Guide for complainants (Broadland)

This guide sets out how we deal with complaints that a Broadland Parish or District Councillor has either:

  • Failed to declare a pecuniary interest in a matter OR
  • Breached the Code of Conduct

What happens next?

Your complaints will be reviewed against the Members' Code o Conduct Assessment Criteria you can find this doucument by clicking on the link

If your complaint meets the criteria, it will then be refferred to the subject in order that they may provide an initial response.

The Monitoring Officer and Independent Person will then consider the complaint and the subject's response.

Potential outcomes may be:

  • Decision to take no action
  • Decision that the Monitoring Officer shall resolve the complaint informally
  • Decision to refer the complaint for investigation

Failures to declare a pecuniary interest in a matter

In the first instance, the Monitoring Officer will refer these issues to the Police, as it is a prosecutable offence.  It may be the case that the Police decide to take no action, in which case the complaint would be treated in the same manner as breaches of the Council’s Code of Conduct.

 

Investigations

In some cases, an investigation may be required.  If the complaint relates to a parish councillor, depending on the nature of the allegation, in the first instance we may consult with the parish as to whether they wish to undertake the investigation themselves.  The Parish Council will progress the issue from this stage, subject to consultation with the Monitoring Officer and Independent Person.  If this is the case, then you will need to liaise with the Parish Clerk with any future queries.

Where the parish does not wish to investigate, or the complaint relates to a District Councillor, the Monitoring Officer will appoint an investigator.

During the investigation, the investigator may wish to speak to you and any other witnesses you have and obtain any evidence from you. The investigator will seek to clarify facts and statements with you at the time; however, it is up to the investigator to determine the content and findings in the final report.  You will be sent a copy of the final report.

The Monitoring Officer and Independent Person will then review the report and decide further action.  If the investigation has concluded there has been no breach of the Code of Conduct, it is likely this will not progress further.  If the report concludes there has been a breach, a meeting of the Standards Committee will be held, or other action could be taken at this stage.

 

Frequently Asked Questions

What If I am not satisfied with the outcomes?

There are various stages where you have the right to appeal to the Chairman of the Standards Committee – in particular:

  • If the Monitoring Officer and Independent Person initially review the complaint and determine no further action is required;
  • If the investigator determines there has been no breach of the Code, and the Monitoring Officer and Independent Person are in agreement this is the case;
  • If the investigator finds there has been a breach of the Code, but this is resolved locally by the Monitoring Officer

However, all decisions of the Standards Committee are final.

Does my complaint have to be referred to the subject member?

The Monitoring Officer will consider whether you are likely to suffer harm or victimisation as a result.  However, if this is the case, then the matter may be better resolved by law enforcement authorities rather than using the complaints process.

Referral to the subject member may allow for a quicker and more effective solution to the issue than a full investigation in the first instance.  It also allows them to present any information they have so the Monitoring Officer and Independent Person can view all sides of the issue before deciding the appropriate action to take.

If I am complaining about Councillor behaviour at a meeting, will the outcomes affect a decision made at the meeting?

Not necessarily.  A decision of a committee is not invalid just because a member has breached the Code of Conduct. 

Do I have the right to influence the action taken or the process of the investigation?

No.  The decisions of the Monitoring Officer and Independent Person may be subject to appeal to the Standards Committee Chairman, as above, but otherwise their decisions are final. 

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