Response ID
ANON-VGFQ-8E7J-J
APPENDIX 3
Submitted to Strengthening the standards and
conduct framework for local authorities in England
Submitted on 2025-02-25 10:38:37
Scope of this consultation
Ministerial foreword
Background: Standards and Conduct framework and
sanctions arrangements
Who we would like to hear from
Personal data
About you
1 In what capacity are you responding to this
consultation?
A council body
Local authority type
Please indicate the local authority
type:
County Council
If other, please specify:
Strengthening the Standards and Conduct
framework
2 Do you think the government should prescribe a
mandatory minimum code of conduct for local authorities in
England?
Yes
If no, why not?:
3 If yes, do you agree there should be scope for
local authorities to add to a mandatory minimum code of conduct to
reflect specific local challenges?
Yes – it is important that local authorities
have flexibility to add to a prescribed code
4 Do you think the government should set out a
code of conduct requirement for members to cooperate with
investigations into code breaches?
Yes
5 Does your local authority currently maintain a
standards committee?
Yes
Add any further comments:
6 Should all principal authorities be required to
form a standards committee?
Yes
Add any further comments:
7 In most principal authorities, code of conduct
complaints are typically submitted in the first instance to the
local authority Monitoring Officer to triage, before referring a
case for full investigation. Should all alleged code of conduct
breaches which are referred for investigation be heard by the
relevant principal authority’s standards
committee?
Yes, decisions should only be heard by standards
committees
8 Do you agree that the Independent Person and
co-opted members should be given voting rights?
No – only elected members of the council in question should
have voting rights
9 Should standards committees be chaired by the
Independent Person?
No
10 If you have further views on ensuring fairness
and objectivity and reducing incidences of vexatious complaints,
please use the free text box below.
Add your comments:
11 Should local authorities be required to publish
annually a list of allegations of code of conduct breaches, and any
investigation outcomes?
No - only cases in which a member is found guilty
of wrongdoing should be published
Other views (add your comments):
12 Should investigations into the conduct of
members who stand down before a decision continue to their
conclusion, and the findings be published?
Yes
13 If responding as a local authority, what is the
average number of complaints against elected members that you
receive over a 12-month period?
Number of complaints:
2
13a For the above, where possible, please provide
a breakdown for complaints made by officers, other elected members,
the public, or any other source:
Complaints made by officers:
0
Complaints made by other elected members:
1
Complaints made by the public:
1
Complaints made by any other source:
0
14 If you currently work, or have worked, within a
local authority, have you ever been the victim of (or witnessed) an
instance of misconduct by an elected member and felt that you could
not come forward?
Not Answered
Please give reasons if you feel comfortable doing
so.:
15 If you are an elected member, have you ever
been subject to a code of conduct complaint?
Not Answered
If so, did you feel you received appropriate
support to engage with the investigation?:
16 If you did come forward as a victim or witness,
what support did you receive, and from whom? Is there
additional support you would have liked to receive?
Add your comments:
17 In your view, what measures would help to
ensure that people who are victims of, or witness, serious
councillor misconduct feel comfortable coming forward and
raising a complaint?
Add your comments:
Complainants should be able to request that they
remain anonymous. The name of the complainant would not then become
known to the subject councillor. As things stand the
Council’s policy is that the complaint could remain
anonymous, but only where it is the sub-committee’s or
Monitoring Officer’s view that it would be in the
public interest to maintain confidentiality.
Introducing the power of suspension with related
safeguards
18 Do you think local authorities should be given
the power to suspend elected members for serious code of conduct
breaches?
Yes – authorities should be given the power
to suspend members
19 Do you think that it is appropriate for a
standards committee to have the power to suspend members, or should
this be the role of an independent body?
Yes - the decision to suspend for serious code of
conduct breaches should be for the standards committee
Add your comments:
The Full Council delegates powers to the Standards
Committee to deal with alleged breaches of the Code of Conduct. It
is therefore appropriate that the Committee oversees the whole
process in relation to a complaint including the matter of
sanctions.
20 Where it is deemed that suspension is an
appropriate response to a code of conduct breach, should local
authorities be required to nominate an alternative point of contact
for constituents during their absence?
Yes – councils should be required to ensure
that constituents have an alternative point of contact during a
councillor’s suspension
21 If the government reintroduced the power of
suspension do you think there should be a maximum length of
suspension?
Yes – the government should set a maximum
length of suspension of 6 months
If you think the government should set a different
maximum length, what should this be, in months? :
22 If yes, how frequently do you consider councils
would be likely to make use of the maximum length of
suspension?
Infrequently – likely to be applied only to
the most egregious code of conduct breaches
23 Should local authorities have the power to
withhold allowances from suspended councillors in cases where they
deem it appropriate?
Yes – councils should have the option to
withhold allowances from suspended councillors
24 Do you think it should be put beyond doubt that
local authorities have the power to ban suspended councillors from
council premises and to withdraw the use of council facilities in
cases where they deem it appropriate?
Yes – premises and facilities bans are an
important tool in tackling serious conduct issues
25 Do you agree that the power to withhold
members’ allowances and to implement premises and facilities
bans should also be standalone sanctions in their own
right?
Yes
26 Do you think the power to suspend councillors
on an interim basis pending the outcome of an investigation would
be an appropriate measure?
Yes, powers to suspend on an interim basis would
be necessary
Any further comments:
But only in exceptional circumstances and relating
to serious misconduct.
27 Do you agree that local authorities should have
the power to impose premises and facilities bans on councillors who
are suspended on an interim basis?
Yes - the option to institute premises and
facilities bans whilst serious misconduct cases are investigated is
important
28 Do you think councils should be able to impose
an interim suspension for any period of time they deem
fit?
No
Any further comments:
This should be time-limited to reflect the
seriousness of such a step.
29 Do you agree that an interim suspension should
initially be for up to a maximum of 3 months, and then subject to
review?
Yes
Any further comments:
30 If following a 3-month review of an interim
suspension, a standards committee decided to extend, do you think
there should be safeguards to ensure a period of interim extension
is not allowed to run on unchecked?
Yes – there should be safeguards
30a If you answered yes to above question, what
safeguards do you think might be needed to ensure that unlimited
suspension is not misused?
Add your comments:
The Standards committee would have to consider a
report setting out all relevant factors such as why investigation
has not been completed, likely time scale before it is completed,
any initial findings of investigator, whether the subject
councillor has fully engaged in the process.
31 Do you think councillors should be disqualified
if subject to suspension more than once?
No - the power to suspend members whenever they
breach codes of conduct is sufficient
If you think councillors should be disqualified if
subject to suspension more than once over a period different to 5
years, what should this be, in years? :
If you think the government should set a different
disqualification period, what should this be, in years?
:
Any other comments:
32 Is there a case for immediate disqualification
for gross misconduct, for example in instances of theft or physical
violence impacting the safety of other members and/or officers,
provided there has been an investigation of the incident and the
member has had a chance to respond before a decision is
made?
Yes
Any other comments:
There would be a need for clear parameters as to
the offences that could lead to immediate disqualification and
there should be a right of appeal to an external body.
33 Should members have the right to appeal a
decision to suspend them?
Yes - it is right that any member issued with a
sanction of suspension can appeal the decision
34 Should suspended members have to make their
appeal within a set timeframe?
Yes – but within a different length of time (please
specify)
If you think the government should set a different
appeals timeframe, what should this be, in days?:
21
35 Do you consider that a complainant should have
a right of appeal when a decision is taken not to investigate their
complaint?No
36 Do you consider that a complainant should have
a right of appeal when an allegation of misconduct is not
upheld? No
37 If you answered yes to either of the previous
two questions, please use the free text box below to share views on
what you think is the most suitable route of appeal for either or
both situations.
Add your comments:
38 Do you think there is a need for an external
national body to hear appeals?
Yes – an external appeals body would help to
uphold impartiality
Any further comments:
Where there is a decision to disqualify a
councillor.
39 If you think there is a need for an external
national appeals body, do you think it should:
Be limited to hearing elected member
appeals
Please explain your answer:
Public Sector Equality Duty
40 In your view, would the proposed reforms to the
local government standards and conduct framework particularly
benefit or disadvantage individuals with protected characteristics,
for example those with disabilities or caring
responsibilities?
Neither
Please use the text box below to make any further
comment on this question: