The Committee received the routine report of the Monitoring Officer (MO) which set out brief details of the complaints received since the Committee’s last meeting held in June where complaints were considered and advised the Committee of other standards related matters arising since the Committee’s last meeting.

It was noted that this was the first meeting for the Council’s newly appointed Independent Person Robert (Bob) Brown and Parish Councillor Keith Robertson (who had been unable to attend). 

Since the last meeting there had been six valid Code of Conduct (CoC) complaints had been made against one district Councillor and five parish or town Councillors, all made by fellow Councillors.  In accordance with the wishes of the Committee, as none of the complaints had resulted in an investigation and a finding of fault, they were presented anonymously at Appendix 1 to the report.  During this time, one non-valid complaint had also been received against a district Councillor for alleged poor performance as a Councillor (not a code matter).  

Members were advised that the recommended outcome for cases C21/06 and C21/07 involved a local resolution in the form of an apology to the Parish Council.  The Subject Member had refused to apologise and, in such cases, the Council’s current arrangements was silent on this situation.  Members were requested to consider what action, if any, the Council should take in such cases, including referring for an investigation, doing nothing or sending a letter from the Chairman of the Committee.  Referring such matters for a formal investigation (if considered serious enough) would result in costs to the Council that were not recoverable and therefore in this particular case it was not considered to be in the public interest (financially) to pursue.  Sanctions against Subject Members who were found to be in breach of the Code of Conduct following a Hearing Panel were limited and in the case of Parish Councils, it was up to the Parish Council whether they acted on any recommendation.

If Members were minded to support the prospect of referring a complaint for investigation in these circumstances in consultation with the IPs, it was recommended that the MO be granted delegated authority to amend the “Arrangements” document to incorporate this provision.

After some discussion, Members agreed that, following a Subject Member’s refusal to accept a local resolution and it was considered not to be in the public interest to refer the matter on for formal investigation, a letter of rebuke should be written from the Chairman of the Audit and Standards Committee to the Subject Member and made public.

The MO advised that no formal standards related training had taken place since the Committee’s last meeting due to time constraints and other priority work.  With the appointment and commencement of the new Deputy Chief Executive and Monitoring Officer in January 2022, it was hoped that there would be increased capacity in the future in this regard.

Bob Brown and the MO had attended the MO Conference in October this year, held remotely, which provided a useful snapshot of the issues across the country.  It was clear nationally and in the Council’s own experience that a significant proportion of complaints originated from the parish and town councils.  Improving support to and offering training to parish clerks and town and parish chairmen could address some of the issues that ended up as complaints. 

It was also highlighted that the final new LGA Model Councillor Code of Conduct was published in May and guidance issued in July 2021.  Whilst the Council had agreed to retain its existing code until such times as the Government responded to the Committee on Standards in Public Life’s 2019 report and to keep continuity across the other East Sussex authorities, the guidance was a useful reference document for the shared common behaviours expected within the Council’s own code.  The MO would circulate the guidance to all Members.

RESOLVED: That:

1)         the Committee formally welcomes Mr Robert (Bob) Brown and Councillor Keith Robertson as the newly appointed Independent Person and Parish and Town Council representative on the Audit and Standards Committee;

2)         the Monitoring Officer be authorised to amend the Council’s Arrangements for Dealing with Member Complaints to include provision for a referral to formal investigation, where appropriate, in cases where Subject Members reject a local resolution proposal.  If a formal investigation is not appropriate, a letter of rebuke to be written from the Chairman of the Audit and Standards Committee to the Subject Member and be made public; and

3)         the report be noted.