To:      Council

15 September 2021

                                                                                                                                                      

 

Standards Annual Report

Executive Director – Delivery: Legal Services

1          Purpose of Report

1.1       The attached report (APPENDIX A) advises Council of activity within its Standards framework from 1 April 2020 to 31 March 2021 

2          Recommendation

2.1       That the Standards outputs in 2020/21 as set out in (APPENDIX B) of this report be noted.

3          Reasons for Recommendation

3.1       To keep Council appraised on an annual basis of activity relating to its Standards Regime 

4          Alternative Options Considered

4.1       None.

5          Supporting Information

5.1       The Standards Framework comprises a number of elements including the code of conduct for Councillors, rules around disclosure of interests, procedure for dealing with complaints and sanctions for breach. Until its dissolution in November 2016 responsibility for oversight of the Standards Framework vested in the Standards Committee. Subsequently this has transferred to the Governance & Audit Committee.  

 5.2      The attached report appraises the Council of Standards related activity from 1 April 2020 to 31 March 2021.  

6          Consultation and Other Considerations

Legal Advice

6.1       The Borough Solicitor is the author of this report.

Financial Advice

6.2       There are no financial implications arising from this report.

Equalities Impact Assessment

6.3       The potential for an equalities impact is considered throughout the process – it is weaved throughout the Code of Conduct and the process to respond to complaints including consideration of how participants are involved in the investigation and hearings as appropriate.

Strategic Risk Management Issues

6.4       Complaints about elected representatives and dissatisfaction with how the Council manages the Standards Framework represents a potential reputational risk, not only for the individual concerned but for the Council. This risk is been mitigated by current process which is managed by the Borough Solicitor which provide a clear response to any concerns raised.

Climate Change Implications

6.5       The recommendations in Section 2 above are expected to have no impact on emissions of CO2.

The reasons the Council believes that this will have no impact on emissions is that it relates to concluded standards activity and future investigations will be conducted remotely were appropriate.

Background Papers

 

None

 

Contact for further information

 

Sanjay Prashar, Borough Solicitor, Delivery – 01344 355679

Sanjay.Prashar@bracknell-forest.gov.uk       

 

 

 

 

STANDARDS ANNUAL REPORT 2020/21

 

1.         The Council’s Standards Committee was dissolved in 2016 and its functions incorporated into the terms of reference of the Governance and Audit Committee.

 

 Complaints

 

2.         Under the current procedure for the handling of complaints alleging a breach of the Code of Conduct for Members, a complaint is first considered by the Monitoring Officer.  The options available to the Monitoring Officer at that stage are:-

 

-               refer for investigation

 

-               refer for some other form of action (“other action”)

 

-               determine that no further action is required.(“no action”)

 

3.         If a complaint is referred for investigation the ensuing report is considered by the statutory Independent Person and the Monitoring Officer.  At that stage the options are:-

 

-               refer to a Code of Conduct Panel for consideration.

-               refer for resolution by some other form of action (e.g. if the investigation finds that there has been a breach and the Member agrees to apologise)

-               no further action required (investigation finds no breach which conclusion is agreed by the independent person and Monitoring Officer)

 

4.            In the period between 1 April 2020 and 31 March 2021 the Monitoring Officer received 9 complaints alleging breaches of Codes of Conduct for Members. The grounds of each complaint and its outcome are set out in the table attached (Appendix B)

 

5.            In each case where no action was taken this decision was preceded by consultation with the Independent Person (Dr Louis Lee) before being shared with the Complainant and subject member. In accordance with a protocol adopted in 2016, the Party whip was also notified. Whilst the table reflects the growing trend of relatively low level complaints it should be noted that unusually, three of the complaints were of sufficient seriousness to necessitate an investigation.

 

6.            It should be further noted that one of the three complaints investigated, involving a Parish Councillor, resulted in a Code of Conduct Panel hearing following the outcome of an extensive investigation into alleged bullying behaviour towards an employee of the Parish Council. This is only the second occasion since the current Standards Framework was introduced in 2012 that a complaint has proceeded to a Panel Hearing. Moreover, it is the first that has resulted in an outcome of breach with the imposition of sanctions including censure as well as recommendation of code of conduct refresher training and removal from committee roles. The Councillor was subsequently the subject of a no confidence motion against him that was adopted by the Parish Council. He has subsequently been expelled from the Conservative Party and is serving as an Independent for the remainder of his term of office.

 

Previous years data

 

Year

No. of Complaints

Upheld

2008/09

0

0

2009/10

6

2

2010/11

1

0

2011/12

2

0

2012/13

4

0

2013/14

6

0

2014/15

5

0

2015/16

2

0

2016/17

7

0

2017/18

6

0

2018/19

8

1

 

6.            Whilst the adequacy of sanctions within the Standards regime continues to attract debate nationally there are currently no proposals flowing from the Ministry of Housing, Communities and Local Government to introduce further legislation.

 

7.            It will be noted that one of the recommendations flowing from a report of the Committee for Standards in Public Life (CSPL) published in January 2019 was for the Local Government Association “to create an updated model code of conduct, in consultation with representative bodies of councillors and officers of all tiers of local government.”  

 

8.            The LGA’s Code drafting timetable envisaged a draft Code being released for a 6 week consultation from 16 March 2020 with a final version being published at the launch of the LGA annual Conference in Harrogate on 30 June. However, this work was delayed due to the impact of Covid 19 and the draft was in fact issued for consultation in June.  A final model Code was subsequently published by the LGA in late December 2020. It is for individual Authorities to determine whether to adopt it. Whilst the Governance & Audit Committee considered the Council’s existing Code in June 2019 pursuant to the recommendations of the CSPL and determined that no changes were necessary this determination will need be reviewed in the light of the publication of the Model Code. A Code of Conduct Panel will be convened for this purpose with its recommendations being referred to the Governance and Audit Committee within the next 6 months.

 

  

Councillors are reminded of their duties both in respect of the rules relating to the registration and disclosure of Interests set out in the Code of Conduct and their behavioural obligations under the Code.   

 

 

Appendix B

 

 

Date of

Complaint

Status of

Complainant

Borough or Parish Councillor

Grounds of Complaint

Outcome

1

2 April

2020

Resident

Borough

Failing to treat complainant with respect

Code breach- informal resolution (apology)

2

31 August 2020

Resident

Borough

Failing to make decision on merit

 

Failing to declare DPI or AI

 

Improperly using his position to secure an advantage for himself or others or to disadvantage another person

No further action as no evidence of breach

3

11 September 2020

Employee

 Parish

Bringing the council or the office of councillor into

disrepute

 

Failing to treat complainant with respect

 

Bullying complainant

 

Discriminating against complainant on grounds of gender

Investigated and breach established by Code of Conduct Panel. Various sanctions imposed

4

28 September 2020

 Parish Councillor

 Parish

 Improperly using Council resources

 

Improperly using  position to secure and advantage for themselves

Complaint investigated-No breach found. No further action

5

12 October

2020

Resident

Borough

Failing to treat complainant

with respect,

 

 

Informal resolution to potential breach of Code

6

3 November 2020

 Resident

 

Borough

Bringing the Council or office of Councillor into disrepute

No breach- No further action

7

26 January 2021

Resident

Borough

Bringing the Council or office of Councillor into disrepute

Not acting in official capacity.

No further action

 

8.

12 March 2021

Resident

Borough

By discriminating against me and/or others

 

By failing to make a decision on merit

 

By improperly using their position to secure an advantage for themselves and/or others or to disadvantage another person

No breach found. No further action

9.

20 March 2021

Resident

Borough

By bringing the council or the office of councillor into disrepute

 

By compromising or acting in a way likely to compromise the impartiality of those working for or on behalf of the council

No breach found. No further action