Issue - meetings

The Head of Legal and Democratic Services introduced the report. He said that the Committee would receive an update report at each meeting to inform them of any complaints received regarding the conduct of District, Town and Parish Councillors.

The Head of Legal and Democratic Services referred to the table shown at paragraph 2.4 of the report, which listed the six such complaints received since the last meeting of the Committee on 5 January 2023. He said that identifying detail had been removed to maintain confidentiality.

The Head of Legal and Democratic Services said that each complaint received required him to consult with the Committee’s Independent Person and mutually agree upon a conclusion. 

The Chairman thanked the Head of Legal and Democratic Services for his report.

Councillor Stowe asked if the Monitoring Officer received confirmation that an apology letter had been sent, should a breach of the code be found, and this deemed to be the appropriate action to take.

The Head of Legal and Democratic Services said that when a complaint was made, both the complainant and the Member concerned were asked if they are happy to consult with each other directly. He said that he can act as a ‘go between’ if this was not appropriate, and that confirmation was sought to ensure that letters of apology were sent.

Councillor Clements asked if the number of complaints contained within the report was an average number to have been received, and how much time was spent dealing with a complaint.

The Head of Legal and Democratic Services said that even a trivial compliant took up a lot of time. He said that each required him to speak to the complainant to get a true understanding of the complaint, and how this related to the code of conduct. He said that he would also visit the Council in question to seek their view and speak to any witnesses. He said that any information given to him by the Councillor would also need to be investigated before consultation with the Independent Person. He said that the conclusion for each complaint was then relayed back to both parties. 

The Head of Legal and Democratic Services said that to have received six complaints in the period since the last meeting of the Committee was a little below average, with seven to eight more of a normal number. He said that it was important to understand that every complaint, even where no breach was found, could not be dismissed and required groundwork.

The Independent Person said that he endorsed what the Head of Legal and Democratic Services had said, adding that members of the public were entitled to complain, but tests were also required to ascertain if the Member was acting in the capacity of a Councillor at the time of the alleged breach.

The Independent Person said that it wasn’t unknown for members of the public to make complaints if they were unhappy with a decision made by a Councillor. He said that  ...  view the full minutes text for item 85