To present the Standards Committee with a report on the opportunity to reflect on the internal consultation recently undertaken on the Standards Hearing Procedure and to endorse further work from Officers on reviewing the associated Complaints Procedure and production of a flow chart to assist once a matter is referred for hearing.

It was reported that the Standards Committee framework was responsible for the function of Standards Hearings, be it whether held by the Standards Committee for District Councillor complaints or a Sub-Committee for Town and Parish Councillor complaints.

Members heard that matters reaching the Standards Hearing Procedure arose from complaints received under the Council’s Members’ Code of Conduct complaints procedure and followed a finding of a breach of the Members' Code of Conduct.

The Committee was reminded that in April 2024 the Committee had 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. Full Council had previously approved the Standards Framework with effect from November 2013, which had included a Complaints Procedure. The Complaints Procedure referred 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.

Members were told that at its April 2024 meeting the Committee had been also informed that the 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 that was due to be held in May 2024, it was felt important by the Monitoring Officer to ensure that the Council’s procedures reflected best practice and were up to date. The Standards Committee had subsequently approved the amended Hearing Procedure for immediate adoption for both the Standards Committee and the Town and Parish Councils’ Sub-Committee.

Officers also told Members that the opportunity for a further review of the Standards Hearing Procedure came after a Standards Hearing was conducted in May 2024 where the procedure was utilised and had been put through a ‘stress test’, having been infrequently used as the necessity had not arisen. The Hearing Procedure had not failed and was robust in its application, however there were some operational matters prior to the Hearing which would be addressed in the process, once a matter was referred for a hearing by the Monitoring Officer. Subsequently, informal discussion sessions had taken place with Members of the Standards Committee and Independent Persons, with their views and subsequent amendments reflected within the Officer report and within the Standards Hearing Procedure as appropriate; whilst still reflecting the Standards Framework and Terms of Reference of the Standards Committee.

Finally, Members heard that once the proposals had been considered by the Standards Committee through a formal decision, further work could be undertaken on the documentation for approval.

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

RESOLVED that the Standards Committee:-

a)    notes the contents of the Officer report and endorses the proposals as set out therein;

b)    requests that Officers further review the Council’s Complaints Procedure, proposes amendments as necessary and produces a flowchart detailing the process following an investigation being concluded to referral for a hearing, where evidence of a breach has been found; and

c)     requests that Officers then present a revised Council’s Complaints Procedure, Standards Hearing Procedure and flowchart to a future meeting of the Committee.