Agenda item

To enable the new membership of the Standards Committee to familiarise themselves with the Council’s Standards Framework and to be introduced to the Committee’s work plan for the 2023/24 Municipal Year.

The Committee considered a report, which enabled the new membership of the Standards Committee to familiarise themselves with the Council’s Standards Framework and to be introduced to the Committee’s work plan for the 2023/24 Municipal Year.

Members were reminded that Full Council, at its meeting in November 2022, had adopted the Local Government Association’s Model Members’ Code of Conduct, for the purposes of Sections 27 and 28 of the Localism Act 2011.  This had commenced from the Annual Council meeting in May 2023.

It was reported that Section 28 of the Localism Act 2011 also required the District Council to have in place arrangements under which allegations could be investigated and in November 2013 Full Council had approved, and adopted, the Standards Committee’s Terms of Reference and a package of procedures and protocols.  Those collectively formed the District Council’s Standards Framework.

The Committee was informed that Council Procedure Rule 33.3 (Training Members of the Audit, Licensing and Registration, Planning and Standards Committees) stated that:-

•    In addition to specific training required as and when necessary, training shall be provided to all Members appointed to the Audit, Licensing and Registration, Planning and Standards Committees on an annual basis at an appropriate date and time after each annual meeting of the Council and such training shall be mandatory. The Monitoring Officer shall define what is meant by the word “mandatory” and they will also decide whether the training offered/provided is/was sufficient and “fit for purpose”.

•    A Member cannot sit as a member of the Standards Committee unless they have received specific training with regard to the Hearings Procedure and participation in Hearings

Members of the Standards Committee would receive the relevant hearing procedure training prior to any hearings if scheduled.

The Committee was reminded that the seven elements of the Council’s Standards Framework were as follows:

i.     The Members’ Code of Conduct

ii.     The Terms of Reference and Delegated Powers for the Standards Committee and the Town and Parish Council’s Sub-Committee

iii.    The annual work programme adopted by the Committee

iv.   The Monitoring Officer Protocol

v.    The Independent Person’s Protocol

vi.   Member and Officer Relations Protocol

vii.   The Complaints Procedure

With the exception of (iii) above, the Code, Protocols and Complaints Procedure were all contained within Part 6 of the Council’s Constitution.  The Terms of Reference of the Committee and the Town and Parish Councils’ Standards Sub-Committee and the annual work programme were included as Appendices A and B respectively to item A.1 of the Reportof the Monitoring Officer.

Members were advised that the overall approach of the arrangements was to seek:

•      Information and training for Members and Officers to increase awareness and support good standards of behaviour

•      Proportionality – responses to complaints which were proportionate to their seriousness

•      Timeliness – with clear timescales for the various stages of complaints to be progressed

•      Checks, balances, reporting requirements and delegation to the Monitoring Officer of key elements of the process to maximise independence from the political process

•      Early and informal intervention to resolve complaints wherever possible (including an expectation that Group Leaders will play a key role)

It was suggested that, in order to enable the Committee to focus on promoting high standards of conduct as well as reacting to complaints, Members might reference the annual work programme for the Committee for the 2023/24 Municipal Year.  The Committee noted that throughout the year Members received various reports reflecting on good practice in maintaining and upholding high standards of conduct to assist Members in being proactive in the exercise of its statutory duty.  Members of the Committee could also make a request to the Chairman of the Committee and/or the Monitoring Officer for items to go on the agenda throughout the year, so long as it they were within the Committee’s terms of reference.

The Committee’s attention was further drawn to Appendix C, which was an update by the Monitoring Officer to inform the Committee of details of those Members who had attended the new Members’ Code of Conduct training; of which various sessions had been held following the election in May 2023.  Those District Councillors who were also Town and Parish Councillors could be recorded as attending the mandatory training for both roles as the content was applicable to their dual role.  Invitations had been sent to all 27 Town and Parish Councils, offering two training dates, of which 12 had had a selection of Councillors who had attended the training. 

It was recommended to the Standards Committee that consideration be given to the communication to the Town and Parish Councils who had adopted the LGA Model Code of Conduct, which stated at Paragraph 8 that all Councillors must attend Code of Conduct training provided.

The Chairman highlighted the number of parish and town councils who had not attended the mandatory code of conduct training and expressed his concern and disappointment at this.

A Member suggested that consideration be given to a more central location in the District for future code of conduct training events as she was aware that some elderly parish/town councillors were reluctant to drive very far in the evenings.

Another Member stated that she was aware that a number of parish councils had been in a state of ‘confusion’ following the elections in May 2023, which had possibly contributed to the non-attendance. She asked if further code of conduct training events could be offered which could potentially be in the daytime.

The Monitoring Officer informed Members that she would be content to put on another two code of conduct training events either daytime and/or in the evening and that she would also be happy to investigate holding them in a different part(s) of the District.

It was moved by Councillor J Henderson, seconded by Councillor Ferguson and:-

RESOLVED that –

(a)    the contents of both the Officer report and Appendices A and B thereto be noted;

(b)   the one hundred percent achievement of elected Councillors attending the mandatory Code of Conduct training following the elections in May 2023 be welcomed;

(c)    the Monitoring Officer be requested to write to the Town and Parish Councils in the District of Tendring who have adopted the LGA’s Model Code of Conduct, to remind them that at Paragraph 8 it is stated that all Councillors must attend the Code of Conduct training provided; and

(d)    the draft of the letter referred to in resolution (c) above be circulated to the members of the Committee for their comment before it is sent out to the Town and Parish Councils.