To assure the committee that high standards of conduct continue to be promoted and maintained. To provide an overview of how the arrangements for dealing with complaints are working together.

The Head of Legal Services (HLS) introduced the report the following points were highlighted:

·       There had been a 50% increase in complaints over the previous year, the majority of which continued to be against Parish/Town Councillors and was not surprising considering the numbers of Parish/Town Councillors.

·       70% of complaints had been registered by residents with 22% of complaints having been registered by parish and town councillors. The high number of complaints from parish / town councillors was an improvement from the previous 6 months however it was still disappointing as the scheme is meant to be in place primarily for members of the public.

·       60% of complaints in the year related to 3 councils which included Herefordshire Council.

·       70% of all complaints included disrespect and 25% of the complaints related to a failure to disclose an interest. Attention was drawn to appendix 4 of the report which provided the guidance circulated by the Monitoring officer to Parish/Town Clerks in April 2024 in an effort to raise awareness of councillors’ commitment under the Code of Conduct to treat others with respect.

·       39 complaints had been resolved during the period, only two of those had amounted to a formal breach of the code after an investigation and a decision by the monitoring officer. The remainder of those required no further action.

·       The average time taken in days from receipt of a complaint to the initial decision of the Monitoring Officer had decreased significantly from 61 days to 15 days.

·       The response time for the Independent Persons to provide their views on matters is currently an average of 3.6 days which is considered to be exceptional and in many cases have been received the same day.

·       The Independent persons had been consulted on the report and had provided their comments.

·       Attention was drawn to appendix 1, over 50% of the 158 complaints related to 44 councils, which was felt to be negative however only 11 parish councils had received more than two complaints during that same period which was felt to be positive given the number of parish councils in Herefordshire (137).

·       The arrangements for dealing with complaints about the code of conduct for member’s had been redrafted at appendix 2 which was thought to be clearer, more streamlined and sequential. A step by step flow chart of the process was included at appendix 3 of the report.

·       The HLS and Chair expressed their thanks to the Independent persons and Cllr Woodall for their contributions.

In response to committee questions, it was noted:

1.     The HLS would look to improve the visibility of the keys included within the charts for future reports.

2.     The process for dealing with multiple complaints about the same incident was provided.

3.     The guidance issued to Town/Parish councils in relation to disrespect be circulated to all ward councillors.

4.     The HLS would look to incorporate a note to highlight where multiple complaints were concerning the same incident in future reports.

5.     It was explained that the monitoring officer was responsible for determining an investigation officer by assessing the nature of the breach. Usually internal solicitors would be used based on their expertise or alternatively this could be outsourced to external providers.

6.     It was noted that a notice period of 5 working days for a standards hearing to be heard would be given and was chosen merely as part of the minimum requirement of the Local Government Act 1972. It was practice for a date to be chosen ahead of publication that suited all parties as long as it was within a reasonable amount of time.

7.     The HSL would look in to ways to address the issue of welfare to a councillor in receipt of a complaint but was noted currently that a councillor could make contact with the paralegals dealing with their case and that there were contact details provided on their notice. It was noted that before a notice was issued to a councillor where the case was thought to be complex, lengthy and potentially overwhelming, contact would be made with them prior to sending the notice giving them advance warning it was coming and the next steps and process to be taken.

Resolved that the Committee:

a)    noted the update on the Code of Conduct complaints arrangements in respect to 2023/24 and guidance issued to Town/Parish council in relation to Disrespect;

b)    approved the updated Code of Conduct arrangements as set out in Appendix 2 & Appendix 3 to this report and delegated to the Head of Legal Services provision to make any formatting, typographical or consequential additions or changes as necessary to give effect to this decision;

c)    requested the guidance issued to Town/Parish council in relation to Disrespect be circulated to all ward Councillors with a covering note and;

d)    a letter to be sent to Ministers to address the changes needed to better impose sanctions.

Action(s)

2023/24-033 The HLS would look to improve the visibility of the keys included within the charts for future reports.

2023/24-034 The HLS would circulate the report issued by Solace to committee members.

2023/24-035 The HSL would look in to ways to address the issue of welfare to a councillor in receipt of a complaint

2023/24-036 The HLS in consultation with the chair and vice chair respond to comments received from Cllr Harvey.