Agenda item

To give the Committee a presentation and guidance update on decisions and actions taken nationally.

The Monitoring Officer presented a guidance update on conduct complaint decisions and actions taken nationally.

The Monitoring Officer’s external case review covered the following:-

“Clear frustration” within Councils on limited powers remaining

·      The Committee on Standards in Public Life (CSPL) had called upon the Government to reconsider its position on the powers of local authorities to sanction councillors for poor behaviour.

·      The Chair of the CSPL, Lord Evans had written to then Levelling Up Secretary of State, Simon Clarke, stating that he was very disappointed that many of its careful recommendations had not been accepted.

·      The local government sector had backed the call to strengthen the arrangements in place to support high ethical standards.

Common factors in recent auditor interventions nationally

·      Grant Thornton in its update report September “Lessons from Public Interest Reports” had found weaknesses in council cultures (e.g. poor behaviours, lack of transparency); and weaknesses in governance (e.g. a circumvention of governance procedures, poor quality review and decision making).

·      Failure to address and resolve relationships difficulties between senior officers and Members.

·      Intimidating cultures, culture of secrecy and in some cases, an overuse of confidential or delegated action reports, which reduced openness and trust in leadership and corporate culture.

·      Limited understanding of declarations of interest and of gifts and hospitality registers, not being monitored.

·      Lack of appreciation of the Nolan principles and the requirements of the Members’ Code of Conduct.

·      Lack of understanding in how complaints against Members should be handled.

·      Failure to adequately support whistle-blowers also suggested a council that is not open to challenge, Grant Thornton argued.

·      Number of recommendations suggested in relation to culture and governance.

Civility and Respect Pledge launched for Local Councils by the NALC

·      “There were growing concerns about the impact of bullying, harassment and intimidation on local councils, councillors, clerks and council staff and the effectiveness of local councils. By signing the pledge the relevant Council “agrees that the council will treat councillors, clerks, employees, members of the public, and representatives of partner organisations and volunteers with civility and respect in their roles” … with a package of actions.”

Council meetings & the passing of HM Queen Elizabeth II

·      National Mourning Guidance

·      Did local government legislation prevent councils holding meetings or affect the ability to give notice of meetings?

·      The period of public mourning was declared by the Earl Marshall, the Duke of Norfolk

·      A day could be declared as a bank holiday, by the King by proclamation, but only the day of the funeral was so declared

·      NALC took a different view to the LGA as to the notice period and holding of meetings during the period of National Mourning

Pre-action protocol letter (for a potential Judicial Review) contesting breach finding

·      A Councillor alledged that a District Council’s Code of Conduct assessments regarding comments he had made online amounted to a "clear serious breaching" of his human rights.

·      Eden Council found that the Councillor had breached the Code of Conduct over posts on Twitter & his blog.

·      However, the Councillor had argued that the content of the Twitter post was: "not aligned to my role as a councillor and was a personal expression of a view and opinion".

Welsh Councillor disqualified from holding office for 3 years

·      Found to have breached the code of conduct; 5 separate incidents concerning false accusations and posting misinformation online about fellow Councillors.

·      A tribunal, convened by the adjudicator for Wales, had found no basis for the statements and that they had wilfully misinformed people and discredited colleagues in a harmful way.

·      Wales has a different sanctions regime to England.

Welsh Councillor disqualified for 2 years

·      Town Councillor barred from holding office for two years after he declared he was eligible to stand for election even though he had a criminal record, which disqualified him from running under the Local Government Act 1972.

·      The Ombudsman’s report alleged that the former Councillor (he had resigned once a national newspaper had published a news story referencing the conviction) had misled the council as to his eligibility to be a councillor and that his dishonesty, both when signing the declaration of acceptance of office and during the time he acted as councillor (a period of two years), was a serious abuse of office.

The Committee thanked the Monitoring Officer for her presentation and duly noted the foregoing.