1.      INTRODUCTION AND BACKGROUND

1.1     It is a requirement under the Localism Act 2011 that all Councils adopt a Code of Conduct and that the Code adopted must be based upon the Nolan Principles of Conduct in Public Life. The current Members’ Code of Conduct (“the Code”) for Maidstone Borough Council is set out in the Constitution adopted in May 2015 (and is unchanged from the previous Code of Conduct).

1.2     The Localism Act 2011 requirement to adopt a Code of Conduct also applied to all the Parish Councils. Consequently, all the Parish Councils in the Maidstone area adopted their own Codes of Conduct with the majority adopting the Borough Council’s Code of Conduct.

1.3     Under the Localism Act 2011 Maidstone Borough Council is responsible for dealing with any complaints made under the various Codes of Conduct throughout the Maidstone area.

1.4     The Constitution stipulates that oversight of Code of Conduct complaints would fall under the terms of reference of the Audit, Governance and Standards Committee.

1.5     As part of the Committee’s oversight function it is agreed that the Monitoring Officer will provide reports on complaints to the Audit, Governance and Standards Committee.  It should be noted that the Localism Act 2011 repealed the requirement to publish decision notices; therefore in providing the update to the Committee the names of the complainant and the Councillor complained about are both kept confidential in accordance with the Data Protection Act 1998.

1.6     In the previous report to this Committee it was reported that for the period 1 January 2017 to 31 May 2017 there had been one new complaint which related to three separate subject members.   Unfortunately, due to an error in the recording procedure this was incorrect.  The procedure has now been rectified and I can report that there were actually six complaints during the period relating to eight subject members. 

1.7     Four of the complaints related to Parish Councillors and two to Borough Councillors.  Following initial assessment none of the complaints were progressed as four failed the ‘Legal Jurisdiction Test’ and two failed the ‘Local Assessment Criteria’.

1.8     Since the last report to this Committee there have been five new complaints submitted to the Monitoring Officer.  Three of the complaints relate to Parish Councillors and two relate to Borough Councillors.

1.9     Two of the complaints received are at the initial assessment stage, two have not been progressed as they failed the Local Assessment Criteria and one was resolved by informal resolution with training being provided by the Monitoring Officer to the Parish Council.

1.10 The Constitution provides for a Hearings Sub-Committee to meet to consider any complaint which remains valid after investigation and consideration by the Monitoring Officer in consultation (as required) with the Independent Person.  To date the Hearings Sub-Committee has not yet been required to meet.

2.        AVAILABLE OPTIONS

2.1     The Committee could decide that they no longer wish to receive the updates on complaints under the Code of Conduct.  This is not recommended as it is part of the Committee’s general oversight function.

2.2     That the Committee note the update on complaints received under the Members’ Code of Conduct.

3.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

3.1     Option 2.2 that the Committee note the update on complaints received under the Members’ Code of Conduct is recommended as it is essential that the Committee continue to oversee the complaints received.

4.       RISK

5.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

5.1     Members of the Audit, Governance and Standards Committee and the Independent Person in accordance with the relevant complaints procedure will be consulted with on individual complaints as and when necessary.

6.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

6.1     As the report is for information only no further action will be taken.

7.       CROSS-CUTTING ISSUES AND IMPLICATIONS

8.        REPORT APPENDICES

None

9.        BACKGROUND PAPERS

None