Councillors

Making a complaint about a councillor

What happens once the investigation is concluded

If the investigating officer concludes that there is no evidence of a failure to comply with the member code of conduct

The monitoring officer will review the investigating officer’s report and, if they are satisfied that it is sufficient, they will write to the complainant and to the subject member, notifying them that they are satisfied that no further action is required, and provide both with a copy of the final report.

If the monitoring officer has concerns about the conduct of an investigation or the investigation report, they may ask the investigating officer to reconsider their report. The monitoring officer may consult the independent person about this and the subject member should be informed.

If the investigating officer concludes that there is evidence of a failure to comply with the member code of conduct

The monitoring officer will review the investigating officer’s report and will then either send the matter for local hearing before the Standards Committee or, after consulting the independent person, seek local resolution.

Local resolution

The monitoring officer may consider that the matter can reasonably be resolved without the need for a hearing. In such a case, they will consult with the independent person and with the complainant.

If the complainant does not agree with the suggested resolution, the monitoring officer will take account of their views in deciding, in accordance with the Public Interest Test criteria, whether to proceed with the local resolution or refer it for a local hearing. It is, however, the monitoring officer’s decision.

The purpose of the local resolution is to ensure higher standards of conduct for the future. Such resolution may include the subject member accepting that their conduct was unacceptable and offering an apology or other remedial action by the Authority (or both).

The range of resolutions that can be imposed is wide and each resolution will be tailored to fit the particular behaviour that has resulted in a breach of the member code of conduct, for example, training on a specific issue. The monitoring officer will set a reasonable timescale for compliance with the local resolution.

If the subject member complies with the suggested resolution, within the timescale set by the monitoring officer, the monitoring officer will report the matter to the Standards Committee for information, but will take no further action.

If the subject member fails to comply with the resolution within the timescale set, the matter will be referred to the Standards Committee.

The breach of the member code of conduct and the resolution imposed will be publicised on the subject member’s profile on the Council’s website for a period to be determined by the monitoring officer, which is to be no less than the time required for compliance with any sanction.

If a subject member fails to comply with a sanction in the timescale set, the information will remain on the profile until compliance is achieved.

Local hearing

If the monitoring officer considers that local resolution is not appropriate, or the subject member concerned is not prepared to undertake the suggested resolution, then the monitoring officer will report the investigating officer’s report to the Standards Committee.

The Committee will conduct a local hearing before deciding whether the subject member has failed to comply with the code of conduct and, if so, whether to take any action in respect of the subject member.

The local hearing will normally take place within 30 working days of the decision to proceed to a local hearing being made.

Within five working days of the decision being made to proceed with a local hearing, the monitoring officer shall provide the complainant and the subject member with a copy of the bundle containing the supporting evidence.

The monitoring officer will conduct a ‘pre-hearing process’, requiring the subject member to give their response to the investigating officer’s report, in order to identify what is likely to be agreed and what is likely to be in contention at the hearing. The chair of the Standards Committee may issue directions as to the manner in which the hearing will be conducted.

At the hearing, the investigating officer will present their report, call such witnesses as they consider necessary and make representations to substantiate their conclusion that the subject member has failed to comply with the member code of conduct.

For this purpose, the investigating officer may ask the complainant to attend and give evidence to the Committee. The subject member will then have an opportunity to give their evidence, to call witnesses and to make representations to the Committee as to why they consider that they did not fail to comply with the member code of conduct.

There is no cross examination, but points of clarification can be raised if required. Both the complainant and subject member will be asked to sum up at the end of the hearing.

If the Committee, with the benefit of any advice from the independent person, conclude that the subject member did not fail to comply with the member code of conduct, they may dismiss the complaint.

If the Committee concludes that the subject member did fail to comply with the code of conduct, the chair will inform the subject member of this finding and the Committee will then consider what action, if any, it should take as a result.

In doing this, the Committee will give the subject member an opportunity to make representations to the Committee, and in line with above, with the benefit of any advice from the independent person.

  • The process for the hearing

    Member Standards Hearing Schedule

    Participants

    • Chair of Hearing Panel
    • Committee Members
    • Independent Person
    • Monitoring Officer / Deputy Monitoring Officer or Legal Adviser
    • Investigating Officer (IO)
    • Subject Member and / or Subject Member’s Representative (if any)
    • Witnesses
    • Democratic Services Officer / Clerk

    Stage 1 – Opening the Hearing

    1. Chair opens the meeting, introduce attendees, explain the purpose of the hearing and confirm procedure and order of speaking.
    2. Monitoring Officer / Deputy Monitoring Officer or Legal Adviser to present – confirm hearing is properly constituted, that all attendees have received the reports and evidence. (They will also give advice on any procedural issues)
    3. Chair to check whether there are any declarations of interest, objections to panel membership or procedural questions.

    Stage 2 – Investigating Officer’s Presentation

    1. Investigating Officer’s Presentation – introduce the allegations and explain investigation methodology, summarise the evidence and findings, referring the panel to relevant documentation throughout.

    (IO should not be interrupted- except for clarification through the Chair)

    1. Questions / Clarification from Subject Member or their representative – they may ask about the evidence, investigation and witnesses etc.
    2. The Committee can then pose questions to the IO

    (Legal clarification can be sought if necessary)

    Stage 3 – Investigation Witnesses (each called separately, if being called)

    1. Witnesses of the Investigating Officer – the IO can question their own witness(es)
    2. Questions / Clarification points of witness by Subject Member or their Representative – this could include factual accuracy, recollection of events and / or consistency.
    3. Questions / Clarification points from Committee Members to the witness
    4. Re-Examination by Investigating Officer – limited to matters arising from earlier questions, nothing new may be brought in.
    5. Witness withdraws.

    Stage 4 – Subject Member’s Case and Presentation

    1. An opportunity for the Subject Member or Representative to present their defence – this could include denial of the accusations, further explaining actions, any procedural concerns, and / or provide any mitigation relevant to findings.
    2. An opportunity for the Investigating Officer to question / ask clarification questions of the Subject Member – questions may focus on disputed events, inconsistencies, documents and witness evidence.
    3. Panel Questions – Panel Members question the Subject Member.
    4. Re-Examination – Subject Member or their representative may ask questions only to clarify matters arising from earlier questions.

    Stage 5 – Subject Member Witnesses

    For each separate witness:

    1. The Representative or Subject Member may question their own witness.
    2. Questions / Clarification – the Investigating Officer may question the witness.
    3. Committee – may ask questions of the witness.
    4. Re-Examination – by Subject Member or Representative. Restricted to matters arising from questions.
    5. Witness withdraws.

    Stage 6 – Closing Submissions

    1. Investigating Officer – summarises their case.
    2. Subject Member/Representative – summarises their case in response to the IO, they can outline any findings not accepted and may offer mitigation.

    Stage 7 – Deliberation & Determination on Breach of the Code of Conduct & Sanction

    1. Independent Person – Chair formally invites views of Independent Person before determination.
      B. Determination – The committee retires to consider and determine whether a breach of the Code of Conduct has occurred.
    2. Consider Sanctions – If the Committee concludes that there is a breach, they will move on to consider what sanctions, if any, should be imposed upon the Subject Member.

    Stage 8 – Final Decision

    Chair announces the findings, setting out the Committee’s determination on breach of the Code of Conduct and imposes sanction(s), if any, on the Subject Member. (sanctions include formal censure, recommendation for apology, training, removal from committees or appointments (where within council powers) and publication of findings.

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