Code of Conduct
Every local authority must adopt a Code of Conduct that sets out rules governing the behaviour of its members. This authority's Code of Conduct is contained within the Council's Constitution. All elected, co-opted and independent members of local authorities, including parish and town councils are covered by the Code. Each Code must include the provisions of the Model Code of Conduct approved by Parliament. Authorities can choose to add their own local rules if they wish, although most have adopted the Model Code without additions. The Code of Conduct covers areas of individual behaviour such as members not abusing their position or not misusing their authority's resources. There are also rules governing disclosure of interests and withdrawal from meetings where members have relevant interests. Members are also required to declare on the public register their financial and other interests.
What happens if somebody breaks the Code?
From May 2008, if you want to make a complaint about the conduct of a councillor, you must write to South Holland District Council's Standards Committee.
What is the Standards Committee?
The Standards Committee is a group of people appointed by South Holland District Council to help maintain and promote high ethical standards. The Standards Committee is made up of councillors, or members of the authority, and independent people (who are not councillors or employees of the Council). Members of the parish councils are also part of the Standards Committee.
What complaints does a Standards Committee deal with?
The Standards Committee can only deal with complaints about the behaviour of a member of the council or authority. It will not deal with complaints about things that are not covered by the members' Code of Conduct.
If you make a complaint to the Standards Committee it must be in writing. You should say who it is about and why you think they have not followed the Code of Conduct.
The Standards Committees will not look at complaints that are about:
Ø People employed by the council or authority.
Ø Incidents that happened before a member was elected or chose to serve.
Ø Incidents that happened before the Council adopted the Code of Conduct in 2002.
Ø The way an authority conducts or records its meetings.
Ø The way an authority has or has not done something. This may be a matter for the Local Government Ombudsman if the authority has not dealt with the matter properly and it has not been resolved locally. Parish Councils are not covered by the Ombudsman.
Ø Decisions of the authority or one of the services it provides. In this case, you should ask how to complain using the authority's own complaints system.
What will happen to your complaint?
Once you have made a complaint, you will be told in writing what will happen to it. If it is an appropriate complaint the Standards Committee will deal with it and it will set up a meeting of no less than three members of the Committee to decide what should happen next. The meeting will be chaired by one of the independent people on the Standards Committee. This should happen within 20 working days.
The Committee can decide to:
Ø Investigate your complaint.
Ø Take some other action.
Ø Send it to Standards for England to investigate.
Ø Send it to the Standards Committee of another authority if the member belongs to that authority, or one of the parish or town councils that come under that other authority.
Ø Take no further action.
What is "other action"?
"Other action" is usually some form of conflict resolution, mediation or training. The decision is reached where the Standards Committee decides that it is likely to resolve the situation more effectively than an investigation and possible sanction.
What if the Standards Committee decides to take no further action and you don't agree?
The law says that the Standards Committee should take reasonable steps to tell you the reason for its decision. You may not agree with the reasons, or think that it did not make the decision properly, or you may have new information that you think might affect its decision. If so, you can ask the Committee to review its decision. You have to ask it to do this in writing within 30 calendar days of receiving its decision.
The Standards Committee must consider your request within three months, although in practice it should happen within 20 working days.
The decision will be reviewed by at least three members of the Standards Committee. None of the people who made the original decision are allowed to take part in the review. This meeting will be chaired by one of the independent people on the Standards Committee. They can uphold the original decision or overturn it, and will tell you in writing what they have decided.
What is Standards for England's Role
Standards for England provides the national independent oversight that is needed for there to be confidence in this locally based system.
Standards for England:
Ø Require councils to tell it how well we are dealing with complaints about the conduct of our members.
Ø Works with the Standards Committee to help it improve if it does not deal with complaints about members properly.
Ø Gives Standards Committees and Councillors guidance on understanding the Code of Conduct and how to deal with complaints about the conduct of members of their council or authority.
Ø Can take away the power of the Standards Committee to receive complaints about members if it believes it necessary.
Ø Investigates the most serious cases where the Standards Committee believes it is not best placed to deal with the matter and the Standards for England agrees.
Ø Publishes information about how councils are dealing with complaints about our members.
Who should I contact?
In the first instance it may helpful to have an informal discussion with or write to the Council's Monitoring or Deputy Monitor Officer about any allegation affecting a local district or parish/town councillor or co-opted member. Copies of the booklet "Councillors behaving badly?" and complaint form (PDF , 116KB) and "Complaining about a Councillor (PDF , 112KB)" leaflet are also available:
Monitoring Officer:
Jim Scarsbrook, Head of Customer, Legal and Member Services, Council Offices, Priory Road, Spalding, Lincs PE11 2XE
Telephone: 01775 761161 Ext 4538
Fax: 01775 711253
Email: jscarsbrook@sholland.gov.uk
Standards for England:
Fourth Floor
Griffin House
40 Lever Street
Manchester
M1 1BB
Website: www.standardsforengland.gov.uk
Email: enquiries@standardsforengland.gov.uk
Enquiries: 0845 078 8181
Other useful web links:
SHDC Members Code of Conduct
Code of Conduct for Parish Councils (PDF , 18KB)
About The Standards Board
