Agenda and minutes

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Of the meeting held on 7^th July 2022 to be approved and signed.

RESOLVED: That the minutes of the meeting held on 7^th July 2022

be approved as a correct record and signed by the Chair.

That the Committee consider the Annual Review Letter (Appendix 1) of the Local Government and Social Care Ombudsman (LG&SCO) for the period covering 1st April 2021 to 31st March 2022 for information and comment.

The Committee considered the Annual Review Letter of the Local Government and Social Care Ombudsman for the period to 31^st March 2022. The Monitoring Officer highlighted the main findings.

In the ensuing discussion, a request was made for some information to be provided on the nature of the cases that were referred to the Ombudsman. In response, the Monitoring Officer stated that a summary paper can be provided at a future meeting. This will need to be an exempt report as information on individual cases is not published unless an investigation is carried out by the Ombudsman.

RESOLVED: That the Committee agree to note the Annual Review Letter of the Local Government and Social Care Ombudsman for the period covering 1^st April 2021 to 31^st March 2022.

That the Committee note any complaints which have received a report, an upheld decision or where maladministration has been identified by the Local Government and Social Care Ombudsman.

The Committee were informed that no reports had been received from the Ombudsman since the last meeting of the Committee.

RESOLVED: That the Committee note the report.

That the Committee note the report.

(To follow)

The Committee received a report from the Monitoring Officer on complaints made under the Members’ Code of Conduct. The Monitoring Officer advised that, since the last meeting of the Committee in July 2022, 4 complaints have been received and the current status of each was as follows:

·          Complaint 1: referred to a Standards Sub-Committee hearing. Outcome: no breach of the Code; complaint dismissed.

·          Complaint 2: referred for informal resolution.

·          Complaint 3: under assessment.

·          Complaint 4: no breach of the Code, complaint dismissed.

RESOLVED: That the Committee note the report.

To receive an update from the Monitoring Officer on a number of matters.

(Report to follow)

The Committee considered a report on a number of ethical standards matters. The Monitoring Officer presented the report, which covered the following:

Code of Conduct for Members

The Committee agreed in July 2022 to recommend the Council to adopt the revised Code, using the Local Government Association (LGA) Model Code of Conduct as the basis for a new draft of a pan-Worcestershire Code. As the Code was still progressing through iterations of governance at other Worcestershire authorities, a recommendation on the final draft for adoption by the Council was held in abeyance with a view to seeing if one single agreed version could be accepted by all the Worcestershire local authorities.

In the intervening period, other Worcestershire councils had resolved to either adopt the Code as slightly amended by the Worcestershire Monitoring Officers group, or, in the case of the County Council, adopt it verbatim as per the LGA Model Code. Therefore, no single unified Code was now being adopted across the Worcestershire councils, although the local variations were very minor.

In the circumstances, the report recommended that the version of the Code which was considered at the July 2022 meeting be adopted, with some minor changes from the Monitoring Officer to reflect that there is no pan-Worcestershire version, to reflect current use of the seven Nolan Principles of Public Life (not ten), and to pick up a typographical error. The key reasons to move to this new draft were the plain English approach of the new LGA version and the ability to keep pace with LGA guidance.

Ethical Framework - Government Response to the Nolan Committee

The Committee had previously endorsed a response from the Monitoring Officer to the Nolan Committee about the practicalities of operating ethical standards arrangements under the Localism Act 2011. The Government’s response to the Nolan Committee recommendations was appended to the report. In essence, no significant changes to the ethical standards regime were planned by the Government, preferring that matters are left to local discretion. The Government had supported the Committee’s recommendation to remove councillors’ personal addresses from the public record in the interests of safety; a legislative amendment will be needed to make this effective. There were a number of instances where the Government’s response to recommendations will be kept under review.

Guidance and Case Law on the Application of the Code and Ethical Framework

The LGA had produced detailed guidance on the Model Code, a copy of which was appended to the report. The guidance included brief explanations of some points which this Committee had discussed previously, for example:

•    the meaning of respect (and civility);

•    scope of conduct on social media potentially inside/outside of the Code;

•    dealing on behalf of the Council/ representing in correspondence;

•    the application of Article 10 freedom of expression on the Code.

Also appended was a summary of a recent case, Robinson vs Buckinghamshire Council, which underscored the significance of Article 10 freedom of expression and how it can limit the remit of the  ...  view the full minutes text for item 36.

To consider a revised procedure.

(Report to follow)

The Committee considered a report on the Council’s procedures for the assessment and investigations of complaints that councillors have breached the Code of Conduct. The Monitoring Officer presented the report and explained that the current procedures were adopted in 2014 and last amended in 2017. They were therefore due for review and the she had carried out a review to ensure they are consistent with the Local Government Association (LGA) guidance. Improvements were suggested which learned from recent experiences, where better mechanisms, or clarity in the wording, could have assisted all parties.

The key issues that this review had addressed in summary were:

•    Brief explanation of the reach of the procedures and confirmation that they will always be interpreted so as to be consistent with the LGA Guidance;

•    Clarity over what information will be kept private and what may ultimately be put into the public domain;

•    Expanded section on the management of complaints when they are initially lodged;

•    Criteria by which initial assessments will be made;

•    Option of referring the initial assessment decision to a Sub-Committee so there is Member input at this potentially sensitive stage;

•    Clarity that the Monitoring Officer may also act as Investigating Officer if an investigation is required;

•    Removal of prescriptive hearing procedure rules so they can be tailored to the specific hearing, with key principles consistent with the LGA Guidance;

•    Clarity that a published decision notice will be given and that there is no internal right of appeal.

Revised procedures were appended to the report.

In making her presentation, the Monitoring Officer stated that it would be beneficial to include in the procedure the ability for the Monitoring Officer to refer an initial assessment to a Sub-Committee for consideration as to whether to take forward, where the complaint is considered to be particularly sensitive; ultimately the decision would rest with the Monitoring Officer after consultation with a Sub-Committee.

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

·        The Chair emphasised the role of the Monitoring Officer and Independent Person in helping to ensure the process is conducted impartially.

·        It was suggested that it may be helpful to include Parish Councillors or an Independent Person in the pool of persons who can consider a complaint. The Monitoring Officer agreed to consider this point further.

·        Committee Members expressed support for the principle that anonymous complaints should not usually be progressed, unless the Monitoring Officer considers that there is an overriding public interest in doing so.

·        With regard to keeping their identity of the complainant from the person who is the subject of the complaint, the view was expressed that this should only be done in exceptional circumstances.

·        The Monitoring Officer advised that the procedure can only be used to consider complaints about the conduct when acting as a member of this Council. Issues relating to membership of another Council would be subject to that authority’s agreed procedure.

RESOLVED: That the Committee approve the revised procedures for the assessment  ...  view the full minutes text for item 37.

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 Chair is of sufficient urgency as to warrant consideration.

None.