Agenda item

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

The Committee considered a proposed updated Hearing Procedure that reflected best practice and case law, and which would supplement the Council’s Complaints Procedure for dealing with allegations that a Member had breached the Code of Conduct.

It was reported that the Council had approved the Standards Framework with effect from November 2013, which had included a Complaints Procedure.  The Complaints Procedure made reference to the hearing in paragraph 7.1.2 and that it would follow the relevant procedures setting out how the hearing would be conducted.  The purpose of the document was to ensure that all parties understood the process which would be followed at the hearing and to assist the Chairman to conduct a fair and proper hearing.  When a hearing was convened, a copy of the procedures would be set out with the Report.

The Committee was informed that the current Hearing Procedure had been approved by the Standards Committee in March 2014 and in consideration of the length of time since its adoption and with a Hearing pending, it was felt important by the Monitoring Officer to ensure that the Council’s procedures reflected best practice and were up to date.

Members were made aware that the proposed amendments covered the expectation that the purpose of the Hearing was to consider the Investigator’s Report, the evidence in support and representations from the Parties.  The process of the hearing was inquisitorial, and not adversarial.  The purpose of the hearing was to establish the facts.  Cross-examination of the Investigating Officer, the Councillor and witnesses was not permitted, and all questions should be made through the Chairman.

Members were advised that evidence before the Committee might be given orally or by written statement.  At any stage during the proceedings the Committee could request the attendance, in person or by joining remotely, of any person making a written statement or any other person they consider would be able to assist them, but the Committee had no power to require the attendance of any person.  Local Authorities’ committees were legally permitted to join third parties remotely so long as the decision makers were present in person.

The Committee was reminded that the Standards Committee would make its decision on the balance of probability, based on the evidence before it during the hearing.

Members were aware that all Hearings would be held in public unless the relevant paragraph of Schedule 12A of the Local Government Act 1972 applied, however the public interest test must be considered and therefore it would only be in exceptional circumstances that the hearing would be held in private.  The Council’s Monitoring Officer would provide the relevant advice.

Members noted that the Standards Committee was required to take into account the views of an Independent Person before it made its decision on an allegation, which had been investigated (Section 28(7) of the Localism Act 2011).  Those views should be given in the formal meeting, prior to the Committee retiring to deliberate, therefore small amendments were required to the Hearing Procedure to ensure that an Independent Person did not retire with the Committee (following best practice and supported by case law).

It was also pointed out that where District Councillors were required to make a decision in respect of a hearing held by the Town and Parish Sub-Committee, they would have due regard to, and take into account any views expressed by, the Town and Parish Councillor members of that Sub-Committee in reaching their decision.

Having duly considered the proposed amended Hearing Procedure and in order to ensure that the Council’s Hearings Procedure followed best practice and case law:-

It was moved by Councillor Newton, seconded by Councillor J Hendersonand:-

RESOLVED that the Committee –

(a)    notes the contents of this report; and

(b)    approves the amended Hearing Procedure, as set out in the Appendix to the Monitoring Officer’s report (A.2), for immediate adoption for both the Standards Committee and the Town & Parish Councils’ Standards Sub-Committee.