The Solicitors Regulation Authority (SRA) has refused to take any further action - despite new evidence - following their initial rebuke of "equalities", “diversity” and "ethical" Solicitor, Mark Greenburgh.
The first complaint
In 2016 Sandwell Council (currently in Government "Special Measures” following serious governance issues) appointed Greenburgh (without open tendering and despite a legal services contract with another firm) to investigate allegations of fraud and other wrongdoing. At the time, he was a Partner at the firm now known as Gowling WLG but, at the time, popularly known locally as "Wragge's". The investigation focused primarily on two Labour Councillors, both of whom were deemed to be enemies by the Council's (then) Labour Leader. One was of Asian heritage and a Muslim. At the time Greenburgh self-described himself on Twitter as “a committed Zionist”, but this was not seen as any obstacle to his appointment.
During the course of the investigation Greenburgh made the grotesque comment that the disability of the Muslim Councillor's daughter was the result of "inbreeding" within that community. Jan Britton, the subsequently disgraced Chief Executive of the Council, described this outrageous statement as a "quip". The Councillor complained to the SRA as did a local blogger.
The handling of the first complaint
The SRA eventually issued a mild rebuke to Greenburgh in June, 2018 which was not published until February, 2019. It seems the SRA informed the Councillor of the outcome, but not the blogger. The SRA found that the comment was “capable of causing offence” but made no comment whatsoever in respect of its racist nature. It is clear from the correspondence that the “inbreeding” slur was the only matter adjudicated upon.
The blogger raised the racism issue with the SRA which refused to comment further on the evidence in the case and refused to comment on the ethnic make-up of the adjudicating panel.
In 2021 the SRA was made aware of other allegations surrounding Mr Greenburgh’s now infamous report but, in or around 2022, removed the original rebuke from its public records. Thus there was no mention of the deeply unpleasant nature of the slur in the SRA’s finding and they have gone on to wipe the slate clean despite being aware of other concerns and evidence.
The “Cox Review”
There had been a number of serious questions arising from Greenburgh’s Report and Sandwell Council undertook a review - known as “the Cox Review” - into the whole affair. These other issues are of serious public concern but, mostly, not relevant to this article. Sandwell is a Labour fief which has been mired in corruption for some years - hence the Government intervention. When the Cox Review was completed it was damning. But following a change in the local Labour Leadership, the Party decided to suppress its publication (having itself leaked the original Wragge Report despite an ongoing High Court action). This decision to hide the Review was seemingly backed enthusiastically by Mr Mark Stocks of Grant Thornton, the Council’s supposedly independent auditor. The current Leader, Kerrie Carmichael, openly lied in a full Council meeting that she did not even know what the Cox Review is! Nevertheless, it was leaked to the public.
The Review makes disturbing reading for a number of reasons but there was considerable concern that Greenburgh’s vile “quip” was not the isolated incident as previously portrayed by Jan Britton and others.
The second complaint
A further complaint was submitted to the SRA based on the new evidence contained in the leaked “Cox Review” and included other issues as well - not least that the disgraced Britton had been secretly communicating with Greenburgh and his Assistant (still at Wragge’s) “off the record” (something Britton failed to mention in evidence in an associated High Court case and nor did Sandwell Council give discovery of these communications within those proceedings).
The Review disclosed other “quips” from Greenburgh which, as the Reviewer put it, could be perceived to be racist e.g. suggesting that all men with a Muslim name associated with the enquiry were “relatives” of the Councillor; questioning whether the Qur’an ordained that Muslim men could own pubs; suggesting that a Muslim couple may have deliberately had more children to increase the likelihood of a housing upgrade and that the female in the relationship may not have had “a choice” in this matter.
A further complaint was made to the SRA since most right-thinking people would also view that these comments are racist and likely to cause offence (which, in fact, they did). The SRA completely ignored the question of Wragge’s using secret communication channels when dealing with a sensitive “anti-fraud” report and the second complaint got no further than an office-based decision. The Investigation Officer concluded that the additional allegations (if proven) would not have affected the outcome of the rebuke given in the first complaint (which, as above, made no comment on the racist nature of an alleged isolated, single, “quip”). The SRA said there would have been no difference in the sanction despite the later evidence (which had been deliberately suppressed by the Council) indicating that the slur was not an isolated comment and that Greenburgh was reported as making similarly offensive remarks whilst acting as a Solicitor. Any further investigation, said the SRA, would be “disproportionate”. There is no right of appeal.
Comment 1
This is good news for bent Councils and errant lawyers whom the SRA appear to be saying can use the likes of WhatsApp, Telegram to conceal communications from councillors, council employees, the ICO, the public who are their ultimate paymasters, and even from the Courts.
Racist remarks will only merit a slap on the wrist even where they are not, as Labour Sandwell initially claimed, “isolated quips” and steps are taken to conceal other such vile remarks.
Comment 2
Despite the rebuke, and the Cox Review, Mr Greenburgh denies wrongdoing and that he is “racist”. Incredibly, Greenburgh is Chair of a charity, The Diversity Trust. Less surprising given the facts set out above and the supine actions [sic] of the SRA, he is on a Law Society Committee in the City of London and a member of The City of London Solicitors’ Livery Company - in other words, “one of the boys”.
Despite the appalling racist comments (and many other problems with Greenburgh’s Report) Gowling WLG (Wragge’s) have steadfastly refused to refund their considerable fees, either to the taxpayers of dirt poor Sandwell or to a Muslim charity.
The considerable offence caused by Wragge’s (and by Grant Thorntom for their perceived involvement via Mark Stocks in the suppression of the Cox Review) has led to demonstrations outside their respective Birmingham offices.
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