Issue - meetings

Complaint under the Localism Act

Meeting: 14/02/2017 - Standards Sub-Committee (Item 14)

Complaint under the Localism Act 2011 – Ware Town Council (1)

Additional documents:

Minutes:

The Council’s Monitoring Officer provided a summary of the report.  He explained the background to the complaint, the detail of which was set out in the report.  He sought Members’ advice on how to progress the matter.  A way forward was discussed at length, including how best to encourage mediation with an independently approved mediator.  This was supported.

 

The Independent Person (IP) explained the need to ensure that all those involved were fully engaged with the mediation process and the reputational and personal consequences which could follow, if such engagement was ignored.  The IP also referred to the expectations of local citizens in appointing their town councillors.

 

Members supported the suggestion that  the Monitoring Officer write to both the Town Councillor and Ware Town Council:

 

a)   requiring the Town Council to appoint an independent mediator from an approved list, such those offered via the Local Government Association; and

b)   Explaining to the Town Councillor and the complainant the reputational and personal consequences of not engaging in the mediation process, including progression to a full hearing.

 

Members also considered the issue of “gender balance” on the Sub-Committee which had been raised by a Member.  The IP commented that there was no statutory requirement for gender balance for Pre Hearing meetings and that it was undesirable that someone whose conduct was being tested, should have a say in the composition of a sub-committee.  He stated that to change the composition to satisfy someone who might have an interest, could open up the Council to criticism for complying with such a demand and set a precedent in relation to future complaints. 

 

Members noted the advice and agreed that a sub-committee should continue to be selected from those trained and available in a wholly objective manner.  This was supported.

 

RESOLVED – that the Monitoring Officer be requested to write to (A) Ware Town Council requiring it to appoint an independent mediator from an approved list of mediators such as those offered via the Local Government Association; and

(B)   The Town Councillor and complainant, explaining the reputational and personal consequences of not engaging in the mediation process, including the possibility of progression to a full hearing.