Agenda item

At the request of full Council, to reconsider the Standards Committee’s previous recommendation to amend the Complaints Procedure.

There was submitted a report (A.1) by the Monitoring Officer which, at the request of full Council, asked the Committee to reconsider its previous recommendation to amend the Complaints Procedure.

The Committee was aware that the Standards Framework included the Complaints Procedure (contained within the Members’ Constitution Booklet) and that Section 5 of the Complaints Procedure set out how an investigation was to be conducted and under Section 5.6, that the investigation report must contain a conclusion as to whether the evidence supported a finding of failure to comply with the Code of Conduct.  Annex E of the Complaints Procedure set out the Investigation Procedure.

Members were also aware that, if an investigation concluded that there was no evidence of a failure to comply with the Code of Conduct, the Council’s Complaints Procedure at Section 6.1 provided the Monitoring Officer with the authority, in consultation with the Independent Person, to decide no further action was required.  In such circumstances, the Monitoring Officer would notify the Standards Committee.

At the meeting of the Committee held on 26 September 2016 (minute no. 14 referred) Members had been made aware that the current procedure, which had been adopted by full Council in November 2013, did not provide the Monitoring Officer with any discretion to refer a matter to the Standards Committee, if they considered an investigation was finely balanced.  In most cases, an investigator would have a clear conclusion as to whether any evidence existed of a failure to comply with the Code of Conduct but, in rare circumstances, this might not be the case. The Monitoring Officer, in consulting colleagues in other authorities, had found that their Councils had provided them with a discretion to refer to the Standards Committee, if they personally felt it was necessary to do so.

Therefore, at that meeting and following discussion, the Standards Committee had decided, inter alia, to:

“(f) Recommend to Council to amend the Complaints Procedure, as set out in the Constitution to allow the Monitoring Officer, at their own discretion and, in exceptional cases, following consultation with the Chief Executive and the Chairman of the Standards Committee, to decide to refer cases to the Committee for determination where the outcome of an investigation was to recommend no breach of the Code of Conduct.”

The Committee was reminded that, at the meeting of Council held on 22 November 2016, when that recommendation was being considered (minute 83 referred) Councillor Calver had moved an amendment, which was seconded by Councillor Bray, that to have the ongoing confidence of the entire Council it required the possibility of any political interference to be removed and that the recommendation would be safer and stronger if any consultation was between the Chief Executive and the Monitoring Officer with no involvement of the Chairman of the Standards Committee.

Following those concerns raised by Members with respect to the original recommendation of the Standards Committee and pursuant to Council Procedure Rule 16.6 (Alteration of Motion), Councillor Stock, with the consent of both the meeting and his seconder, (Councillor Heaney), indicated that he was prepared to alter his motion so that it read as follows:

(a)  that the minutes of the meeting of the Standards Committee held on 26 September 2016, as circulated, be received and noted; and

(b)  that consideration of the recommendation to Council, as contained in Minute No.14 (resolution (f)) of the Standards Committee of 26 September 2016 be deferred and that the matter be referred back to the Standards Committee for reconsideration.

Councillor Calver and Councillor Bray had both then agreed to withdraw their amendment and Councillor Stock’s altered motion was then approved.

The Standards Committee were therefore requested to reconsider their proposed amendment to the Complaints Procedure taking into account the concerns raised at the meeting of full Council on 22 November 2016.

Having discussed the matter, it was moved by Councillor Heaney, seconded by Councillor Nicholls and:

RECOMMENDED TO COUNCIL that the Complaints Procedure, as set out in the Constitution, be amended to allow the Monitoring Officer, at their own discretion and, in exceptional cases, following consultation with the Chief Executive, to decide to refer cases to the Committee for determination where the outcome of an investigation was to recommend no breach of the Code of Conduct.