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Standards Committee - Wednesday, 11th December, 2024 7.00 pm

December 11, 2024 View on council website
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Summary

This meeting was scheduled to involve the Standards Committee considering a number of different matters relating to the conduct of councillors. This included appointments to subcommittees, an update on complaints about councillors, and consideration of training needs. The committee was also scheduled to consider a report about a new Model Code of Conduct published by the Local Government Association, and to begin developing a programme of future work.

Appointments to Subcommittees

The Standards Committee was scheduled to consider a proposal to appoint Councillors to its two subcommittees:

  • Standards Sub-Committee A
  • Standards Sub-Committee B

The subcommittees, which are made up of both councillors and independent members of the public, are responsible for considering complaints about the conduct of councillors.

Complaints Update

The Standards Committee was scheduled to receive an update on recent complaints made under the Councillors’ Code of Conduct. The report included a recommendation that the committee noted the contents of the report.

The report provided a summary of complaints that had been considered by the Monitoring Officer, Jeremy Chambers1, since the previous update to the committee.

One of the matters described in the report was a complaint against a councillor investigated by an Investigating Officer appointed by the Monitoring Officer. The Investigating Officer recommended that no breach of the Code of Conduct had occurred, and the Sub-Committee decided that there was no breach of the Code of Conduct.

Local Government Association Model Councillor Code of Conduct

The Committee was scheduled to receive a report about the new Model Councillor Code of Conduct that had been published by the Local Government Association (LGA).

The Model Code was published in response to a recommendation by the Committee on Standards in Public Life. Their Local Government Ethical Standards Report 2019 recommended that the Local Government Association (LGA) should create an updated model code of conduct for use by local authorities.

The report explained that the LGA recognised that there are benefits to local authorities being able to amend and have ownership of their own codes of conduct. However, it said that a model code would enhance the consistency and quality of local authority codes of conduct.

The Model Code is not mandatory, and each local authority in the UK is still responsible for setting its own Code of Conduct. However, the report recommends that the Standards Committee hold an informal workshop in early 2025 to undertake a detailed review of the Model Code with a view to considering any recommendations about changes to the Council’s current Member Code of Conduct.

The report included a table that compares the existing Lewisham Code of Conduct with the new LGA Model Code of Conduct:

General Obligations/Conduct LGA Model Code Council’s Code
Respect Detailed definition of what “respect” means. Includes right to expect respectful behaviour from others and what action to take if recipient of abusive behaviour. Definition broadly aligns with the LGA Model Code. No further text on reciprocity of respect.
Bullying, harrassment and discrimination Explanatory text on the nature of each obligation. Legislative references also included. Obligation stated but no further explanatory text.
Impartiality of officers Explanatory text on the nature of the obligation. Obligation stated but no further explanatory text.
Confidentiality and Access to Information Acknowledges requirement for local authorities to act openly and transparently but introduces confidentiality obligation where information is provided in confidence. Also deals with deals with improperly using knowledge gained as a result of being a councillor for the self -advancement or of their friends, family members, employer or their business interests. Recognises requirement for openness but no express confidentiality obligation stated. Openness requirement includes giving reasons for decisions and having regard to advice of statutory officers.
Disrepute Explanatory text on the nature of the obligation. Recognises requirement to promote high standards of conduct, but no express reference to “disrepute”.
Use of position to improperly confer an advantage Explanatory text on the nature of the obligation. Obligation stated but no further explanatory text.
Use of local authority resources and facilities Explanatory text on the nature of the obligation. Broadly similar to the LGA Model Code
Complying with Code of Conduct The requirement to undertake Code of Conduct training is new. The requirements to cooperate with an investigation and/or determination finding are also new. Explanatory text included. Obligation to cooperate fully and honestly with scrutiny appropriate to office. Otherwise, no similar provision included in the Council Code of Conduct.
Decisions on merit Not included. Obligation included and examples given include when awarding contracts, making appointments or in relation to rewards/benefits. Requirement to reach own conclusions but to consider any consultation and may take account of views of others.
Interests Content is broadly the same in both examples, although the layout differs.
Gifts and Hospitality Obligation not to accept gifts or hospitality which could give rise to real or substantive personal gain or a reasonable suspicion of influence. Explanatory text included. Obligation to register gifts/hospitality >£50. Obligation to register “significant” gift/hospitality that has not been accepted. Similar, but less detailed obligation. Obligation to register gifts/hospitality >£25. Obligation applies to gifts/hospitality no accepted >£25.

Future Work Programme

The final item on the agenda was a proposed programme of future work for the committee. The report recommended that the committee agree the programme of work contained in the report.

The report recommended that in addition to regular business, the committee undertake the following:

  • Hold an informal workshop before 26 March 2025 facilitated by the Head of Legal Services (Deputy Monitoring Officer) to consider the Model Code of Conduct.
  • Undertake a formal consideration of the Model Code of Conduct at the meeting on 26 March 2025, with any recommendations going to the Council’s AGM on 7 May 2025.
  • Consider an update on complaints, and any trend analysis, at the meeting on 26 March 2025.
  • Consider the draft Annual Standards Committee Report to Council at the meeting on 26 March 2025. The report would then be considered at the Council AGM on 7 May 2025.

Training Requirements

A report about training requirements for members of the Standards Committee was also scheduled to be discussed. The report recommends that Members are recommended to note the update with regards to training for the Standards Committee, and to consider whether there is any additional training that Members would find useful.

The report states that:

The Standards Committee is responsible for promoting and maintaining the highest standards of conduct by the Mayor, councillors and co-optees and to assist and advise on the adoption and application of its Code of Conduct.

It lists the following training that would be provided:

LEARNING TARGET ACTION TIMING RESPONSIBILITY
To ensure committee members have an understanding of the Code of Conduct and various protocols governing member and officer relations Briefing session on Ethical Framework and Members’ Code Of Conduct. On appointment to the Committee Director of Law & Corporate Governance
To ensure committee members are aware of the role and function of the Monitoring Officer Briefing session on role of monitoring officer On induction and/or appointment to the committee Director of Law & Corporate Governance
Training on Council structures and decision making Briefing session On appointment to the Committee Director of Law & Corporate Governance
Training for Independent Members on meeting procedures and the Council’s constitution Briefing session On appointment to the Committee Head of Governance & Committee Services
Chairing skills Training session When appointed to Chair/ Vice Chair and have not previously received this training, or where refresher training is required Member Development
To ensure all members of the Committee have the necessary skills to consider investigation reports Training session, possibly with external facilitator, to include example cases On appointment to the Committee, and refreshed annually Director of Law & Corporate Governance with support from Member Development
To ensure committee members have an understanding of the Whistleblowing policy and procedures Briefing session on Whistleblowing policy and procedures On appointment to the Committee Head of Assurance
To ensure committee members understand the relationship with external bodies and agencies Briefing session on overall relationship with outside bodies On appointment to the committee Director of Law & Corporate Governance

  1. The Monitoring Officer is a statutory officer appointed under the Local Government and Social Care Act 2018. The Act places a duty on all local authorities to have a Monitoring Officer, who must be a qualified lawyer. The main role of the Monitoring Officer is to ensure that the council, its committees and all councillors comply with the law. ↩

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