Agenda item

To receive and note the report.

The MO introduced the report and informed Members that in the past year the Council had adopted a new Model Member Code of Conduct, and the report contained details of how many code of conduct complaints had been received in the 2021-22 municipal year for District, Parish and Town Councillors. She added that most complaints related to alleged bullying and/or disrespect, and the report also contained example guidance given to Councils for consideration. It was noted that the Council’s Independent Person had reached the end of their tenure, and a recruitment process had begun to find a replacement. The MO noted that several complaints received were Councillor to Councillor, and some Parish and Town Councils appeared to be more susceptible to complaints than others.

Questions and Discussion

      i.        Cllr N Dixon referred to the nature and prevalence of complaints related to bullying, harassment, disrespect and dismissive behaviour, and asked whether there was more that could be done to address these issues, given the resource requirements for processing complaints. He added that it could be helpful to take a more proactive approach to training and guidance that may reduce this type of behaviour, as it had a negative impact on Councillors and engagement in local democracy. It was noted that of the 121 Parishes throughout the District, only a small number were listed within the complaints register, which suggested it could be relatively easy to target support where required.

     ii.        The Chairman asked whether NALC had a role in addressing complaints, to which the MO replied that most complaints on the register related to alleged behaviour, in which case the vast majority resulted in no further action required. She added that reviewing complaints did have a significant impact on Council resources, with some complaints accompanied by up to thirty pages of supporting information. The MO stated that it would be inappropriate for her to offer pre-complaint guidance and advice, as she needed to remain impartial, though NALC were well placed to offer this type of support. She added that Members may be interested in determining the resource required to review code of conduct complaints on an annual basis, which could be published to show complainants the cost. Cllr N Dixon suggested that early intervention could be helpful address issues in an informal way so that they were less likely to result in formal complaints, which would save the Council time and resource.

    iii.        The MO informed Members that complaints were subject to a screening process to determine whether complaints required full investigation, or were otherwise considered not to present a breach of the code of conduct, in which case advice would be offered. The Chairman asked whether the Chair or Clerk of Parish and Town Councils may be well placed to offer early advice on matters and whether this would be appropriate. The MO replied that this approach could lead to further issues, and legislation required that complaints were considered by the District Council. She added that the best option would be for Councils to seek support and guidance from NALC as an independent body.

   iv.        Cllr A Brown noted that many Town and Parish Councils used different codes of conduct, though the Nolan Principles were a common theme, and suggested that it could be helpful for primary legislation to standardise the code across Councils. He added that independent mediation from an alternate Parish or Town Council may be an option as a form of peer to peer support.

     v.        Cllr J Rest noted that in his experience, Chairmen had been able to address issues at the Town or Parish level, which negated the need for a formal code of conduct complaint. He added that when appropriate, Chairmen could be asked to resolve issues as part of an early intervention process. The Chairman suggested that Town and Parish Councils should be made aware of the number of complaints received, which may help to discourage or address inappropriate behaviour at its source. He added that there was potential for Parishes with a high number of co-opted Members to misrepresent their parishioners, and this had to be addressed, where necessary. Cllr N Dixon suggested that a Chairman couldn’t always be relied upon to resolve issues, and NALC may be a better option in these circumstances. The MO noted that not all complaints were Councillor to Councillor, and Council Chairmen were not well placed to intervene in cases that involved members of the public. She added that it could be helpful to notify Councils if they were subject to a high number of complaints, alongside the costs of investigation.

   vi.        The MO stated that with regards to the varying codes of conduct used across the County, efforts had been made to encourage all Councils to adopt a single code of conduct, though unfortunately this had not been successful. She added that a further request to Clerks and Chairs had been made at the Town and Parish Council Forum to encourage adoption of a shared code of conduct. It was noted that using other Parish or Town Councils to mediate issues would not be compliant with existing legislation.

  vii.        Cllr N Dixon proposed that the Committee consider developing an additional filter or pre-action protocol to address issues before they reached the stage of complaint. He added that in addition to notifying Councils that received a high number of complaints, offering additional support would be helpful. The MO replied that the initial filter separated complaints that did not amount to a breach of the code of conduct, and asked for clarification of what further action was being suggested. Cllr N Dixon replied that the overall objective would be to reduce the number of complaints received, and his proposal sought to determine whether early stage interventions could help lower the number of complaints. The Chairman asked whether it would be helpful to have a Member of NALC attend to provide input. The MO replied that the Committee had previously shown interest in having a NALC representative attend, to which to the Chairman asked if this could be arranged for November.

 viii.        Cllr A Brown referred to the key messages section of the report and asked whether policies such as the Code of Conduct and Whistle Blowing Policy were publicly available on the Council’s website. The MO replied that the Whistle Blowing Policy was available on the intranet and the Code of Conduct was available on the NNDC website, as well as being in the Constitution. Cllr A Brown referred to the proposals for two independent persons, and asked what the cost implication would be. The MO replied that the Council was required to have at least one independent person with a second providing additional resilience, if required. She added that it was not an expensive service, and would not require significant additional expenditure.

   ix.        Cllr J Rest referred to a complaint where the subject member had resigned as a Councillor, and noted that the Council in question was shown to have frequent complaints relating to the same issues, which suggested that additional training was clearly required. The MO noted that where a Councillor had resigned, sanctions could no longer be imposed as the individual would no longer have any obligations to the Council.

     x.        It was confirmed following a question from Cllr A Brown that complaints relating to Clerks were not included, as they did not relate to the Members’ Code of Conduct.

   xi.        Cllr N Dixon referred to a particular complaint and asked for an update on progress, to which the MO replied that an initial review had taken place and the complaint had progressed to a formal investigation to determine whether there had been a code breach. Cllr N Dixon raised concerns that the complaint had taken almost eleven months to reach this stage, and asked whether there was a reason for the delay, to which the MO replied that she would seek an update from the investigating officer.

  xii.        The Chairman asked at what point a complaint was determined to progress to a hearing, to which the MO replied that this would be at the point that a breach of the code had been found which warranted consideration, as a result of possible sanctions be required. She added that there was not a specific timeframe that could be given for this process. The Chairman referred to a complaint that he had been aware of at Parish level, and noted his surprise that it had not reached the Committee for a hearing. The MO replied that the issues raised had been resolved during the investigation.

 xiii.        Cllr N Dixon proposed that consideration be given to investigating early intervention methods to resolve issues prior to the point of complaint, with NALC invited to the next meeting to provide input. Cllr A Brown seconded the proposal.

RESOLVED

That consideration be given to investigating early intervention methods to resolve issues prior to the point of complaint, with NALC invited to the next meeting to provide input.