Meeting documents

Standards Committee
Monday, 27th November 2006

Present

Chair

D Hawkins

Councillors

A Bridson, WJ Davies, SR Mountney

Deputy

DS Kirwan (for Cllr SL Rowlands)
PTC Reisdorf (for Cllr Jean Quinn)

Co-opted members

Mr J P Haywood, Mr KD Jones

Apologies

Mrs L M Rodgers

Index to Minutes

Minute 16 - APPOINTMENT OF INDEPENDENT MEMBER

Minute Text :

The Chair welcomed Mr Kenneth Jones, whose appointment as an Independent Member had been confirmed by the Council following an interview with a panel of the Committee.

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Minute 17 - DECLARATIONS OF INTEREST

Minute Text :

The members of the Committee were invited to consider whether they had a personal or prejudicial interest in connection with any of the items on the agenda and, if so, to declare it and state the nature of such interest. No declarations were made.

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Minute 18 - MINUTES

Minute Text :

The Head of Legal and Member Services reported that the minutes of the previous meeting, held on 25 September 2006, had been submitted to the Council meeting on 30 October and accepted without amendment.

Minute Decision :

Resolved - That the minutes be received.

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Minute 19 - MATTERS ARISING

Minute Text :

Further to minute 12, the Head of Legal and Member Services reported on what action the Council might be able to take in respect of vexatious complainants. He was still awaiting guidance from the Information Commissioner. However, he had been advised by the Ombudsman that it was in order not to respond to offensive or defamatory correspondence. However, the Ombudsman was reluctant to exclude an individual wholly from the process in case any new grounds for a complaint were not considered.

Members discussed the issue in general terms and a number of points were made, including:
- the suggestion that the Council should adopt a more robust approach to complaints that were considered vexatious in order to avoid the large amount of time taken in dealing with them;
- the need to recognise the Council's duty to protect its employees from the stress caused by insulting and potentially libellous correspondence;
- the need, at the same time, to take account of a complainant's state of mind;
- and the need to bring an end to cases that are judged to be vexatious.

Further to minute 15, the Head of Legal and Member Services circulated two reports that he had prepared for earlier meetings of the Council's Executive Board on probity in partnerships. He was currently canvassing all outside bodies with which the Council had dealings, and particularly those to which the Council appointed representatives, with a view to submitting a comprehensive report in February. That report would take account of recommendations from the Audit Commission that the Council should have adequate arrangements in place to ensure the legality of transactions involving its external partners that might have significant financial consequences. Thereafter, the matter would be reported annually to the Council.

Minute Decision :

Resolved -

(1) That the Head of Legal and Member Services report back to the next meeting on any further information obtained from the Ombudsman and on any examples of how other local authorities might have dealt with vexatious complainants.

(2) That the Head of Legal and Member Services make further enquiries regarding the pilot scheme for ensuring probity in partnerships currently operating in Manchester.

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Minute 20 - LOCAL GOVERNMENT OMBUDSMAN'S ANNUAL LETTER - ACTION PLAN

Minute Text :

Further to minute 13 (25/9/06), the Head of Legal and Member Services reported on progress in implementing an action plan to reduce the time taken to respond to Ombudsman complaints. He reported on the outcome of a meeting with the Assistant Ombudsman, who had been involved in the preparation of the Annual Letter. The latter had not felt it appropriate for members of the Committee to attend that meeting. In relation to the time taken to deal with complaints, the Ombudsman service had accepted that the times quoted in respect of the three longest delays had not been as long as originally stated (albeit that the delays were still considered to be unacceptable). The point had been made, particularly in relation to the time allowed for dealing with complaints about parental appeals, that no allowance was made for postal delays (for example, a 14-day period could be reduced to eight days). As a result, the Assistant Ombudsman had indicated that in future, complaints would be transmitted by e-mail.

With regard to training, the Assistant Ombudsman had been advised of the proposal for 15 key staff involved in processing complaints to undergo training. He had also been made aware of how disability issues were being addressed in the context of parental appeals training.

Minute Decision :

Resolved -

(1) That the Committee note the actions that have been taken and the Local Government Ombudsman be notified accordingly.

(2) That the Local Government Ombudsman be asked to provide the training course “Effective Complaints Handling” for up to 15 key staff, as soon as practicable.

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Minute 21 - WORKPLAN FOR 2006/07

Minute Text :

Further to minute 15 (25/9/06), when it was agreed that consideration of a committee workplan would be deferred pending the outcome of the Annual Assembly of Standards Committees, the Head of Legal and Member Services expressed his disappointment that what he felt were the two key issues for the Committee had not yet come to fruition. They were the introduction of the new Model Code of Conduct, which it was understood would not be available until May 2007, and detailed procedures for the local determination of complaints, which were not expected until Spring 2007.

Mr Haywood reported on his attendance, with Mr Jones, at a recent meeting of independent members in Wigan. An update on Standards issues had been provided, including
- information that the number of referrals to the Stardards Board had dropped;
- there was likely to be a delay in production of the Model Code of Conduct;
- a recognition that monitoring officers would require more resources for local investigation of complaints, particularly with a view to separating potential conflicts of interest among legal staff;
- an explanation of how the local filter (the first stage after a complaint is received) would operate and the need to have a consistent approach across all local authorities. It was understood that a sub-committee of members should be used to act as the local filter, with another carrying out the investigation;
- confirmation that there should be an independent Chair of investigation panels;
- a right of appeal, though to where that might be referred had still to be settled;
- the Standards Board would retain an interest if a complaint involved an inter-party conflict.
He understood that there would be a limited time for consultation when any documents relating to those issues were published.

All members of the Committee accepted that there were significant issues for all members of the Council, and it would be necessary to acquaint them, together with any co-opted members, about what was involved at the earliest possible opportunity. The Head of Legal and Member Services pointed out that arrangements were in hand for all members to be briefed on the implications of the new White Paper "Strong and Prosperous Communities" (see also minute 22 below), and he suggested that any training on the Model Code of Conduct should be carried out in that context.

Minute Decision :

Resolved - That the Head of Legal and Member Services make enquiries to ascertain more clearly the timescale for the introduction of the Model Code of Conduct and procedures for dealing with local complaints and to ensure that all members of the Council, together with any co-opted members, can be fully briefed on those issues.

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Minute 22 - WHITE PAPER: "STRONG AND PROSPEROUS COMMUNITIES"

Minute Text :

The Committee's attention was drawn to the terms of the recent Government White Paper "Strong and Prosperous Communities" and in particular to those issues relevant to the Committee, contained in Chapter 3 of the document (Effective, accountable and responsive local government).

Minute Decision :

Resolved - That the document be noted.

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(Minutes Published: 15 December 2006)