Agenda item

Considered –

The report of the Assistant Director Legal and Deputy Monitoring Officer presenting to the Committee, for consideration and review, the current standards

arrangements for the handling of complaints of a breach of the Code of Conduct for

Members.

Members will note from the Complaints Update report to today’s meeting, the current

statistics and trends regarding standards complaints received by North Yorkshire

Council since 1 April 2023. In the year to date, not quite 12 months since Vesting Day, at the time of writing this particular report the Council has now received 149 formal standards complaints. This figure does not include informal intimated complaints the subject of correspondence by the Monitoring Officer and his team.

The Committee will note from the Complaints Update report that:

a) the majority (84%) of complaints received are in relation to parish and town councillors;

b) the majority of complaints are brought by members of the public (72%), followed by parish/town council councillors and employees (14% and 10% respectively) and 3% are brought by NYC Councillors and 1% by NYC employees;

c) the majority of complaints concern general conduct obligations such as respect;

d) a number of the complaints are repeated, overlapping and connected allegations complaints made by the same complainant or connected complainants against several members of particular town/parish councils.

e) for a number of complaints there is a (sometimes complex) background context, where the standards regime is not the appropriate process for resolving deep-rooted

dysfunction issues. In these circumstances, a standards investigation, at a not

insignificant cost to the public purse, is unlikely to resolve the issues prevailing;

f) the majority (81%) of complaints assessed to date do not merit any further action.

The Monitoring Officer therefore feels it is an opportune time to review the standards

complaint arrangements both generally and to ensure there is an appropriate,

proportionate, balance between maintaining high ethical standards and protecting the

public purse.

The nature of the proposed amendments are identified in the report.

The following questions were then raised and discussed;

A Member noted that the inference of innocent until proven guilty is an important criteria and the opportunity for the subject Member to be interviewed also for assurance.

It was noted that all details of the complaint were sent to the subject member at the outset of the process and they were asked for comment and given the opportunity to respond prior to the assessment hearing. The subject Members response is sent to the Monitoring Officer and the Independent Person as part of the assessment. If the matter goes to an investigation and a hearing, then again the subject Member is provided with an opportunity to make representations to the investigator and again at the hearing.

It was asked if there were any complaints over 6 months old that had not been responded to and closed.

This would need to be checked. Whilst there are no complaints that are more than 6 months old that have not been assessed there may be some that have been assessed, investigated and await either a hearing or being closed.

A Member noted that it must be difficult to put a specific timescale on each case and could see why an extension to the procedure was being requested as there are such a high number of complaints. The Member asked whether it could be possible to complete a preliminary assessment within 4-6 weeks.

It was reiterated that each case turns on its own facts and for some the initial assessment stage can take time, for instance, details of the cases are not always clear and can require clarification, Members who are the subject of the complaint need to be provided with details of the complaint and they need to be given time to read and respond before assessments are completed.

A Member noted that as long as all parties to the complaint were kept informed and up to date then we should endeavour to complete the investigation and report of complaints within 3 months but with a caveat that more complex cases may take 6.

A Member raised the point of when a Councillor is acting in an official capacity.

This was discussed, it was stated that standards should always be upheld and that guidance is available from the LGA.

Councillor Jabbour moved and Councillor Ireton seconded that the recommendations in 11.1 and 11.2 a and b of the report be approved.

This was agreed unanimously.