Agenda and minutes

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Of the meeting held on 26^th June 2019 to be approved and signed.

RESOLVED: That the minutes of the meeting held on 26^th June 2019 be approved as a correct record and signed by the Chairman.

That the Standards Committee consider the Annual Review Letter (Appendix 1) of the Local Government and Social Care Ombudsman (LG&SCO) for the period covering 1st April 2018 to 31st March 2019 for information and comment.

The Committee considered Annual Review Letter produced by the Local Government and Social Care Ombudsman (LG&SCO) for the year ending 31^st March 2019. The Monitoring Officer presented the report and highlighted the main points.

In summary, the overall number of complaints and enquiries received by the Ombudsman about Worcester City Council increased from 11 in 2017/18 to 13 in 2018/19. The number of cases where an investigation was carried out by the Ombudsman also increased from 8 in 2017/18 to 15 in 2018/19. However, the Upheld Rate decreased from 50% to 29%. Two upheld decision were received. However, the LG&SCO did not produce a report about either case.

In the ensuing discussion, the following main points were made:

·           The increase in the total number of complaints received by the LG&SCO indicates that there are lessons to be learnt. The internal complaints management procedures will be reviewed to endeavour to resolve complaints at an earlier stage.

·           It was noted that Letter indicated 13 complaints and enquiries had been received, yet a total of 15 decisions had been made. The Monitoring officer will seek clarification on this point.

RESOLVED: That the Committee note the Annual Review Letter of the Local Government and Social Care Ombudsman for the period covering 1^st April 2018 to 31^st March 2019.

That the report be noted.

The Committee were advised by the Monitoring Officer that, since the last meeting, 3 complaints had been received. Before making a decision in relation to each complaint, the Monitoring Officer consulted with one of the Independent Persons from the pool appointed to consider complaints. The first complaint was considered amenable to informal resolution. The second and third complaints were considered to fall outside of the remit of the Code and no further action was taken.

RESOLVED: That the Committee note the report.

That the Committee:

1.1     notes the recommendations of the report published by the National Committee on Standards in Public Life on ethical standards in local government, as set out in Appendix 1;

1.2     notes the discussions which have taken place between the Monitoring Officers of the principal authorities within Worcestershire in response to those recommendations;

1.3     endorses the principle of a pan-Worcestershire Code of Conduct for members;

1.4     endorses the draft Code of Conduct set out at Appendix 2 and recommends that Council adopts it; and

1.5     notes that a further report will be brought to Committee following a review of the Council’s Procedures for the assessment of complaints under the Code of Conduct.

The Committee considered a report from the Monitoring Officer on the Nolan Committee’s assessment of whether existing structures, processes and practices are conducive to high standards of conduct in local government. The Nolan Committee’s report made recommendations for improvement to government in relation to the legislative regime, and best practice recommendations to local government.

Key recommendations for government to consider were that local authorities should regain the power to suspend members (for up to 6 months) as a sanction for breaching the Code; the criminal offence regime in relation to Disclosable Pecuniary Interests should be abolished but the classes of registrable interests broadened; a register of gifts and hospitality be re-established; and independent members of standards committees should be allowed to vote.

Local government would have to await the government's response to the recommendations. In the meantime it was within the Council’s power to review and act on the best practice recommendations.

The Monitoring Officers for all Worcestershire local authorities had reviewed the current Members’ Code of Conduct (the “pan-Worcestershire Code”) and the best practice recommendations. The Monitoring Officer’s report included a commentary on how these are currently being addressed.

There remained a consensus that a pan-Worcestershire Code remains the best approach for the benefit of the public, members, and good governance. The Monitoring Officers considered that the current Code was fit for purpose, but would benefit from a few relatively small amendments flowing from some of the Nolan best practice recommendations relevant to the Code. A revised draft was attached to the report, showing the proposed changes. This draft was currently being considered for approval by all Worcestershire local authorities’ standards and ethics committees and it would be open to the parish councils in Worcestershire to also adopt the revised draft.

The Monitoring Officer responded to questions from Committee members on detailed aspects of the report.

The Committee concluded that the draft Code of Conduct set out at Appendix 2 should be endorsed and recommended to the Council for adoption.

With regard to the Council’s Complaints Procedures, the Standards Committee last reviewed and approved these in 2014. In response to the best practice recommendations and based on experience of using the Procedures, the Monitoring Officer proposed to review those Procedures and report to a future meeting of the Standards Committee on any potential changes to the Complaints Procedures which may be beneficial.

RESOLVED: That the Committee agree to:

1.    note the recommendations of the report published by the National Committee on Standards in Public Life on ethical standards in local government, as set out in Appendix 1 of the report;

2.    note the discussions which have taken place between the Monitoring Officers of the principal authorities within Worcestershire in response to those recommendations;

3.    endorse the principle of a pan-Worcestershire Code of Conduct for members;

4.    endorse the draft Code of Conduct set out at Appendix 2 and recommend that Council adopts it; and

5.    note that a further report will be brought to Committee following a review of  ...  view the full minutes text for item 26.

To review the registers of Members’ and Officers’ gifts and hospitality and register of interests. The registers will be available for inspection from 6.30p.m. onwards, so that Members can have the opportunity to review them either before or at the meeting.

The Committee were given the opportunity to review the registers of Members’ and Officers’ gifts and hospitality and register of interests.

Which in the opinion of the Chairman is of sufficient urgency as to warrant consideration.

None.

The Committee is invited to pass the following resolution:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of information as defined in Schedule 12A of the said Act.

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of information as defined in Schedule 12A of the said Act.

Of the meeting held on 26^th June 2019 to be approved and signed.

RESOLVED: That the minutes (Exempt items) of the meeting held on 26^th June 2019 be approved as a correct record and signed by the Chairman.

To advise the Committee of an upheld complaint by the Local Government and Social Care Ombudsman.

The Monitoring Officer advised the Committee of an upheld complaint by the Local Government and Social Care Ombudsman (LG&SCO). The Monitoring Officer advised that the final decision statement had not yet been published by the Ombudsman on their website. The Ombudsman had therefore requested that the report be considered by the Committee in private.

The Committee noted the findings.