Agenda item

Considered 

The report of the Assistant Chief Executive Legal and Democratic Services and Monitoring Officer presenting to the Committee, for information and consideration, statistical information regarding standards 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.

The Committee noted from the report that;

In total, 214 assessments have so far been completed by the Monitoring Officer and

Deputy Monitoring Officer in consultation with the Independent Persons for

Standards.

A high proportion of these complaints were in respect of Members of three

Town/Parish Councils.

Of the 214 complaints which have so far been assessed, 180 complaints did not merit referral for formal investigation, 6 complaints were recommended for informal resolution, 28 complaints were referred for investigation and 1 complaint was closed as the subject Member was no longer a Councillor.

The Committee further noted that;

2 hearing panels had been convened on 11 June and 20 August 2024 respectively:

• 11 June 2024: the Panel concluded that the subject Members had not breached the relevant authority’s Code of Conduct for Members. The Panel made some recommendations back to the relevant authority. 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;

• 20 August 2024: the Panel concluded that the subject Member had breached the Code of Conduct for Members. The Panel made some recommendations back to the relevant authority.

The remaining investigations are still live. A further update will be given to the

Committee when the Monitoring Officer is in a position to do so.

A discussion then followed with the following to note;

It was asked what the role of the Independent Person (IP) entailed.

This is a requirement of the Localism Act and the view of the IP must be taken into account before any decision on an investigated matter is made as a matter of law. At North Yorkshire Council, the IP is consulted at all key stages of the complaint handling process. The IP is involved in the assessment process from the first stage and the view of a different IP (where possible) is sought during a hearing.

It was asked why the process takes so long, specifically in relation to the panel hearing on 20 August 2024.

The complaint was received in May 2023, assessed in July along with a significant amount of other complaints. An investigative report was requested in September 2023 which was subsequently received in April 2024, there were then two periods of purdah during the elections for Mayor and the General Election, alongside holiday availability of all parties involved.

It was noted that investigations were carried out by an external body.

One of the IP’s added that there were an increasing number of complaints and that did not seem to be reducing and that the process was resource intensive and expensive in terms of the number of hours involved in the process.

It was moved by Councillor Ireton and seconded by Councillor Knapton that the Committee notes the current position on standards complaints received.

Resolved

That the Committee notes the current position on standards complaints received.

This was agreed unanimously.