Issue - meetings

Summary of Complaints Made Under Members' Code of Conduct

Meeting: 28/02/2012 - Scrutiny Programme Board (Item 29)

29 Complaints Made Under the Members' Code of Conduct pdf icon PDF 75 KB

In accordance with minute 21 (4 January 2012), a summary of complaints made under the Members’ Code of Conduct, which had been considered by the Standards Committee on 29 September 2011 (minute 12 refers) was circulated to Members by email. The summary information is attached for Members’ consideration.

Minutes:

The Scrutiny Programme Board considered an updated summary of complaints made against Wirral Councillors where it had been alleged that the Council Members’ Code of Conduct had been breached.  Members noted the detail of these complaints.  Some complaints were still in the process of being dealt with and Members received a progress report on each of them.

 

RESOLVED:

 

That the updated summary of standards complaints and progress being made be noted.


Meeting: 29/09/2011 - Standards Committee (Item 12)

12 Summary of Complaints Made Under Members' Code of Conduct pdf icon PDF 93 KB

Additional documents:

Minutes:

A report by the Director of Law, HR and Asset Management provided Members with a summary of the complaints made against Wirral Councillors where it had been alleged that the Council Members’ Code of Conduct had been breached.

 

Members noted that the Scrutiny Programme Board had also considered this report at its meeting on 8 September 2011 and had resolved, amongst other things, ‘That the Standards Committee be recommended to put in place proper timescales and a monitoring regime for dealing with complaints’.

 

The Local Government and Public Involvement in Health Act 2007 (“the Act”) had provided, among other things, for a revised ethical framework for local government.  The implications of this Act had been reported to the Committee at its meetings on 28 January and 31 March 2008 (Minute No. 32 and 39 refers). 

 

The relevant provisions were brought into force on 8 May 2008 by the Standards Committee (England) Regulations 2008 (“the Regulations”).  The Act had made a number of key changes to the ethical framework under which local authorities were required to operate. These were:

 

  • Standards Committees would be responsible for receiving allegations made against Members and deciding whether any action should be taken (referred to as ‘local assessment’).
  • Standards Committees must be chaired by an independent member.
  • Standards Committees would report periodically to the Standards Board for England now Standards for England (“SfE”).
  • The SfE will be responsible for monitoring and ensuring the effectiveness of local arrangements, including supporting authorities which are experiencing difficulties and driving up their performance.

 

The Council had approved the requisite changes to the Council’s Constitution at its meeting on 14 July 2008, namely amendments to the Committee’s Terms of Reference which also included new terms of reference for Initial Assessment, Review and Hearings Panels as required under the Act.

 

The Committee had previously expressed dissatisfaction with delays in dealing with Standards complaints. In response to this, the Director of Law, HR and Asset Management had submitted a report which had been considered by the Committee at its meeting on 26 January 2011 seeking approval for a Local Protocol on Local Assessment and Investigation of Allegations of Misconduct by Members (Minute No. 28 refers).  The aim of the Local Protocol had been to improve the manner in which allegations and complaints were handled and processed.

 

The Committee had gone on to express concern that delays in dealing with standards complaints were unacceptable for all parties concerned.  However, Members had been of the view that the timescales within the draft Local Protocol were not sufficiently clear and that there was a need for ‘non-complex’ complaints to be dealt with within six months of receipt of the complaint.  Members had also questioned, notwithstanding any amendments required, whether adoption of a Local Protocol should be deferred whilst clarity on the implications of the current Localism Bill was provided.  Members had also suggested that officers should explore possible collaborative working arrangements in respect of standards matters with neighbouring local authorities.  In the  ...  view the full minutes text for item 12