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.

Since the last meeting, 12 valid Code of Conduct (CoC) complaints had been made against six district Councillors and eight parish or town Councillors.  Three were dismissed (C22-06, C22-07, C22-09), two were referred for investigation, one of which was found to have breached the local authority’s code (C22-04(1)), the other had not breached (C22-04(2), one unsuccessful attempted resolution which ended up being dismissed (C22-01) and other local resolutions involved apologies, training and consultancy (C22-03, C22-05, C22-08, C22-11(a)(b)(c), C22-12, C22-13).  The Council’s Independent Persons (IPs) were consulted on each case and either or both concurred with the proposed action.  Details of each case were identified at Appendix 1 to the report.

It was noted that with regard to C22-04(1), the cost of the external investigation had been £3,000 and any request to see the Investigating Officer’s final report should be made to Bexhill Town Council who had been provided with a copy.  In accordance with the Council’s policy, the name of the Member who had been found to have breached the Town Council’s Code of Conduct had been made public.    

During this time two non-valid complaints had been received, as well as a complaint against a Parish Clerk; the Complainant was advised to contact the Parish Council.  The last five complaints originated from a dysfunctional Parish Council and a consultancy had been commissioned to work with the Parish Council to resolve issues, rather than complaints being dealt with individually.  The consultancy’s approach had worked well elsewhere and would be more cost effective in the circumstances.  It was hoped that the cost could be shared with the Parish Council.

The MO advised that both IP’s had attended a remote conference for IPs on 29 June 2022; both had met with the MO and Deputy MO to consider feedback and any proposed practice changes.  As a result, it was proposed to make some minor amendments to the “Arrangements for dealing with Member Complaints” document (Minute AS22/37 refers). 

The MO and Deputy MO also attended two remote training sessions on the CoC; disrespect; declarations; sanctions; and working with parish and town councils (P&TCs).  Two on-line training sessions based on the Local Government Association’s (LGA) Model Code of Conduct had also taken place with the P&TCs. Despite only 8% attendance, feedback indicated that attendees found the session to be useful and informative.  One Parish Council was considering adopting the LGA Model.  After the elections in May 2023, sessions would be delivered on declarations of interest and the complaints process.

The Parish Council Representatives requested clarification about Members’ duties at meetings once a Disclosable Pecuniary Interest (DPI) had been declared, with specific reference to complaint C22-09.  The complaint had been dismissed due to the nature of the interest being misunderstood by officers and incorrect advice being issued.  There had been learning from this complaint and this would not be permitted to occur again.  The rules around DPIs were clear in P&TC’s constitutions (standing orders) and Codes of Conduct, but the Monitoring Officer  would send out further guidance to clarify.

RESOLVED: That the report be noted.

(Councillor J. Barnes declared a Personal Interest in this matter as Chair of Etchingham Parish Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillor Drayson declared a Personal Interest in this matter as a Member of Bexhill Town Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillor Thomas declared a Personal Interest in this matter as a Member of Bexhill Town Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).