Government commits to mandatory code of conduct for members

The changes, which will be packaged in new legislation and come in response to a consultation on standards reforms, will also include the creation of a new national appeals function for suspended councillors, and a requirement for councils to convene Standards Committees.

Writing in a ministerial foreword to the consultation response, Local Government Minister Alison McGovern said the reforms are aimed at dealing with misconduct "swiftly and fairly" across every tier of local government, "from the smallest town or parish council to the largest regional mayoral authority".

She added: "We want local and regional government in England to attract and retain the best possible talent, and for county, town and city halls across the country to promote fair and reasonable democratic discourse, without slipping into cultures which are toxic and intimidating.”

Elsewhere, she noted consultation responses which highlighted the "personal distress persistent bullying and harassment can cause for elected members and officers alike".

The response said that the Government now intends to "legislate for a whole system reform of the current regime as set out in Localism Act 2011", to include:

• the introduction of a mandatory code of conduct, which will include a behavioural code, for all local authority types and tiers
• a requirement that all principal authorities convene formal standards committees, to include provisions on the constitution of standards committees to ensure objectivity, accountability and transparency
• the requirement that all principal authorities offer individual support during any investigation into code of conduct allegations to both the complainant and the councillor subject to the allegation
• the introduction at the authority level of a ‘right for review’ for both complainant and the subject elected member to have the case reassessed on grounds that will be set out in legislation
• powers for authorities to suspend elected members for a maximum of 6 months for serious code of conduct breaches, with the option to withhold allowances during suspension for the most serious breaches and introduce premises and facilities bans either in addition or as standalone sanctions
• in response to the most serious allegations involving police investigation, or where sentencing is pending, the introduction of powers to suspend elected members on an interim basis for an initial period of 3 months which, if extended, will require regular review
• a new disqualification criterion for any elected member subject to the maximum period of suspension more than once within 5 years
• the creation of a new national appeals function, to consider appeals from elected members to decisions to suspend them and/or withhold allowances, and for complainants if they consider their complaint was mishandled. Any appeal submitted will only be permitted after complainant or elected member has invoked their ‘right for review’ of the local standards committee decision has been invoked and that process is completed

McGovern added: "Our reforms will put victims of elected member misconduct at the centre of the system by providing a right to appeal standards decisions and ensure that both complainants and respondents are supported throughout the process of code of conduct investigations. We also want to ensure that those complained about are given fair opportunity to make representations and that due process is in place throughout the course of complaints being considered.

"Frustration with the lack of meaningful sanctions and safeguards, even when elected members are under police investigation or carry out repeated breaches, was also clearly apparent amongst respondents. For a standards regime to be fit for purpose it must provide both appropriate safeguards and sanctions.

"I want to thank all the 2,092 respondents to this consultation. The results have clearly indicated there is widespread appetite for system reform and the steers we have received from respondents have shaped our decisions on the policy proposals this document confirms we will now be working to take forward."

Responding to the announcement, Cllr Matt Boughton, Chair of the Local Government Association’s Safer and Stronger Communities Committee, said: “The vast majority of councillors act with the best of intentions and uphold high standards. Yet, in those cases where standards have fallen, it is clear that the current system does not meet the requirements of modern local government. 

“We support measures that foster an environment in which respectful debate and freedom of speech is encouraged, providing clear national standards through a mandatory code, and robust, but proportionate sanctions for misconduct. Equally, reforms must protect the rights of councillors and complainants, whilst ensuring local representation is not inappropriately disrupted.”

Adam Carey