When the monitoring officer has taken a decision, they will inform the complainant of their decision and the reasons for that decision. The monitoring officer must consult with the independent person before deciding whether or not a formal investigation should be undertaken.
Where the monitoring officer requires additional information in order to come to a decision, they may request further information from the complainant, and may request information from the subject member against whom the complaint is directed.
The subject member, may speak to the independent person at any stage in the process. This could be to provide a view on the complaint itself, the process under which the complaint will be dealt with or to provide a view on any other query the subject member may have relating to the complaint.
An independent person’s role is not to act as an ‘advisor’ to the subject member. The independent person cannot tell a subject member what to do, but is able to give their views on the facts of the case, on the alleged breach and the process.
Local resolution
In appropriate cases, the monitoring officer may seek to resolve the complaint informally, without the need for a formal investigation. Such informal resolution may involve the subject member accepting that their conduct fell short of the usual standards expected and they offer an apology, or other remedial action.
Where the subject member or the authority make a reasonable offer of local resolution, but the complainant does not agree with that offer, the monitoring officer will take account of those views, in consultation with the subject member, in deciding whether the complaint merits formal investigation.
The monitoring officer will complete a decision notice, whether or not a matter is to be investigated, which will outline the reasons for the decision.
The monitoring officer will normally only decide to investigate a complaint about alleged conduct that happened within six months of the date of receipt of the complaint.