Agenda and draft minutes

Venue: Committee Room - Town Hall, Station Road, Clacton-on-Sea, CO15 1SE. View directions

Contact: Bethany Jones Email:  bjones@tendringdc.gov.uk or Telephone  01255 686585

Items
No. Item

1.

CHAIR

Minutes:

In the absence of the Chairman of the Committee (Councillor J Henderson), the Chair was occupied by the Vice-Chairman (Councillor Talbot).

2.

Apologies for Absence and Substitutions

The Committee is asked to note any apologies for absence and substitutions received from Members.

Minutes:

Apologies for absence were submitted on behalf of Councillor J Henderson (with no substitution), Councillor Land (with no substitution), Sue Gallone (one of the Council’s Independent Persons) and Sheila Murphy (one of the Council’s Independent Persons).

3.

Minutes of the Last Meeting pdf icon PDF 431 KB

To confirm and sign as a correct record, the minutes of the meeting of the Standards Committee, held on Wednesday, 9 April 2025.

Minutes:

It was moved by Councillor Alexander, seconded by Councillor Codling and unanimously:-

 

RESOLVED that the Minutes of the meeting of the Committee held on Wednesday, 9 April 2025 be approved as a correct record and be signed by the Chairman.

4.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests of Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

 

Minutes:

There were no Declarations of Interest made on this occasion.

5.

Questions on Notice pursuant to Council Procedure Rule 38

Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

Minutes:

No Questions on Notice had been submitted by Members pursuant to Council Procedure Rule 38 on this occasion.

6.

Report of the Monitoring Officer - A.1 - Review of Tendring District Council's Members' Licensing Guidance for Councillors and Officers pdf icon PDF 363 KB

To enable the Committee to consider the outcome of the review of the Licensing Guidance for Councillors and Officers carried out by the Monitoring Officer and her team.

 

To seek the Committee’s approval that members of the Licensing and Registration Committee, the Portfolio Holder for Assets and Community Safety, Officers responsible for licensing services in the Governance and the Environment & Housing Directorates and the Independent Persons be consulted on the draft revised Licensing and Registration Probity Protocol.

Additional documents:

Minutes:

Members recalled that, at its meeting held on 24 October 2024, the Committee had agreed the Revised Work Plan that had included a review of the Council’s Licensing Guidance for Councillors and Officers to be carried out to ensure it was adhering to the best practice and it was easy to follow. The review conducted had researched various examples of such protocols from other Councils and the outcome had resulted in a revised approach with the first step being to refer to the document as the ‘Licensing and Registration Probity Protocol’. Whilst a protocol for licensing matters had been located, it would have been adopted some considerable time ago and it therefore required a review.

 

The Committee was made aware that the Officer report (A.1) set out initial proposals arising from a review by the Monitoring Officer and, following consideration by the Committee, sought its approval to consult with members of the Licensing and Registration Committee, the Portfolio Holder for Assets and Community Safety, the Officers responsible for licensing services in the Governance and the Environment & Housing Directorates and the Independent Persons on the draft revised Licensing and Registration Probity Protocol.

 

Following the discussion of the Committee, it was moved by Councillor Alexander, seconded by Councillor Doyle and unanimously:-

 

RESOLVEDthat:-

 

a)    the outcome of the review of best practice to produce a revised Licensing and Registration Probity Protocol be noted;

 

b)    the consultation be undertaken on the draft revised Licensing and Registration Probity Protocol; and

 

c)    the outcome of the consultation be reported to the Standards Committee for its consideration prior to recommendation on to Full Council for adoption and inclusion in the Council’s Constitution.

7.

Report of the Corporate Director (Law & Governance) & the Monitoring Officer - A.2 - Members' Code of Conduct Complaints Procedure Review pdf icon PDF 330 KB

To present the Standards Committee with a proposed updated Complaints Procedure, reflecting best practice and case law for dealing with allegations that a Member has breached the Code of Conduct, for consideration for approval.

Additional documents:

Minutes:

Members heard that the Council had approved the Standards Framework with effect from November 2013 and which had included a Complaints Procedure. The Complaints Procedure referred to a hearing in paragraph 7.1.2 and that it would follow procedures setting out how the hearing would be conducted. That Hearing Procedure had been reviewed by the Committee in April 2024.

 

The Committee was informed that the purpose of the Complaints Procedure was to set out the framework as to how a complaint alleging a breach of the Members’ Code of Conduct would be dealt with. The review was being conducted as it was important to ensure the Council’s procedures reflected best practice and were up to date.

 

Members were made aware that the proposed amendments considered points raised by members of the Standards Committee and the Council’s Independent Persons following a workshop with Officers reviewing the Complaints Procedure; such as strengthening and clarifying the investigation process should an alleged breach be determined for investigation by the Monitoring Officer and the process following the decision to be referred to the Standards Committee for a hearing.

 

Following a discussion by the Committee, it was moved by Councillor Doyle, seconded by Councillor Codling and unanimously:-

 

RESOLVED that the Committee:-

 

a)    notes the contents of the draft amended Complaints Procedure, as set out in Appendix A and the associated flowchart in Appendix B of the Officer report (A.2);

 

b)    recommends the draft Complaints Procedure, as set out in Appendix A of the Officer report (A.2) to Full Council for its approval and immediate adoption;

 

c)    recommends to Full Council that it approves a delegation to the Standards Committee to amend the Complaints Procedure, following future reviews, for efficiency purposes and especially in readiness for Local Government Reorganisation preparation; and

 

d)    endorses the Terms of Reference of the Standards Committee being amended to reflect the decision of Full Council.

8.

Complaints Update and National Policy Changes pdf icon PDF 375 KB

The Committee will receive the Monitoring Officer’s update regarding standards complaints and an update to the National Policy changes.

Minutes:

The Committee had before it the Monitoring Officer’s update on existing and new conduct complaints cases.

 

TENDRING DISTRICT COUNCIL MONITORING OFFICER UPDATE JULY 2025

 

Council

Complainant

Current status

Final outcome

Comments

Existing Cases from last update:

 

Council

Complainant

Current status

Final outcome

Comments

TOWN

PUBLIC – received 05 Dec 2024

ONGOING

Investigation – internally appointed Investigator

 

Matter relates to use of social media.

TOWN

PUBLIC – received 05 Dec 2024

ONGOING

Pending

Matter relates to public statements on the Town Council’s website.  Relates to Town Council rather than individual Councillors.

 

PARISH

PARISH COUNCILLOR – received 05 Mar 2025

ONGOING

Investigation – internally appointed Investigator

Matter relates to behaviour between Parish Councillors whilst acting in an official capacity.

 

DISTRICT

PUBLIC – received 11 Mar 2025

ONGOING

Investigation – internally appointed Investigator

 

Matter relates to communications between parties.

 

TOWN

PUBLIC – received 02 April 2025

CLOSED

No further action

Matter relates to behaviour whilst acting in an official capacity.  Also relates to a long running dispute between parties in which resolution should be sought between parties.

 

TOWN

PUBLIC – received 02 April 2025

CLOSED

No further action

 

Matter relates to behaviour whilst acting in an official capacity. Also relates to a long running dispute between parties in which resolution should be sought between parties.

 

New Cases since last update - two

 

General Notes – 2025/26 Summary: 

 

Overall, three cases had been received so far in 2025/26. 

Since the last update, one case remained being investigated by an internally appointed investigator, with a further two assigned to this investigator.  One case remained ongoing, and two cases had been closed with no further action.

 

Requests for dispensations and other matters: 

 

One dispensation had been granted by the Monitoring Officer for the purpose of the meeting of the Planning Committee on 13 May 2025.  Advice had been given by the Monitoring Officer in respect of a potential request for a dispensation and upon discussion the Councillor had decided not to formally request a dispensation.

 

Members’ Code of Conduct training - training had been conducted by the Monitoring Officer at the All Members’ Development Session on 18 June 2025.

 

Members’ Declaration of Interests – Reminders had been given to all Members present at the above meeting, and through electronic communication to all Members, that Disclosable Pecuniary Interests, Other Registerable Interests and Non-Registerable Interests must be updated annually and within 28 days of any change.  The Council’s External Auditors had previously made reference to outstanding updates.  At the time of writing, two Councillors remained outstanding in providing any such update.

 

 

The Committee NOTED the foregoing.