Agenda and draft minutes

None received.

Confirmation of the minutes of the Standards Committee meeting held on 28 February 2024.

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

Resolved:

That the Minutes of the meeting held on 28 February 2024 be agreed and signed as a correct record.

(Vote:  For 4, Abstentions 1)

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 confirmed there were no Part II items.

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

Resolved:                                                   

That the agenda, as circulated, be agreed.

(Vote:  For  Unanimous)

There were no urgent matters.

To receive the report of the Head of Legal and Governance (& Monitoring Officer)

The Head of Legal and Governance (& Monitoring Officer) advised members that a link to the report had been shared prior to the meeting and went on to summarise the case and outcomes, as set out in the report.

Members were asked for their opinions regarding what the Council’s response would be in a similar situation. During discussion members were in agreement that there should be something in place to avoid a similar occurrence in the future.

Following member queries, further detail regarding the case and investigation was shared from the report.  Members highlighted the obvious safeguarding concerns, and reflected that safeguarding young people and children should always be the priority.

Councillor Johns joined the meeting at 10:08.

During discussions members were advised that the Councillor in question continued in their role and carried out civic functions whilst the investigation was ongoing. Further, that other Councillors at East Devon had felt they were let down by the process and that the public had also been let down. 

The Head of Legal and Governance (& Monitoring Officer) advised members that once someone was charged it became easier for the Council to form a response.

Members felt that the Monitoring Officer should have the ability to share some detail of investigations where there were safeguarding concerns, so that any mitigation or contingency measures could be put in place. It was felt to be a huge responsibility to share safeguarding concerns with a Monitoring Officer and then require confidentiality.

Members asked about the suspension measures for officers and councillors in these situations. It was confirmed that there was a clear procedure in terms of officers and safeguarding, however current legislation meant that there was no power to suspend a Councillor.

Members reiterated their concern regarding ongoing safeguarding for the public and the council’s responsibilities and duty of care. The need for the Monitoring Officer to be able to consult with a panel or others and sanction in these cases was also re-stated.

It was confirmed that both the Chair and the Vice Chair had lobbied for change. It was explained that the Local Government Association (LGA) also plan to raise concerns with the new Government and lobby for legislative change on sanctioning and standards within Local Government.

Members noted the report.

To receive the report of the Head of Legal and Governance (& Monitoring Officer)

The Head of Legal and Governance (& Monitoring Officer) explained that the purpose of the report was to advise members in respect of advice from Devon & Cornwall Police.

Members were advised that Devon & Cornwall Police had a new protocol in place for responding to members who are a victim of crime related to their position as a Councillor.

It was explained that the new protocol was due to the increasing number of reports of Councillors being subjected to abuse, threats and public intimidation.  It was also explained that under reporting of incidents was also thought to be an issue that needed to be addressed.

Members were advised that the protocol would cover family members if the report related to someone’s role as a Councillor. 

It was explained that individuals were still required to report the crimes via 999 or 101 and there would be no preferential treatment due to their role.  However, the report would be ‘red-flagged’ and the Monitoring Officer would now be able to follow up if a Councillor was not happy with the response.

Members felt this was a positive arrangement but noted the potential responsibility for the Monitoring Officer.

It was asked if the Monitoring Officer had been notified of incidents against Councillors, and the Head of Legal and Governance (& Monitoring Officer) confirmed yes.

Members discussed personal experience and the Head of Legal and Governance (& Monitoring Officer) advised members to keep a diary of any events and explained she was available to discuss any concerns.

Members were advised that slander and liable were civil matters and that the Head of Legal and Governance (& Monitoring Officer) was available regarding this too.

It was confirmed that the report would go to Full Council and the protocol would also be shared with members following the meeting.  It was agreed it would also be shared with the Parishes.

Members noted the report.

To review the Forward Plan.

Members reviewed the Forward Plan and advised that the complaints process was being reviewed and would be brought to the September Committee.

Members were asked if they had any additions and advised they could share suggestions for future committee dates following the meeting too.

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

Members were advised there were no updates for Committee.

There was a query relating to a complaint made by a member of the Committee and an update was provided. The resolution was queried, so it was agreed that follow up on the complaint would be picked up with the member following the Committee.