To enable the committee to be assured 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:

·       The Council had received 24 Code of Conduct complaints since the last update, 3 of which were against Hereford Councillors and 21 against Parish Councillors.

·       Over half of complaints were raised by residents and there were no complaints raised by members of Herefordshire council or officers. 46% of complaints had been raised by parish, town and city councillors.

·       Looking at the breakdown of what had been done with these complaints over the last two years, it was noted only two of the complaints actually went to Investigation posing the question why so many complaints were being received with so little merit and what could be done to promote other avenues.

·       Information provided by NALC had indicated that only 7 Parish/Town Councils had signed up to the Civility and Respect Pledge, the second lowest in the country. It was agreed that we would consider ways to promote the pledge which in the long run could aid in reduced complaints and aid in the reduction of resources. 

·       Appendix 1 was highlighted where increases were seen in Ross and Wye Town Council and Homer and Shelwick and Colwall in the last six months. It was noted no complaints had been received by Bartestree and Lugwardine and Walford and Llangarron which historically have had higher levels of complaints.

·       The theme of complaints was still predominantly around disrespect and non-declaring of a personal interest.

·       The average time taken in days from receipt of a complaint to the initial decision of the Monitoring Officer was 22 days.

·       The response time for the Independent Persons to provide their views on matters is currently an average of 2 days which is considered to be exceptional and, in many cases, have been received the same day.

·       One formal investigation had taken place during the period and took 56 days due to the number of interviews and delays in interviewees making themselves available. The matter is due to be referred to a Standards Panel.

·       The Independent person (IP) highlighted how the report was extremely helpful in setting the scene and clearly explaining the issues. It provided a good level of transparency, the IP’s felt their views are considered and feel valued. The organisation of the effective team under the monitoring officer was highlighted and that there was a clear understanding of their role, remit, responsibilities which ensures complaints are dealt with swiftly for all parties. They were encouraged to see that some parish councils were addressing their training and governance arrangements.

The HLS and Chair expressed they’re thanks to the IPs for their contributions.

·       Following the committee’s recommendation, a letter was sent to the secretary of state asking her to introduce a more effective standards regime with appropriate sanctions. The government had launched a consultation which the Council’s response and recommendations can be found at appendix 2. The response had been drafted by officers, but the views of the committee and Group Leaders had been sought.

In response to committee questions.

1.     The HLS explained that complaints submitted with no merit are dealt with almost immediately. Complaints that are required to be looked in to would normally take on average 22 days.

2.     It was confirmed that it can take up to 3 months from Initial Assessment decision when a matter is proceeding to formal investigation, to outcome following that investigation.

3.     The committee were reminded that the purpose of sharing decisions with the standards panel members was to keep them aware of the volume of work, what the decisions are being taken by the monitoring officer and for them to have strategic oversight.

RESOLVED:

The Committee noted the update on the Code of Conduct complaints arrangements and approved the draft response to Ministry of Housing, Communities and Local Government (MHCLG) as set out in Appendix 2.

Action(s):

2023/24-049 Further consideration be given to promoting the Civility and Respect Pledge which in the long run could aid in reduced complaints and aid in the reduction of resources.  The monitoring officer to write to ward and town councillors to promote and inform them of the Civility and Respect Pledge. The Committee to be provided with updated figures on participation in the next report to the Committee.

2023/24-052 The monitoring officer to respond to the government consultation on Strengthening the standards and conduct framework for local authorities in England.”