Standards Advisory Committee - Wednesday, 18th September, 2024 6.30 p.m.

September 18, 2024 View on council website Watch video of meeting
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Summary

The meeting discussed arrangements for dealing with complaints against councillors, the proposed publication of new Local Government Association (LGA) best practice guidance for Standards Committees, and the possible creation of a 'Standards In Public Life' webpage for the Council. The Committee agreed to consider updating its processes for handling complaints and also agreed to provide further information to the LGA about how its Standards Committee operates.

Register of Interests, Gifts and Hospitality

Councillor Mufeedah Bustin declared that she had accepted two tickets to the All Points East Festival, valued at £200, from AEG, the company that organises the festival.

LGA Standards Committee Guidance

The Committee discussed a request from the LGA for information about how the Council's Standards Committee works. Hoey Ainscough Associates, which advises councils on Standards matters, is assisting the LGA with the development of new guidance for Standards Committees across the country and is particularly interested in the Tower Hamlets model because it is unusual in having as many independent co-optees1 as elected Councillors. The Committee agreed to provide the LGA with further details about its arrangements.

Councillors also discussed how the Committee's procedures for dealing with complaints could be improved. The Committee thought its existing process, which can involve multiple steps and sub-committees, was overly slow and bureaucratic, especially given the limited sanctions2 that are available to it.

Councillor Browne, who previously worked for a health regulator, said: > Sometimes the question is about how much confidence can you have in the process because of how it's all linked and everyone works together and how independently can you actually investigate the case.

Councillor Islam suggested that the Committee should consider ways to involve the public in its work and that it should look at ways to promote awareness of Standards amongst younger people.

The Committee agreed to set up a working party to look at these issues and to draw on experiences in other sectors.

Councillor Marshall MBE, a former Independent Person3, asked how the Committee could investigate matters that do not result in a complaint from a member of the public, and asked if it could commission its own investigations.

Mr Mannion confirmed that a change was made to the Committee's Terms of Reference in 2022 to allow it to raise issues with the Council. The wording states that the Committee has the power to report to council on any matters that it considers appropriate. The Committee agreed that it would be a good idea to bring this innovation to the attention of the LGA.

Standards in Public Life Webpage

The Committee discussed a proposal to create a web page for the Council explaining what Standards in Public Life are, and how the Council ensures they are upheld. Standards in Public Life are the seven principles of public life, often referred to as the Nolan Principles, which were first set out in a report by Lord Nolan in 1995. The principles are: selflessness, integrity, objectivity, accountability, openness, honesty, and leadership.

Mr Mannion said he had prepared some draft text for the proposed web page.

Councillor Islam suggested that it would be helpful to know how many people visit the web pages of other councils that already have Standards in Public Life web pages, and that it would be important to ensure that the Council's web page is written in plain English and is accessible to people with disabilities.

The Committee discussed whether the proposed web page should be a stand-alone page or if it should be part of a larger section on the Council's website about local democracy. The Committee agreed that it would be helpful to link the proposed web page to existing information, such as that provided on the Council's 'Be A Councillor' page.

The Committee agreed that Mr Mannion should develop the proposed web page taking on board the suggestions that had been made.

Annual Review of the Member Code of Conduct

The Committee discussed a proposal to merge its own procedural rules, which are found in Part D of the Council's Constitution, with Appendix C of the Code of Conduct for Members, which sets out how complaints about Councillors are handled. The Committee agreed that a single set of procedural rules would be clearer and easier to manage.

The Committee discussed a number of points about the proposed amendments, and in particular how they would affect the appointment of sub-committees to investigate and rule on complaints. The Committee expressed concern that its status as an advisory committee means it is not able to make decisions about complaints, and that it was confusing to have sub-committees of an advisory committee making formal recommendations.

The Committee discussed whether the Monitoring Officer should be able to seek the advice of a sub-committee when deciding whether a complaint should proceed to a formal hearing.

Ms Bayley pointed out that a decision had been made a few years ago to allow the Monitoring Officer to seek the advice of a sub-committee because it might want a bit of cover to make sure that... if they say something which somebody really really doesn't like they've got other people to back them up and they're not the only person up for you know getting yelled at.

The Committee discussed whether there should be criteria that determine which complaints are referred to a sub-committee.

Councillor Browne said: > I I don't I don't see that you talked about all about the monitoring officers interests and for the monitoring office to get cover and actually in my head that that's not a valid reason for a decision to go here or there. What should be is this is a particularly serious objective criteria this is a serious case or it involves you know criminal offenses or whatever it is there might be a set of criteria that mean it's a more serious case that needs more eyes on it.

The Committee discussed whether there should be an appeals process that allows complainants to challenge a decision made by the Monitoring Officer about a complaint, and agreed that this would not be appropriate.

The Committee asked how the Council would deal with a complaint about a Councillor who had been appointed by the Council to sit on an external body, and Ms Bayley confirmed that such a complaint would be considered under the Council's Code of Conduct for Members. She confirmed that training was provided to councillors appointed to external bodies.

The Committee agreed that Mr Mannion should proceed with the proposed changes to the Constitution and the Code of Conduct for Members, taking on board the points that had been raised.

Standards Advisory Committee - report on Code of Conduct matters for the year 2024-25 (to date)

The Committee received a report from Ms Bayley about the complaints that had been made against Councillors between May 2024 and August 2024. During that time, two new complaints were made. One of the complaints related to a press interview in which a Councillor allegedly made inappropriate & defamatory comments. This complaint was not upheld. The other complaint related to Untrue allegations against the council and administration during the previous term in office. This complaint was also not upheld.

The Committee discussed three complaints that had been made during the previous year. The first related to allegations that a Councillor's behaviour during a meeting of the HR Committee had been hostile and intimidating. A full investigation was undertaken into this complaint and although it was upheld, the Monitoring Officer decided that no further action would be taken. This decision was subsequently challenged by the complainant and referred to the Local Government and Social Care Ombudsman4.

The second complaint related to allegations that a Councillor had failed to support tenants living on an estate who were experiencing issues with damp and mould. This complaint was not upheld. The third complaint, which was still open, related to allegations that a Councillor had failed to respond to correspondence from a member of the public.

The Committee discussed the problem of councillors failing to respond to correspondence and complaints.

Councillor Islam said: > I can tell you, if this was something that you sort of brought to my attention, I'd make sure this is sorted out within a few days, within that week. It shouldn't be going long.

Councillor Chowdhury suggested sending complaints to councillors by recorded delivery to their home addresses.

Councillor Marshall MBE suggested that the LGA guidance should be updated to encourage councillors to respond in a timely manner.

Ms Walker said that she had discussed the issue of councillors failing to cooperate with investigations during training she had provided to councillors, and said that she would be raising it again during a report to the Council in October.

Work Plan

The Committee discussed its work plan for the rest of the year. The Committee agreed to have further discussions about the proposed LGA guidance in January 2025.


  1. An independent co-optee is someone who is not a councillor or a council officer, but who sits on one of the council's committees and offers independent advice and scrutiny. 

  2. A sanction is a penalty that can be applied to a councillor found to have breached the Code of Conduct. 

  3. Independent Persons are appointed by councils to provide independent advice on complaints made against councillors. They attend Standards Committee meetings and must be consulted when the Monitoring Officer is deciding whether to investigate a complaint. 

  4. The Local Government and Social Care Ombudsman (LGSCO) is an independent body that investigates complaints about councils.