By using this site, you consent to the use of cookies. This site uses cookies to provide enhanced functionality and to analyse how visitors use the site, but it does not identify individual users.
Ministers publish "illustrative text" of local authority code of conduct
Friday, 13 April 2012 14:46
The Department for Communities & Local Government has published an “illustrative text” setting out what a council’s code of conduct might look like under the incoming standards regime.
Publication of the document, which can be found here, comes after the Standards Board for England was formally abolished on 31 March.
The DCLG confirmed that the new regime will come into effect from 1 July 2012, when all standards matters – “including consideration and determination of outstanding complaints made during the period the Standards Board regime was operating” – will be the responsibility of local authorities.
A 'Nolan-based' code, the involvement of an independent person in allegations of misconduct, and the new criminal offence for failing to declare or register interests will also come into force on that date.
The DCLG said the new code was a matter for local determination, but its text illustrated what one might look like.
“By releasing councils from the old regime of prescriptive uniform codes councils will be able to ensure that their own codes encourage freedom of speech and can not be used to silence or discourage conscientious councillors from whistle blowing on misconduct,” it claimed.
It also suggested that the new framework would be particularly welcome at smaller authorities and parish councils.
Local Government Minister Bob Neill, who has written to council leaders arguing that the changes represent an opportunity to raise local standards, said: “As the death knell tolls for the unpopular and unelected Standards Board regime, councils and communities can look forward to a new era of locally set codes of conduct that will prevent corruption, ensure high standards in public life, and put an end to petty, partisan and malicious complaints that have dragged down the reputation of local government.
"Instead of having hundreds of expensive and frivolous investigations hanging over their heads local councillors will be free to get on with the job of getting the best for their local area. But far from letting councillors off the hook without any checks we are ensuring that they conform to the highest standards and anyone who abuses their position for personal gain can expect to face the full force of the law."
The Local Government Association, Solace and the Association of Council Secretaries & Solicitors are understood to have agreed their own template for a code of conduct. Differences over the respective merits of two previous drafts were reportedly resolved earlier this month.
Add comment
The use of pseudonyms is permitted. Supplying an email address is optional and will not be published or used for any purpose other than notifying you of new comments on this article (if requested below).
All comments will be moderated before publication. We reserve the right not to publish comments that are offensive, defamatory or irrelevant to the topic.
Town and parish councils are to be given powers to submit proposals directly under the Sustainable Communities Act 2007, the Government has announced. Read more
The Local Government Ombudsman is independent and accountable and has undergone an impressive restructuring, but should be led by a single chief ombudsman presiding over a unified complaints-handling process, an… Read more
The Information Commissioner’s Office (ICO) has said that Barnet and Manchester City councils are to be monitored this quarter over concerns about the timeliness of their responses to FOI requests. Read more
Bidders who miss out on a procurement will often want to get hold of documents to see if they can bring legal action. Helen Prandy looks at the issues this raises. Read more
The Department for Communities and Local Government is seeking power to direct local authorities’ compliance with the Publicity Code. The move raises significant issues, write Olwen Dutton and Peter Keith-Lucas. Read more
A local authority officer recently succeeded in a counter-claim for libel. Wesley O'Brien and Jonathan Moore look at the lessons to be learned. Read more
The First-tier Tribunal has handed down an important ruling on whether local authorities can properly charge for non-disbursement costs under regulation 8 of the Environmental Information Regulations. Christopher Knight analyses the judgment. Read more
Eleanor Grey QC, Catherine Dobson and Jennifer Thelen look at the latest information law cases, which range from time limits to striking out, and from personal data to Prince Charles' correspondence. Read more
Author: Nicholas Dobson, Pannone This paper outlines the changing role of the local government lawyer in the context of the legal, political and constitutional framework of local government. This paper looks at the legal powers that underpin the role of local authorities, including the new general…
Author: Nicholas Dobson, Pannone The general power of competence has been designed to give councils the confidence to act, using the power as their primary tool, without needing to refer back to central government. The question is: will the new power deliver?
Author: Nicholas Dobson, Pannone Ministers entered government much exercised about the law surrounding predetermination. In the opinion of some, this was a conspiracy by local government lawyers to undermine the democratic process. And they were going to have none of it! The 2010 Conservative Party…
Author: Anya Proops, 11KBW The body of jurisprudence relating to freedom of information has continued to develop apace over the last year. The exponential growth in appeals being heard by both the first-tier and upper tribunals has meant that practitioners are having to work ever harder to keep…
There has been plenty of action this week on the tenders front, most notably with the news that the London Boroughs Legal Alliance is to establish a new solicitors framework agreement from this October.
If you’re a householder, having to take legal proceedings must be a nuisance. And even more so when the issue is a nuisance at law; and a toxic one at that.
All comments will be moderated before publication. We reserve the right not to publish comments that are offensive, defamatory or irrelevant to the topic.