Agenda and draft minutes

Apologies were received from Independent Member Kenton Baker, Councillor Annie Brenton and Councillor Johns.   

Councillor Andrews was present as a substitute for Councillor Johns.  

Chair took the opportunity to  welcome Councillor Hugh Brading (Northam Town Council), this was his first meeting as the Town and Parish Council Representative at Standards Committee.  

Confirmation of the minutes of the Standards Committee held on Wednesday 24 July 2024.

Chair reviewed the minutes with members. 

It was proposed by Councillor James, seconded by Councillor Gibson and –  

Resolved: 

That the minutes of the meeting held on 24^th July 2024 be agreed and signed as a correct record.  

(Vote: For 4, Abstentions 2) 

Members with interests to declare should refer to the agenda item and describe the nature of their interest when the item is being considered.

The Chair asked that declarations of interest be made as and when the specific agenda item to which they related was under discussion.

It was proposed by Councillor Brading, seconded by Councillor James and –  

Resolved: 

That the agenda, as published, be agreed.  

(Vote:  For Unanimous) 

None.

To receive an update from the Head of Legal and Governance (& Monitoring Officer).

The Head of Legal and Governance (& Monitoring Officer) shared  draft changes with members, alongside the process and flowchart for managing complaints currently. It was explained the purpose was to discuss the factors to consider when dealing with complaints.  The documents were used alongside examples of previous complaints to demonstrate the current process and possible improvements.  

The Head of Legal and Governance (& Monitoring Officer) and Members discussed complaint handling and evidence requirements, how the complaint was reviewed before being heard at a Standards Committee, and the role of the Committee in decision making in terms of the Code of Conduct. The role of the Independent Person as mediator was also noted, alongside the work that takes place to explore alternate remedies before proceeding with the formalized route.  

Councillor Johns arrived at the Committee at 10:08. 

Councillor Gubb arrived at 10:15. 

During discussion the following was raised:  

• Whether allowances should be made for political debate in complaints between Councillors. It was felt that a degree of tolerance was required as Councillors were expected to have a thicker skin due to the nature of political debate – however all agreed this should not include foul language or abuse.  

• During discussion, the process for Councillor to Councillor complaints was explained and members reflected on the overall need for respect between members to avoid these types of complaints – the Nolan principles were noted.  

• There was consensus that there was a need for more regular training / annual training on the LGA Code of Conduct and the Nolan principles to reinforce proper conduct. The Head of Legal and Governance (& Monitoring Officer) advised there was currently the training budget for this. 

• There was a discussion regarding public interest and complaints and the need for transparency. The Head of Legal and Governance explained the need for confidentiality when handling complaints, especially before a hearing, to ensure a fair investigation. It was confirmed that complaints would become public if they were brought to Standards Committee Hearing.  

• Following a query, the reasoning behind not investigating complaints against Councillors who are seriously ill was explained.  The role of the Independent Person was highlighted here in terms of the support available.  

• The sanctions process for breaches of the Code of Conduct were discussed and there was agreement that the sanctions currently available to committee needed to be strengthened. The current sanctions available were felt to be inadequate and members noted ongoing lobbying work for legislative change.   

• During discussion it was agreed the Committee would review the complaints procedure and criteria for assessing complaints following some further training for committee members.  

To review the Forward Plan.

To review the Forward Plan.  

Members reviewed the forward plan and the following updates were given: 

• Councillor Dispensation item on 20^th November – this will be removed at the request of the Councillor involved, they are yet to confirm a new date. 

• The Head of Legal and Governance (& Monitoring Officer) requested that Committee review the Hearing Procedure for Standards.  

The Chair to move :

That the public be excluded from the remainder of the meeting because of the likely disclosure of exempt information as defined in )Part 1 of Schedule 12A of the Local Government Act.

It was proposed by Councillor Bach, seconded by Councillor James and –  

Resolved:  

That the public be excluded from the remainder of the meeting because of the likely disclosure of exempt information as defined in )Part 1 of Schedule 12A of the Local Government Act. 

(Vote: For Unanimous)  

To receive a verbal update from the Head Legal and Governance & Monitoring Officer

The Head of Legal and Governance (& Monitoring Officer) provided members with an update. There was a review of a current complaint where Members were given the opportunity to ask questions in relation to the investigation.  

It was proposed by Councillor Bach, seconded by Councillor James and –  

Resolved: 

That the Committee come out of Part II and close.  

(Vote: For Unanimous)