Archived decisions

Standards Committee

12 September 2008

Procedures for Assessment, Investigation and Determination of Complaints under the Members' Code of Conduct

Report of the Clerk

1

Summary

1.1

Under new legislation taking effect on 8^th May this year, Standards Committees are now responsible for the receipt and initial assessment of a complaint that a Member has failed to comply with the Code of Conduct. This legislation requires Standards Committees to publish details of the procedures it will follow in the handling of such complaints. This report proposes draft procedures for approval.

2

Background

2.1

Members are referred to the previous item on the agenda for today's meeting, which sets out the background to the recent changes in legislation.

3

The Need for Procedures

3.1

Regulation 10(3) of the Standards Committee (England) Regulations 2008 ("the Regulations") requires each Standards Committee to publish in such manner as it considers appropriate details of the procedures that it will follow in relation to any written allegation received. In assessing, investigating and determining complaints, it is important that the procedures which apply are clearly understood by all parties, and ensure fairness to both the complainant and the member the subject of the complaint. Having such procedures should enhance the confidence of the public and members, and reduce the scope for further complaints to be received about the handling of any particular allegation.

3.2

The draft procedures attached have been prepared to ensure compliance with the Regulations and the Guidance issued by the Standards Board for England.

4

Recommendation

4.1

That subject to any comments Members may have, the draft procedures be approved.

5

Equality Impact Assessment

5.1

An impact assessment has been made on the proposals in the paper and shown that they are not discriminatory. They are considered compatible with the provisions of the European Convention on Human Rights, the Human Rights Act 1998 and the Race Relations (Amendment) Act 2000.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose the 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.

N.B. The list excludes:

Published Works

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

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