An independent advisor has warned the standards panel that cleared Warwickshire County Council leader George Finch of a conduct breach that "endorsing" his actions towards chief executive Monica Fogarty could have dire consequences.

Ray Tomkinson, the independent person appointed advise the panel at Monday's hearing (July 20), described the actions of Cllr Finch as "almost unprecedented" in his 60-plus years of local government, highlighting the "probability" that further problems would arise from a no-breach finding.

Ms Fogarty, Shire Hall's most senior staff member, filed a formal complaint after being publicly vilified by senior Reform figures, including leader Nigel Farage MP, for not taking down the Progress Pride flag as requested by Cllr Finch in late June 2025.

Cllr Finch went on to criticise the decision and the manner in which council officials were not prepared to comply with orders from elected officials.

An independent investigation, conducted by solicitor Claire Ward of Anthony Collins LLP, found that Cllr Finch had breached the council's code of conduct by failing in a constitutional commitment signed up by all councillors to "value colleagues and staff and engage with them in an appropriate manner".

He was found not to be directly responsible for the backlash that went Ms Fogarty's way but Ms Ward argued that the leader should have engaged with her request to discuss the flag issue in person, and in particular once the attacks on Ms Fogarty escalated.

Cllr Finch argued he was within his rights to communicate with Ms Fogarty solely via email and while he had been forthright, he felt he had acted with professionalism.

The panel of county councillors – Cllr Yousef Dahmash , Cllr John Waine and Cllr Richard Dickson – voted two-one against Ms Ward's findings, clearing Cllr Finch of any breach.

That call was made despite having heard Mr Tomkinson's observations, views that were met with quizzical expressions from panel chair Cllr Dahmash.

"The report is clear that there has been a breach in one area," said Mr Tomkinson.

"The report was based on a detailed investigation and you should give appropriate weight to that.

"The voice of the complainant (Ms Fogarty) deserves to figure high in your consideration. We have heard this afternoon – and indeed it was set out in the report – the impact that the failure (to engage) had on the complainant.

"I particularly refer to some of the words about the complainant feeling effectively isolated and demonstrably ostracised.

"Also high in your consideration must be the reputation of the county council. What is described in the report is, in my experience of local government of over 60 years, almost unprecedented.

"Immediately on taking leadership, Councillor Finch undertook actions that he could not (have failed to realise) would have cumulatively undermined the council's most senior officer, potentially leading to a breakdown of the good governance of the council.

"Endorsing that action through a no-breach finding risks, in my view, further erosion of public confidence in the council's ability to manage its affairs."

During the hearing Mr Tomkinson asked Cllr Finch how he had sought to improve relations with Ms Fogarty since, later declaring himself "concerned" that Cllr Finch was "unable to indicate" what actions the leader had taken.

"I remain concerned that the evidence of this breach has gone unnoticed," said Mr Tomkinson.

"There is the risk, indeed the probability, that at some further point an incident of this kind may occur yet again, thus imperiling the good governance of the council.

"The report suggests there are now good relationships between the leader and chief executive, and this has been confirmed today, although no concrete evidence has been given.

"However, this should not allow you to ignore the clear evidence of what took place and the immediate impact it had.

"Although I understand Councillor Finch cannot be made liable for the actions of others based upon the release of evidence (emails over the flag issue) to the wider public through Reform UK, you cannot ignore more widely the unfortunate attention it brought to the council."