Subject:
Standards Update
Date of meeting: Tuesday 10th
September 2024
Report
of:
Corporate Director – Corporate Services
Contact Officer: Victoria
Simpson, Senior Lawyer – Corporate Law, on behalf of the
Council’s Acting Monitoring Officer
Tel: 01273 294687
Email:
Victoria.Simpson@brighton-hove.gov.uk
Ward(s) affected: All
For general release
1.1
To provide an update on
standards-related matters, including on the progress of complaints
alleging that Members have breached the Council’s
Code of Conduct for Members.
1.2
To propose an update to the
procedure for dealing with allegations of breaches of the Code of
Conduct for Members’ (attached as Appendix
2).
2
Recommendations
2.1
That Committee note the
contents of this report, including the data provided on member
complaints at Appendix 1.
2.2
That Committee approve the
proposed changes to the initial tests against which member
complaints are assessed as set out in Appendix 2 and give
the Monitoring Officer delegated authority to update the
Council’s Constitution to incorporate those changes,
including by making any changes considered necessary or incidental
to give effect to the proposal.
3
Context and background
information
3.1
The Council is required by the
Localism Act 2011 to have in place arrangements for dealing with
complaints against elected and co-opted Members. Brighton &
Hove City Council regularly reviews its arrangements, including its
Code of Conduct for Members and related procedures and guidance.
The Council publishes the arrangements for complaints against
members on
its website.
3.2
At Brighton & Hove City
Council, the Audit, Standards & General Purposes Committee has
been given delegated authority for the function of maintaining and
promoting high standards of conduct by Members, including reviewing
and updating the Council’s policies and procedures which
relate to complaints against members. This Committee receives
quarterly reports on complaints against members, including data on
outstanding complaints and new complaints received in since the
time of the last report.
4
Update on Current
Complaints
4.1
Updated data on complaints that
have been previously reported to Committee is set out in Table 1,
Appendix 1. New complaints that have been received since the
June 2024 Committee meeting, are set out at Table 2, Appendix
1.
4.2
All of the complaints referred
to in this paragraph are being progressed by the office of the
Monitoring Officer in accordance with the Procedure which governs
member complaints.
5
Review of the test applied to
member complaints at preliminary assessment stage
5.1
The Council’s
arrangements for dealing with member conduct issues were last
reviewed in 2021, when key elements from the Local Government
Association’s model Code of Conduct were incorporated to
achieve greater clarity. At that time, associated arrangements
– including
the Procedure for Dealing with Allegations of Breaches of the Code
of Conduct for Members (‘the Procedure’) - were
also comprehensively reviewed.
5.2
It is proposed that
consideration be given to further updating the test against which
member complaints are initially assessed, as shown as tracked
changes in Appendix 2. These changes have been developed
with input from the Chair of this Committee and the lead
administration Member for this area. The proposals have
benefitted from detailed input from two of the Council’s
three Independent Persons (‘the IPs’). It is a
requirement that the IPs be consulted in relation to member
complaints. As a result, the IPs are very familiar with this test,
which they apply each and every time a new complaint is received
in.
5.3
The proposals aim to emphasise
the importance of the assessment of the public interest when
considering whether or not to progress a complaint to formal
investigation. It is proposed that express reference be made to the
seriousness of the complaint and that the initial test is framed
more clearly. Reference to whether it is ‘possible’ to
investigate a complaint is removed, as this is not a helpful
criteria.
5.4
It is considered that the
proposed changes are consistent with
the principles which underpin the procedure, including that
complaints are only referred for formal investigation
(and thereafter if relevant for determination by a Standards
Panel) where doing so is considered to be proportionate and
necessary in the public interest. The proposed refinements aim to
provide a clearer and more nuanced test to be applied in those
situations where a decision not to progress a complaint to the next
stage is being contemplated. The objective is to provide maximum
clarity to stakeholders, including where the Council decides to
take no action in a complaint at preliminary assessment
stage.
6
Member Training
6.1
To assist Committee in
discharging its role in promoting and maintaining high standards of
conduct by councillors, training on standards-related matters is
offered to all members. This includes a session on the
Council’s conduct arrangements which is considered to be key
in developing member understanding of this Council’s
expectations and arrangements, so that they can carry out their
roles within the Code. This training is a requirement for all
members, and is offered very regularly.
6.2
A session was offered to
members of this Committee on some of the Committee’s key
functions last week, as part of the ongoing commitment to providing
helpful input to members. In addition, Standards Panel training
(mandatory for any member seeking to be appointed to a Standards
Panel) will be offered as or when needed.
7.1
The Council is obliged under
the Localism Act to make arrangements for maintaining high
standards of conduct among members and for the investigation of
complaints and it is therefore appropriate to keep the arrangements
under review. While it is an option not to update the procedure and
to retain the existing wording, the proposed new wording is
recommended on the basis that it will provided greater clarity for
those using the procedure.
8
Community engagement and
consultation
8.1
All reviews of the
Council’s Standards arrangements are carried out by its
elected Members and the Council’s Independent Persons,
supported by officers.
9
Conclusion
9.1
Members are asked to note the
contents of this report, which aims to assist the Council in
discharging its responsibilities for overseeing that high standards
of conduct are maintained in a way which is compliant with local
requirements.
10
Financial
implications
10.1
There are no additional
financial implications arising from the recommendations in this
Report. All activity referred to has been, or will be, met from
existing budgets.
Finance officer consulted: Nigel
Manvell Date consulted: 28/8/24
11.1
These are covered in the body
of the Report.
Lawyer consulted: Victoria
Simpson Date consulted
20/08/2024
12.1
There are no equalities
implications arising from this Report. It provides reassurance on
the arrangements which have been developed with the need to ensure
the Council and its members discharge their responsibilities with
appropriate regard for equalities considerations in
mind.
13.1
No sustainability implications
have been identified.
Supporting Documentation
Appendices
Appendix 1 – data on member complaints
Appendix 2 – tracked changes excerpt from
the
Procedure for Allegations of Breaches of the Code of Conduct for
Member Complaints