STANDING GUIDANCE FOR
MEMBERS
Members’ Expenses
Members are reminded to include
sufficient details in their expense claims and to submit them in a
timely manner to avoid submitting multiple claims at the same time
where possible.
Members should have regard to the
current Scheme of Approved Duties and the Protocol on
Members’ Attendance at Conferences published in Part 6 of
the Constitution, published on the Council website at
Decision Making at the Council | North Yorkshire
Council
Interests’ Regime
Under the Council’s Code of
Conduct for Members (Councillors'
code of conduct | North Yorkshire Council), the following interests’ regime
applies.
Registration of
Interests
Members must register the following
interests within 28 days of election/appointment:
·
Disclosable pecuniary
interests (DPIs) of the
Member and their partner and
·
Other registrable
interests (ORIs) of the Member
and keep their interests under
review, registering any changes within 28 days.
A pecuniary interest is a
DPI if it is of a
description specified in regulations ie
·
Employment, office, trade,
profession or vocation (for profit or gain)
·
Sponsorship
·
Contracts
·
Land
·
Licenses
·
Corporate
tenancies
·
Securities
(please see the Code for the
detailed descriptions)
And either:
(a) it is the Member’s
interest or
(b) an interest
of—
·
the Member’s spouse or civil
partner
·
a person with whom the Member is
living as husband and wife, or
·
a person with whom the Member is
living as if they were civil
partners
and the Member is aware of the interest.
Members may request to have, for
example, their home address treated as sensitive and not disclosed
in the Register of Interests or in their contact details on the
Council website, if they feel this is necessary for their personal
safety.
Please see the later section in the
Bulletin on Sensitive Interests and contact the Monitoring Officer
to discuss any concerns in this regard.
Should Members have any immediate
concerns around Member safety, please contact the Head of
Democratic Services and Scrutiny to discuss.
Other Registrable interests
(ORIs) are:
1. Unpaid directorships
2. Any body of which you are a
member or are in a position of general control or management
and to which you are nominated or appointed by your
authority
3. Any body:
-
exercising functions of a public
nature
-
directed to charitable purposes
or
-
one of whose principal purposes
includes the influence of public opinion or policy (including any
political party or trade union/professional
association)
of which you are a member or in a
position of general control or management.
The Register of Members’
Interests is maintained by the Monitoring Officer and is generally
available for public inspection during office hours at County Hall,
Northallerton. It is published on the Council’s website (as
required by the Localism Act 2011) -
Your Councillors | North Yorkshire Council
Members must, within 28 days of
becoming aware of a new interest or a change to an existing
interest, register the necessary details electronically via the
ModGov committee software system.
Participation re
Interests
Disclosable Pecuniary Interests
(DPIs)
A Member may not participate in the
discussion of, or vote on, Council business directly
relating to a DPI and must declare the existence and nature of
the interest and withdraw from the meeting room at the start of the
item (unless a dispensation is granted).
Other Registrable Interests
(ORIs)
Where a matter arises at a meeting
which directly relates to the financial interest or
wellbeing of one of the Member’s ORIs, then the Member must
declare the existence and nature of the interest, can speak on the
matter if the public can and then must withdraw from the meeting
room (unless a dispensation is granted).
Non-Registrable Interests
(NRIs)
These are interests which are not
required to be registered in the Register of Members’
Interests (ie interests other than DPIs and ORIs):-
(i)
which directly relate to the
Member’s financial interest or well-being, or that of a
relative or close associate (of which the Member could reasonably
be expected to be aware); or
(ii)
which affect the
Member’s financial interest or well-being or that of a
relative or close associate or of a body included under Other
Registrable Interests (of which the Member could reasonably be
expected to be aware).
For NRIs falling under category (i)
above, the Member must declare the existence and nature of the
interest, can speak on the matter if the public can and then must
withdraw from the meeting room (unless a dispensation is
granted).
For NRIs falling under category (ii)
above, the Member must declare the existence and nature of the
interest, and then consider the ‘prejudicial interest’
test to determine if and how they may participate:
-
Where the matter affects the
financial interest or wellbeing more than it affects that of the
majority of inhabitants of the ward affected and a reasonable
member of the public knowing all the facts would believe that it
would affect the Member’s view of the wider public interest,
then the Member can speak if the public can, but must not take part
in any discussion/vote and must leave room (unless a dispensation
is granted);
-
Where the matter does not so
affect the financial interest or wellbeing, then the Member may
speak and vote in usual way.
If a dispensation is granted
to a Member, the Member must still declare the existence and
nature of the interest and the fact they are relying on a
dispensation to the meeting.
What is the difference between
‘relates to’ and ‘affects’?
Something ‘relates to’ a
Member’s interest if it is directly about it, eg the matter
being discussed is an application about a particular property in
which the Member or somebody associated with them or an outside
body they have registered has a financial interest.
‘Affects’ means the
matter is not directly about that interest but nevertheless the
matter has clear implications for the interest – for example,
it is a planning application for a neighbouring property which will
result in it overshadowing the Member’s property. An interest
can of course affect you, your family or close personal associates
positively and negatively. So, if you or they have the
potential to gain or lose from a matter under consideration, an
interest would need to be declared in both situations.
A Member commits a criminal
offence if, without reasonable excuse, they —
Ø fail to:
v register disclosable pecuniary
interests
v disclose an interest to a meeting where
required
v notify the Monitoring Officer of an interest
disclosed to a meeting
Ø participate in any discussion or vote where
prohibited
Ø an individual Member decision taker takes any
steps in relation to a matter where prohibited
A Member also commits a criminal
offence if, in relation to the registration/disclosure of
disclosable pecuniary interests, they provide information that is
false or misleading and —
Ø know that the information is false or
misleading, or
Ø are reckless as to whether the information is
true and not misleading.
A court may also disqualify the
person, for a period not exceeding five years, for being or
becoming (by election or otherwise) a member or co-opted member of
the relevant authority in question or any other relevant
authority.
Please therefore keep your
interests form under reviewto ensure it is up to date.
Interests’
issues are ultimately Members’ responsibility.
NB: Even if something is not a Code
issue, always bear in mind the rules relating to bias,
predetermination and predisposition.
If you are in any doubt as to your
position, please contact the Monitoring Officer or any of his
team.
Sensitive Interests
You do not need to register or
declare the details of an interest which you and the Monitoring
Officer have agreed is sensitive.
A “sensitive interest”
is any interest (whether or not a disclosable pecuniary interest)
where disclosure of the details could lead to you, or a person
connected with you, being subject to violence or
intimidation.
The existence of an interest must
still be registered/declared but not any detail in relation to
it.
Should you feel that any of your
interests are sensitive given any prevailing circumstances, please
contact the Monitoring Officer immediately to discuss.
Bias, Predetermination,
Predisposition
Members involved in making a
decision on particular business must always bear in mind the rules
relating to bias and predetermination and must not
participate in, or seek to influence, Council business where their
interests may prejudice, or appear to prejudice, their
views.
Predetermination
occurs where a fair minded and
well informed observer, looking objectively at all the
circumstances, considers there is a real risk that a decision maker
has refused to consider a relevant argument or would
refuse.
Possible examples of bias or
predetermination are:
-
connection with someone affected by
a decision;
-
improper involvement of someone with
an interest in the outcome;
-
prior involvement in a
matter;
-
commenting before a decision is
made.
However, the Localism Act 2011 makes
it clear that a Member is not to be taken to have had, or to have
appeared to have had, a closed mind when making a decision just
because they had previously done anything that directly or
indirectly indicated what view they took, or would or might take,
in relation to a matter; this would amount to predisposition
to a view and is acceptable. This ensures that Members can freely
discuss issues, including expressing a view and/or campaigning on
an issue, and then later speak or vote on those issues.
Unless there is positive evidence of
a closed mind, prior observations or apparent favouring of a
particular decision is unlikely to suffice as
predetermination.
Members are entitled to have and
express their own views, as long as they are prepared to reconsider
their position in the light of all the evidence and arguments. They
must not give the impression that their mind is closed.
Members’ Gifts and
Hospitality
Members’ gifts and hospitality
are recorded with their Register of Interests, electronically via
the ModGov committee software system.
Under the Council’s Code of
Conduct, you should not accept gifts/hospitality, of any value,
which could create an impression of obligation upon you or the
Council or substantive personal gain or propensity to show favour.
You should inform the Monitoring Officer of any such
offers.
Otherwise, you should register any
gifts/hospitality received or offered worth £25 or
more.
Should you have any queries in
relation to the registration of any gifts or hospitality
received/offered, then please feel free to contact the Monitoring
Officer or any of his team.
Social media and the Members’
Code of Conduct
Social media is an important means
of communication and engagement, however the use of social media
frequently features in many of the standards complaints received by
the Monitoring Officer.
Aspects of the Members’ Code
of Conduct will apply to your online activity, as in other
communications, if you are, or appear to be, acting in your
capacity as a councillor, rather than a private individual. The
same standards of conduct apply online as would be expected
offline.
The key issue is whether you are
acting in your official capacity as a councillor when using your
social media platforms. Be clear as to the capacity in which you
are posting, official or private.
Use of the title
“Councillor” may give rise to an inference that you are
acting in your official capacity, when the Code can be
engaged.
If you publish information you can
only access as a Member, you are likely to be viewed as acting in
your official capacity.
“…These are ordinary
descriptive English words. Their application is inevitably fact
sensitive and so whether or not a person is so acting inevitably
calls for informed judgment by reference to the facts of a given
case. This also means that there is the potential for two decision
makers, both taking the correct approach, to reach different
decisions…”
You may wish to set up different
social media accounts for your private life and councillor role to
maintain professional boundaries.
You are personally responsible for
the content you publish on social media, in the same way that you
are responsible for letters or emails you send. It is less formal
but is still a form of communication and posts can be capable of
being misunderstood - the immediacy of social media can magnify
this problem.
Being misunderstood is likely to
lead to rapid and wide broadcasting (particularly with something
perceived as being more controversial than was intended) almost
instantly.
Be approachable, polite and
respectful in your language and tone. Irony and sarcasm are very
difficult to convey in writing and therefore should be avoided, as
should profanity.
North Yorkshire Council has a Social
Media Policy available on the Council’s Intranet, which
Members may find helpful.
Members should ensure that they are
familiar with the provisions and that they do not put the
Council’s systems and information at risk, or be damaging to
the reputation of the Council or the office of Member.
LATEST NEWS
CSPL
– “Setting the Standard”
The Committee on Standards in Public Life (CSPL)
has published an entry on its blog titled ‘Setting the
Standard” -
Setting the Standard – Committee on Standards in Public Life
(blog.gov.uk).
In the blog, the importance of
‘service’ in holding public office, and the need to
take decisions in the wider public interest, is emphasised. The
CSPL states that the General Principles of Conduct have stood the
test of time and are the ‘bedrock’ of the standards
regime.
The CSPL acknowledges that the
standards landscape is complex and there is unfinished business in
relation to addressing major risks to standards.
CSPL – “Annual Report
2023 -2024”
The Committee on Standards in Public
Life has published its Annual Report for 2023-2024 -
Annual Report 2023 - 2024 - GOV.UK
(www.gov.uk).
In the report, the CSPL advises on
arrangements for upholding ethical standards of conduct across
public life and describes the work it has carried out over the past
year, including:
•
the appointment of a new Chair in December 2023;
•
maintaining its watching brief on standards across public
life;
•
championing its 2023 Leading in Practice report;
•
holding a seminar on lobbying exploring how current lobbying rules
are working in practice, particularly in respect of governance and
transparency arrangements;
•
following up the CSPL’s 2020 AI and public standards report
with a seminar.
The CSPL hopes to continue its
evidence-based review work; maintaining strong relationships with
those delivering the standards landscape, including within the
Devolved Administrations; and engaging widely to promote the Nolan
principles.
CSPL – “Accountability
within Public Bodies”
The Standards and Governance
Committee has previously been briefed regarding the CSPL’s
review of accountability within public bodies and the importance of
acting on early warning signs -
Committee on Standards in Public
Life launches new review on accountability within public bodies -
GOV.UK (www.gov.uk).
The full terms of reference for the
review and further details are published online here -
Accountability within Public Bodies:
terms of reference - GOV.UK (www.gov.uk), along with Frequently Asked Questions
regarding the terms of reference (2024-03-21
Accountability within public bodies - terms of reference FAQ final
(publishing.service.gov.uk).
As part of its review, the CSPL held
an open consultation as part of its evidence gathering and
published a call for evidence on its website -
Accountability within Public Bodies
- GOV.UK (www.gov.uk).
The consultation closed on 14 June 2024.
CIPFA has responded to the
consultation, making a series of recommendations, details of which
are published here -
Boost local government
accountability through governance, ethical, and risk management
improvements: CIPFA
(localgovernmentlawyer.co.uk).
The National Association for Local
Councils (NALC) has also responded to the consultation and details
can be found here -
Standards regime needs more
“teeth”, town and parish councils say
(localgovernmentlawyer.co.uk).
It is anticipated that a report
detailing best practice for public sector organisations will be
published in Spring 2025
Security
for councillors
The Local Government Association
(LGA) has published presentations from its event on 10 July 2024
regarding “Personal Safety for newly elected
councillors”, which Members may find helpful -
Personal safety for newly-elected
councillors, 10 July 2024 | Local Government
Association.
It has also published presentations
from its event on 23 July 2024 regarding “Handling online
abuse and intimidation for newly-elected councillors”
-
Handling online abuse and
intimidation for newly-elected councillors, 23 July 2024 | Local
Government Association.
The LGA has previously published its
report “Debate Not Hate: Ending abuse in public life for
councillors” outlining “how councils can better support
councillors to prevent and handle abuse and includes principles for
councils to consider, top tips and good practice case
studies.” -
Debate Not Hate: Ending abuse in
public life for councillors | Local Government
Association
NYC STANDARDS COMPLAINT
STATISTICS
The Standards and Governance
Committee monitors complaints raised with the Monitoring Officer
under the standards regime.
As well as considering complaints
that a member of North Yorkshire Council may have breached the
Members’ Code of Conduct, North Yorkshire Council is the
principal authority for parish and town councils in North Yorkshire
for the purposes of the standards provisions in the Localism Act
2011.
It is therefore also responsible for
receiving and handling complaints that a parish/town councillor may
have breached that authority’s code of conduct for
Members.
That is the extent of North
Yorkshire Council’s jurisdiction in respect of parish/town
council governance; parish/town councils are separate legal
entities and North Yorkshire Council has no jurisdiction to
consider other complaints for example about the way in which the
parish council has or has not done something, or about particular
parish council decisions.
Complaints
received
During the period 1 April 2023 to 31
March 2024, the Council received 174 complaints that members may
have breached the relevant authority’s code of conduct for
Members.
During the period 1 April 2024 to 28
August 2024, a further 83 complaints have been received.
Since Vesting Day on 1 April 2023 to
28 August 2024, a total of 257 standards complaints have therefore
been received.
Assessments
In total, 214 assessments have been
completed by the Monitoring Officer and Deputy Monitoring Officer
in consultation with the Independent Persons for
Standards.
A number of complaints’
assessments are currently on hold, pending responses from subject
Members or the outcome of previous assessments and
investigations.
A high
proportion of these complaints were in respect of Members of three
Town/Parish Councils, as follows:
a)
43
connected complaints were received against Members of Town Council
A, and 6 connected complaints made against a North Yorkshire
Councillor were in relation to matters at this Town
Council;
b)
75
connected complaints were received from 2 linked complainants
against Members of Town Council B;
c)
11
connected complaints were made against Members of Parish Council C,
linked to 6 connected complaints made against a North Yorkshire
Councillor in relation to matters at this Parish
Council;
Of the 214 complaints which have so
far been assessed by the Monitoring Officer/Deputy Monitoring
Officer, in consultation with the Independent Person for
Standards:
a)
180 complaints did not merit
referral for formal investigation;
b)
6 complaints were recommended for
informal resolution;
c)
28 complaints were referred for
investigation, through 8 investigations;
One
complaint was closed as the subject Member was no longer a
Councillor.
Investigations/Determinations
One of the investigations
(covering 11 connected complaints about Town Councillors) was
determined by the Standards and Governance Committee Hearings Panel
when it determined that the subject Members had not breached
the relevant authority’s Code of Conduct for
Members.
After
the Panel had completed its determination of the complaints, the
Deputy Monitoring Officer consulted the Panel under the Standards
and Governance Committee’s Protocol for dealing with
Unreasonably Persistent/Vexatious Complainants. The Panel agreed
that the allegations by the complainant had been investigated and
determined and that any further complaints by the complainant on
essentially the same issues as have already been assessed by the
Monitoring Officer and/or then investigated and determined by the
Panel do not need to be considered by the Monitoring Officer
through the assessment process in the usual way.
A
further investigation (concerning one North Yorkshire Councillor)
has been completed and the complaint determined by the Hearings
Panel, in consultation with the Independent Person, on 20 August
2024, when the Panel determined the complaint in private, given the
sensitive personal data involved. The Panel concluded that the
subject Member had breached the Code of Conduct for Members. It
made some recommendations back to the relevant authority. At the
end of the hearing, the Panel again considered the issue of the
privacy of the documentation and concluded that whilst the nature
of the documentation had been deemed exempt, it would be
appropriate to publish a summary decision notice on the North
Yorkshire Council website.
The remaining investigations
are currently live.
The remainder of the complaints
are in preparatory stages or awaiting assessment by the Monitoring
Officer/Deputy Monitoring Officer in consultation with the
Independent Person for Standards.
Members will be kept informed of
statistical information in relation to standards complaints
received.
NATIONAL CASES
The Local Government Lawyer website recently
reported on the following cases:
·
Members have previously been briefed
through the Bulletin regarding a standards complaint made about the
comments of three councillors about children with special
educational needs. The comments related to children being
“just really badly behaved”, requiring “some form
of strict correction”, “families …swapping tips
on how to get their children diagnosed” and a question as to
““Why are there so many people now jumping out with
these needs? Where were they in the past when I was at
school?”
The investigation found that whilst the wording
used was disrespectful and showed a lack of care and sensitivity
and was capable of causing reputational damage to the authority and
office of councillor, it did not amount to a breach of the
Code.
·
A recent Tribunal case rejected an
appeal by a requester under the Freedom of Information Act (FOIA)
regarding a refusal under section 40(2) of the FOIA (personal
information) by an authority to disclose all information relating
to a code of conduct review panel hearing.
The requester argued that health and safety
legislation should have supremacy over the Freedom of Information
(FOI) Act 2000 however the Tribunal found that this was irrelevant
to the content of the requested information relating to councillor
conduct.
The
Public Services Ombudsman for Wales has published its annual report
and accounts for 2023/24 (Annual-Report-and-Accounts-2023-24.pdf
(ombudsman.wales). In the
report they state that they have seen a 16% rise in code of conduct
complaints from the previous year.
The
Standards and Governance Committee
Mr James Nelson