Archived decisions

Contact: Jeff Pattison ext. 7321; e-mail [email protected]

1 Summary

1.1 This report suggests that the Standards Committee adopt a procedure recommended by the Standards Board for England on how it will deal with complaints of misconduct made to the Standards Board, investigated by them and forwarded to the Standards Committee for Hearing and Determination.

2 Background

2.1 In June 2003 the Government enacted the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003. These Regulations were brought into force on the 30^th June 2003. The effect of the Regulations so far as the Standards Committee is concerned is to allow them to hear complaints of Member misconduct which have been made to the Standards Board, investigated by them and therefore the subject of a Report from the Ethical Standards Officer but then forwarded to the Standards Committee for it to hear the complaint and reach a determination. This is a new power given to the Standards Committee.

2.2 It should be noted however that the Standards Committee does not at the present time have power to investigate complaints of a breach of the Code of Conduct which have been referred to the Standards Board. The Government is proposing enacting further Regulations which will allow the Standards Board itself to refer complaints to the Standards Committee and Monitoring Officer for investigation, hearing and determination. These Regulations are anticipated to be enacted by the end of 2003 or early 2004.

2.3 As a result of the Local Determination Regulations being enacted, the Standards Board for England produced Guidance for Monitoring Officers and Standards Committees in July 2003. For completeness and to ensure that each member of the Standards Committee has a copy of this Guidance a copy is attached for the consideration of members. The Guidance gives an explanation of the procedure it recommends should be followed in the event that any complaint against a County Council member is referred by the Standards Board to the Standards Committee for hearing and determination. In this context it should be noted that the statutory framework requires Standards Committees to take into consideration Guidance issued by the Standards Board.

2.4 Of particular relevance is the Model Hearing Procedures for Standards Committees contained at Appendix 2 of the Guidance. It is considered that this Model Procedure can be recommended to the Standards Committee for adoption. This Model Procedure will only be relevant for those complaints made to the Standards Board which have been considered by them, investigated by the Ethical Standards Officer and a Report produced by the Ethical Standards Officer for consideration by the Standards Committee. When the next set of Regulations are enacted which will allow the Standards Committee to also investigate complaints referred to it by the Standards Board it is anticipated that a further procedure protocol will need to be adopted and that this will replace the protocol which was considered and adopted by the Standards Committee at an earlier meeting.

3. Recommendation

3.1 That the Standards Committee adopt the Model Hearing Procedure contained in Appendix 2 of the Guidance Notes produced by the Standards Board for England for those complaints which have been investigated and reported on by the Standards Board and remitted to the Standards Committee for hearing and determination.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclose exempt or confidential information as defined in the Act.

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