Strengthening the standards and conduct framework for local authorities in England

James Berry offers his insight into how the proposed changes to standards and conduct rules will affect local authorities.

Between December 2024 and February 2025, the Government consulted on proposals to introduce measures to strengthen the standards and conduct regime for local authorities in England.

Currently, the standards and conduct framework for local authorities, as set out in the Localism Act 2011, requires every local authority to adopt a code of conduct, which must as a minimum be consistent with the Nolan principles of standards in public life (selflessness, integrity, objectivity, accountability, openness, honesty and leadership). The framework also sets out rules regarding members declaring pecuniary and non-pecuniary interests.

The current regime, however, contains no provision enabling suspension in the event of a breach of conduct, which consequently limits authorities to less robust measures, such as barring members from Cabinet, Committee or representative roles, a requirement to issue an apology or undergo code of conduct training or public criticism.

Authorities cannot withhold allowances from members nor ban them from premises or withdraw the use of facilities.

This lack of teeth in the standards regime has long been subject to criticism, with the Committee on Standards in Public life commenting in its 2012/13 Annual Report that “We do not think these (sanctions) are sufficient”[1] and in its 2019 Report that “this lack of enforcement authority is a weakness in the system, which may also deter genuine concerns being raised”[2]

Outcome of the consultation on the standards and conduct framework

In a Ministerial statement responding to the results of the consultation, Alison McGovern MP, Minister for Local Government and Homelessness set out the Government’s intention to legislate to:

• Introduce a mandatory code of conduct, which will include a behavioural code, for all local authority types and tiers.
• Require all principal authorities to convene formal standards committees, to include provisions on the constitution of standards committees to ensure objectivity, accountability and transparency.
• Require all principal authorities to offer individual support during any investigation into code of conduct allegations to both the complainant and the councillor subject to the allegation.
• Introduce at the authority level 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.
• Give powers to authorities to suspend elected members for a maximum of six 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.
• Give powers to suspend elected members on an interim basis for an initial period of three months which, if extended, will require regular review in response to the most serious allegations involving police investigation or where sentencing is pending.
• Introduce new disqualification criterion for any elected member subject to the maximum period of suspension more than once within five years.
• Create 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.

Sharpe Pritchard’s thoughts on changes to the standards and conduct framework

The Government has ambitious plans to reorganise and reform local government and clearly sees the benefit of strengthening the standards regime to further support its devolution agenda and there is no doubt that change is to the standards regime would be a welcome development.

However, whilst the proposed changes are promising, the devil will be in the detail with particular focus likely to be on issues such as the composition of the standards committees, whether the role of the Independent Person will be strengthened and in particular the ever-vexed issue of how to take the party politics out of the misconduct process.

Monitoring Officers, who are often the first port of call for complaints against members, will hope that a more effective standards regime will help to support what, can be one of the most difficult and stressful parts of their role.

Restoring the legal protections, which protected statutory officers fulfilling their legal duties without fear of negative personal consequences, are conspicuously missing from the Government response to the consultation.