Agenda item

To consider a report from the Director of Legal, People and Governance (Monitoring Officer) on the Strengthening the Standards and Conduct Framework for Local Authorities in England and to provide a response to the Council’s position.

The Committee had before it, a report * from the Director of Legal, People and Governance (Monitoring Officer) outlining the Government Consultation, Strengthening the Standards and Conduct framework for Local Authorities in England.

The Director of Legal, People & Governance (Monitoring Officer) outlined the content of the report with particular reference to the following:

• An overview of the Government consultation on proposed changes to the Local Government Standards Regime. The consultation, titled "Strengthening the Standards and Conduct Framework for Local Authorities in England," sought to gather views on a range of reforms aimed at enhancing the effectiveness and fairness of the standards system.
• For the Committee to consider the Government consultation and to provide feedback on the Council’s position.

The following was discussed:

• The National Mandatory Code of Conduct would be necessary to ensure consistency and transparency across all levels of Local Government.
• The Code of Conduct to be rooted in the seven Nolan principles.
• The current process was managed well and would not see it necessary to have a Government wide Code of Conduct.
• There should be a national minimum standards for Local Authorities.
• The consistency across Town and Parishes that may use the same Code of Conduct as this Council.
• Individual’s accountability relied on their cooperation and the importance of engaging with the process.
• Standards Committees were potentially open to be misused, therefore to have an independent external Local Government Ombudsman to deal with complaints would be of benefit? 
• How was the Standards Committee dealt with years ago from a national level before all of the changes?
• Vexatious complaints that had no evidence should be triaged by the Monitoring Officer rather than all complaints going to a Standards Committee.
• The Code of Conduct had no power within it.
• If complaints were heard by the Standards Committee then it should not have to go to Full Council after, as the Standards Committee Members had the relevant training.
• Councillors should not be judging or policing other Councillors, the independent body should be dealing with this.
• Complaints were currently dealt with informally if possible.
• Only cases in which a Member would be found guilty of wrongdoing should it then be published.  This would also depend on the seriousness of the conduct. All investigations should be concluded even if the member resigned before the conclusion of the investigation.
• The average number of complaints against elected Members were 10 over a 12-month period.
• If Members had breached the rules within the Code of Conduct they should be suspended.
• If Members were to be suspended from duty, who would represent their ward and their casework? A form of recall mechanism should be in place, therefore if a Member had been suspended then it would trigger an election. The electorate should decide who they wished to stand as their Member to represent them.
• A discussion regarding suspension and the protocols and processes in place to represent their residents whilst absent from office would have to take place.
• The time limit on the maximum length of suspension would be 3 months.
• If a Member was under investigation for a serious matter and under police investigation would the 3 month period for suspension be long enough?
• Allowances should not be paid to those Members that were suspended.
• To implement a ban to the Council’s premises and facilities for Members that were suspended. If there were to be a serious allegation in order to protect others, it must be a neutral act for a period of investigation.
• An interim suspension should be applied to investigate the complaint as swiftly as possible.
• Re Disqualification for 5 years - this would be depending upon the allegations and seriousness of the matter.
• If a Member was in prison would they still receive an allowance?
• If a Member had a suspended sentence would they be able to stand as an elected Member?
• Discussion around the right to appeal and processes in place and the timeframe that this may take.
• A review mechanism for a decision to be reviewed from an external body.

It was therefore RESOLVED that the Standards Committee RECOMMENDED to Full Council that:

1. The Council notes and provides feedback on the Government Consultation;

2. The Director of Legal, People & Governance (Monitoring Officer) be delegated to respond to the Government with the Council’s response.

(Proposed by the Chair)

Note: * Report previously circulated.