New Standards Arrangements were approved by Council on 24 July 2012 following the implementation of the Localism Act 2011 and supporting legislation.  Council on 24 July 2012 agreed that the Standards Committee and/or the Modern Local Government Group keep the Code and Arrangements under review and report further to the Council as is considered necessary.  The Committee considered a report setting out how the new regime was working and proposing minor amendments by way of a desk top review from experience to date.

The Monitoring Officer reported that although there had been an increased number of complaints against town and parish councillors she felt that this had nothing to do with the new procedures and  it appeared that the initial intake test was working well.

The Committee considered the processes of the initial intake test in detail and a Member suggested that the ‘private capacity test’ be moved into the initial intake test.

The Committee also agreed that the timescales for submitting complaints should be reduced to 30 days as this should give complainants more than enough time to gather evidence and draft their complaint.  Members also agreed that the wording regarding the six week election period should be tightened to only include elections in which the Subject Member or the complainant were participating. 

In response to a question surrounding the proposed changes, the Monitoring Officer confirmed that on 24 July 2012 Full Council had delegated authority for minor consequential changes to be made to the processes and procedures.

The Committee also considered issues surrounding vexatious complaints and the Portfolio Holder for Safer communities suggested that it would be helpful for the Monitoring Officer to develop a vexatious complaints procedure and report back to the Standards Committee.

The Monitoring Officer also sought approval to advertise for another Independent Person as the term of office of the current Independent Person would end in June 2013 and it would be beneficial for there to be a period of work shadowing.

The Committee asked the Monitoring Officer to provide some additional training to new Members of the Standards committee on the new standards regime and processes as this would help new Members who may be required to consider complaints in the future.

Members thanked the Monitoring Officer for the comprehensive report and all the work that had gone into developing the new standards processes.

Resolved: That the following minor consequential changes be made to the Council’s new processes and procedures in relation to the new standards regime as follows:

a)     The criteria in relation to the Initial Intake Test be strengthened by the following amendments being made:

•    The behaviour took place within the last 30 days

•    The complaint is not being made within 6 weeks prior to an election where the Member subject to the complaint or the complainant is a candidate (no action will be taken in relation to such a complaint within this period)

•    The Member was acting in their official capacity. (If there is ambiguity the box should still be ticked and the matter assessed).

•    The complaint is a substantive allegation under the Code rather than a service, officer or a statement of policy disagreement or a disagreement within another organisation, such as a political group (in this case the complainant may be directed to refer the complaint to another organisation).

b)     The relevant Clerk be informed of a complaint relating to a Town or Parish Councillor when a complaint passes the Initial Intake Test.

c)      The Monitoring Officer advertises for an additional Independent Person, who would meet the legal criteria for appointment beyond 1^st July 2013.