Agenda item

This report provides an annual review of the complaints received pursuant to, and a review of the Members’ Code of Conduct Complaints procedure.

Biancia Robinson, Senior Constitutional & Governance Lawyer,introduced a report providing an annual review of the complaints received pursuant to the Complaints Procedure and a review of the Members’ Code of Conduct.

In considering the report the Committee noted:

·                 The summary of complaints received in the last 12 months, as detailed in section 3.2.4 and Appendix A of the report.

·                 During this period, the Corporate Director Governance, as Monitoring Officer, had received and made determinations regarding six councillors allegedly in breach of the Members Code of Conduct.  Of these complaints three had been resolved at Initial Assessment stage and three had been resolved at the Assessment Criteria stage with the main finding at Initial Assessment stage detailed in section 3.2.9 of the report and main recurring factor in escalation to Assessment Criteria stage outlined within section 3.2.10 of the report.  None had been upheld as a breach of the Code of Conduct.  Three had been subject to a review request which had not been upheld and none had been escalated to hearing/formal investigation stage.

·                 The overview of the complaints procedure provided within section 3 of the report and consistency produced as a result of the detailed procedure and assessment criteria.

·                 Whilst no substantive changes had been recommended as a result of the review of the Member Code of Conduct Complaints Procedure, three clarification amendments had been proposed (as detailed within section 3.2.14 and Appendix B of the report) which related to:

Ø   the addition of an indicative time frame of six months for the submission of complaints to the Initial Assessment Criteria which it was noted was already being used in practice;

Ø   further clarity regarding the applicability of the confidential request provisions; and

Ø   amendments to reflect changes in post titles within the Council’s organisational structure.

It was noted that the proposed changes would not alter the procedure being followed from current practice and would not require formal approval by the Audit & Standards Committee.

Having considered the report the Committee was then invited to raise any comments/questions, which are summarised below:

·             In response to a query about the level of training provided for members in relation to the Member Code of Conduct Complaints Procedure, confirmation was provided that this formed part of the mandatory element of the Members Learning & Development Programme with further assurance on member attendance and completion of all mandatory training elements within the programme also being provided for the Committee as part of the regular Standards Update report.

·             Having sought further clarification on the reason for the proposed addition of the six-month time frame within the Initial Assessment Criteria, the Committee was advised that this had been designed to encourage the submission of complaints within what was felt to be a reasonable timescale and one that was also in line with the LGA Guidance on the LGA modelcode and would, it was felt, also support the investigation process.  In response to comments raised, the Committee was assured that inclusion of the indicative time frame within the criteria would be clearly communicated as part of the regular guidance issued on the complaint’s procedure.

·             In order to assist in the monitoring of the complaints procedure the Committee also felt it would be helpful, as part of future monitoring reports, for an outline to be provided on any trends being identified in terms of complaints and outcomes, which Debra Norman, as Corporate Director of Governance, advised could be provided on a periodic basis.

·             The opportunity was also taken to highlight concerns regarding the increasing level of harassment being experienced by elected representatives with details sought on the type of support being made available in these instances.  In response, Debra Norman advised of the additional guidance provided for local councillors in relation to safeguarding their personal safety and support made available for those raising issues of specific concern which the Committee were also keen to kept under review.

As no further specific issues were raised the Chair thanked officers for the report and it was RESOLVED to note the contents of the report and support the clarification amendments to the Members Code of Conduct Complaints Procedure outlined within the report with no recommendations identified regarding any more substantial changes for formal referral to the Audit and Standards Committee.