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?
The Standards Board will consider any written allegations it receives that allege a Councillor has breached the Code. If an allegation is referred for investigation, then an Ethical Standards Officer will carry out an independent investigation. If the investigation decides that the matter is serious enough, they can refer the case to The Adjudication Panel for England. This is an independent body who will make a final judgement. They may suspend a member for up to one year, or disqualify them from holding office for up to five years.
Who can make an allegation?
Anyone who reasonably believes that a member has broken the Code of Conduct. As stated above, allegations must be made in writing to The Standards Board for England. To help you make an allegation, the Standards Board have produced a booklet called "Councillors behaving badly?" Copies can be obtained either from The Standards Board direct or from the Monitoring Officer at South Holland District Council. This booklet sets out the complaints process and includes a copy of a complaints form for you to use.
What types of misconduct can The Standards Board for England investigate?
The following list gives examples of behaviour that breaches the Model Code of Conduct:
unlawfully discriminated against someone, failed to treat people with respect, or done something to prevent those who work for the authority from being unbiased
revealed information that was given to them in confidence, or stopped someone getting information they are entitled to by law
damaged the reputation of their office or authority
used their position improperly, to their own or someone else's advantage or disadvantage
misused the authority's resources
allowed the authority's resources to be misused for the activities of a registered political party
failed to report another member's misconduct
failed to register financial or other interests
failed to reveal a personal interest at a meeting
taken part in a meeting or made a decision where they have an interest that is so significant that it is likely to affect their judgement
failed to tell the authority's Monitoring Officer about any gifts or hospitality they have received in their role as a member, worth over £25.
What can't The Standards Board for England investigate?
incidents where there has been a fault in the way a council has or has not done something (this is known as 'maladministration' and is a matter for the Local Government Ombudsman)
complaints about council officers (they can only investigate complaints about councillors, members and co-opted members)
incidents that happened either before the authority adopted its local Code of Conduct, or before 5 May 2002, whichever is earlier
incidents or actions that are not covered by the Code of Conduct
complaints that are not in writing.
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 The Standards Board for England complaint forms are also available:
Monitoring Officer:
Jim Scarsbrook, Head of 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
The Standards Board for England:
1st Floor, Cottons Centre, Cottons Lane, London SE1 2QG
Enquiries: 0845 078 8181
Complaints: 0800 107 2001
Fax: 020 7378 5001
Email: enquiries@standardsboard.co.uk
Other useful web links:
Model Code of Conduct for Local Authorities
Model Code of Conduct for Parish Councils
About The Standards Board
