was missed and I have already discussed this with the officers concerned. You are welcome to make an official complaint in regards to this if you so wish. As with the phone, this offence type does not give us any power to search for and subsequently seize his laptop.”
On alleged harassment of members of some of those involved in the case, the senior official added that it was for individuals to report “if they feel harassed” and “they will each be assessed based on the information and evidence available.”
“It is for those responsible to report any offences they feel they are victims of. I am not aware of either of the incidents you are referencing being reported, but if they have, we will investigate them. To be clear, Councillor Journet has not been charged with anything at this point.”
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The officer also made clear they could not “curtail Councillor Journet’s right to free speech.”
“Essex Police are taking this matter seriously, as evidenced by the arrest of Journet. I agree that councillors are not above the law and should be treated as every member of the public, which is why the investigation into this matter is being managed alongside a number of other investigations in the officer’s workload and prioritised based on the ongoing threat, harm and risk.”
A spokesperson for Essex Police did not respond to specific questions but told Byline Times: “We have received a complaint relating to an investigation which is being progressed appropriately.
“Separate to this complaint, whilst the reported incident in this case was initially recorded as a crime, it was subsequently declassified as a crime in accordance with national crime recording standards.”
Cache of Complaints
Separately, Basildon Council’s Standards and Privileges Committee — the body responsible for adjudicating complaints about councillor conduct — is currently chaired by Councillor Jeff Noble (Reform UK, Pitsea North West) and vice-chaired by Councillor Eileen Brown (Reform UK, Fryerns). Both are members of the Reform UK group on the council.
While the council will not confirm the exact figure, the committee is understood to have before it dozens of standards complaints involving Mayor Sam Journet.
Councillors Noble and Brown are his party colleagues, with Cllr Noble serving as deputy leader of the very group that Cllr Journet leads.
A complaints-update report from the council ahead of a standards meeting this week (24th June) reveals that EY, the council’s external auditors, identified “high levels of member complaints” as an area of risk requiring urgent attention in their update to the Audit and Risk Committee. And the report states that the Ministry of Housing, Communities and Local Government itself raised concerns about the behaviour of Basildon members with the council’s statutory officers.
A 24th March standards committee meeting, set to discuss two complaints, was not quorate for a key item, with Reform’s Cllr Shields marked as absent. That meant they were deferred, adding further delay to complaints handling.
One complaint, from November, concerns derogatory comments allegedly made in council by Cllr Journet concerning trans people. In a decision notice to refer the complaint to the standards committee, the then-monitoring officer wrote: “There is a potential breach of the Code of Conduct, which needs to be looked into further.
“The Councillor [Journet] suggested that the complaints may be vexatious or politically motivated which has been taken into considered [sic].”
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The Monitoring Officer continued: “However, [I] considered that the allegations are more than minor or trivial, and are capable of amounting to a breach of code. The Monitoring Officer has taken into account Article 10 of the ECHR, incorporated in the Human Rights Act. Councillors have strong rights to free speech, especially on political matters, but these rights are not absolute. They are balanced against duties under the Code to act respectfully and uphold public confidence.”
The Council’s next standards committee on the 24th June will assess these complaints. Opposition councillors fear it could be a whitewash. The meeting will mostly be held in private and nothing is expected will be published unless there is a finding against the councillor in question.
A Basildon council spokesperson told Byline Times: ‘The Council has a properly constituted standards committee which observes the proportional representation of the parties on the council. It is a matter for individual members to declare any conflict of interests and to recuse themselves from speaking/voting on a matter if required.
“Public assurance is strengthened by the role of the Independent Persons appointed to the council who’s views are recorded and taken into consideration in relation to any decisions of the Standards Committee.’
New social media guidance has been issued by Basildon Council, explicitly “developed in response to increasing online noise, arguments and toxicity.” Labour Cllr Emma Callaghan has been the victim of extensive online abuse. At a council meeting on 19th June she says members of the public gallery called for her to be “shot” or “killed”. Comments online have drawn on conspiracy theories to brand her “disgusting”, “vile” and “unfit to be a mother”.
Got a story? Get in touch in confidence on josiah@bylinetimes.com
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