Context
This protocol is to be used when conducting investigations into standards allegations under the Localism Act 2011. It should be read in conjunction with the Council’s arrangements for dealing with standards allegations under the Localism Act 2011.
Steps of the investigation initial decision
The monitoring officer will review every complaint received and take a decision as to whether it merits formal investigation. This decision will normally be taken within 10 working days of receipt of the complaint. The monitoring officer must consult with the independent person before deciding whether a formal investigation should be undertaken.
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. This will be sent to the:
- complainant
- member against whom the complaint was made
- investigator
If the monitoring officer decides that the complaint merits investigation, investigators will be appointed.
Investigation procedure
At the beginning of the investigation an investigation plan will be completed by the investigators overseen by the monitoring officer. The plan will identify key dates, behaviour alleged, the relevant parts of the code of conduct, issues for determination, evidence required or obtained and the witnesses to be interviewed.
When witnesses are interviewed, a statement will be taken from them which they will be able to check and sign.
It is likely that the subject member will be interviewed at the end of the investigation; however this will be decided on a case by case basis. The interview may be tape recorded or recorded on MS Teams if the interview takes place remotely, unless the subject member objects to this. This ensures that there is no ambiguity as to the matters discussed in interview.
The investigation will be reviewed on a fortnightly basis by the investigators, in consultation with the monitoring officer. The investigation review sheet will be completed on each occasion.
If at any point during the investigation, the investigating officer forms the opinion that the investigation should cease, they will consult with the monitoring officer, who may consult the independent person and take a decision to stop the investigation at any stage. The monitoring officer will complete a decision notice to cease an investigation.
Completion of investigation
At the end of their investigation, the investigating officer will produce a draft report and will send a copy of that draft report, in confidence, to the monitoring officer.
The monitoring officer, if satisfied with the report, will then send the draft report to the complainant and the subject member within five working days.
At this stage, the complainant and the subject member can identify any matter in that draft report which they disagree with or which they consider requires more consideration and will be given a period of 10 working days to comment on the draft report.
Having received any comments, the investigating officer will assess them and complete a comments assessment form.
Once the investigating officer has completed this analysis and made any necessary amendments to the report, the investigating officer will send their final report to the monitoring officer.