The Governance, Ethics and Standards Committee were scheduled to discuss the annual review letter from the Local Government and Social Care Ombudsman, proposed amendments to the Members' Allowances Scheme, and a request for a general dispensation relating to local government reorganisation. They were also scheduled to consider revisions to the constitution, the Whistleblowing Policy, the Annual Whistleblowing Report, and complaints received against councillors.

Local Government Reorganisation Dispensations

The committee were asked to consider granting a general dispensation to elected members, allowing them to participate and vote on decisions related to local government reorganisation, even if they had a Disclosable Pecuniary Interest¹ due to being a borough, district, or Derby City councillor, or having a spouse in such a role.

The report stated that without the dispensation, a significant proportion of councillors would be unable to participate in debates on local government reorganisation. It was noted that 18 out of 64 county councillors (28%) also held positions as borough, district, or city councillors, and one councillor's spouse was a district councillor. The report argued that preventing these councillors from participating would upset the representation of different political groups and hinder good quality decision-making.

The report recommended granting a general dispensation until 31 March 2028, to enable all elected members to be involved in the debate regarding Local Government Reorganisation across Derby and Derbyshire which will have significant impacts for the residents that those members serve.

Revisions to the Constitution: Code of Good Practice on Corporate Governance for Statutory Officers

The committee were asked to consider a report regarding the adoption of a Code of Good Practice on Corporate Governance for Statutory Officers, and to agree to forward proposed amendments to Article 21 of the constitution to the full council for approval.

The Code of Good Practice was produced by the Society of Local Authority Chief Executives (SOLACE), Chartered Institute of Public Finance and Accountancy (CIPFA), and Lawyers in Local Government (LLG). It provides advice and sets expectations for the Head of Paid Service, Chief Finance Officer, and Monitoring Officer, who are collectively known as the Golden Triangle . The code is structured around seven standards:

• Understand Governance: Roles and Responsibilities
• Act Wisely: A duty of enquiry and the exercise of statutory functions
• Lead Ethically: The seven principles of public life
• Act Effectively: Robustness in working arrangements
• Resource the Rules: Get the tools to do the job
• Build Resilience: Deputies and development
• Deliver Sound Decision Making: The outcome of good governance

The report stated that many of the requirements set out in the Code of Good Practice are already in place at Derbyshire County Council, but that a number of recommendations have been made to strengthen the council's governance arrangements. The proposed amendments to the constitution were included in Appendix 4 for Revisions to the Constitution Code of Good Practice on Corporate Governance for Stat.

Annual Review Letter of the Local Government and Social Care Ombudsman 2024/2025

The committee were scheduled to note the Annual Review Letter of the Local Government and Social Care Ombudsman (LGSCO) for the year ending 31 March 2025. The letter provides councils with information to help them assess their performance in handling complaints.

In 2024/25, the LGSCO received 197 complaints and enquiries relating to Derbyshire County Council, compared to 158 in 2023/2024. Of the 59 detailed investigations carried out, 55 were upheld, giving an upheld rate of 93%, which is an increase from 85% in 2023/24, compared to an average of 89% in similar authorities. The report stated that the Council complied with all the recommended remedies, giving a compliance rate of 100%.

The key themes identified in Children's Services in relation to upheld complaints were poor communication and procedural errors in child protection matters. Specific themes in Education/SEND included delays in issuing or reviewing Education, Health and Care (EHC) Plans[^3], missed educational provision, poor communication, and failure to meet statutory deadlines. The key themes identified in Adult Services included poor communication and financial assessment for services.

The report included details of the 55 cases upheld by the LGSCO, including complaint reference numbers, details of the complaint, and findings and remedy. For example, in one case (reference 23 009 634), Mr D complained that the council failed to deal with his son's special educational needs. The Ombudsman found fault, and the council offered a remedy including a symbolic payment of £1,680 in respect of the impact on J of the missed education between September and December 2022.

Whistleblowing Policy

The committee were asked to consider a draft Whistleblowing Policy and refer it to Cabinet for formal approval. The council currently has a Whistleblowing Policy which was approved by Cabinet in November 2021. The proposed amendments were set out in the draft Policy at Appendix 3 for Whistleblowing Policy, and the main changes were summarised as follows:

• To strengthen the link between the Whistleblowing Policy and the Anti-Fraud Anti-Corruption Strategy.
• To encourage employees to 'speak up' about things which don't feel right or an idea for improvement where those concerns wouldn't amount to a whistleblowing concern.
• To provide some practical examples of what amounts to a 'qualifying disclosure' so it is clearer and easier to understand.
• To make it clear that employees have a responsibility to raise a concern relating to wrongdoing, malpractice or illegality internally and not simply 'turn a blind eye'.
• To channel all whistleblowing concerns through internal audit (unless they relate to internal audit) to enable corporate oversight and reporting and ensure they are dealt with in accordance with the policy. In addition to provide clarity about who individuals can speak to confidentially if they have concerns.
• To explicitly reference additional support to employees thought the Council's Employee Assistance Programme.
• To make it clear that whilst whistleblowing concerns will be dealt with confidentially, certain details will be shared with an appropriate senior manager to ensure the employee receives the necessary support and the Councils three statutory officers to ensure they are able to perform their statutory functions
• To extend the time period for an initial response from 10 working days to 20 working days to provide a more reasonable and realistic timescale for response. This recognises some whistleblowing concerns can be complex and multifaceted

Annual Whistleblowing Report 2024/25

The committee were scheduled to consider the whistleblowing concerns brought to the attention of the Monitoring Officer between 1 April 2024 and 31 March 2025.

Between 1 April 2024 and 31 March 2025, 7 concerns were notified to the Monitoring Officer under the council's whistleblowing arrangements. Three concerns were raised by council employees, one was raised by a member of the public, one was raised by a contractor and two were anonymous. A summary of the concerns was attached at Appendix 2 for Annual Whistleblowing Report 202425.

Amendments to Members' Allowances Scheme

The committee were asked to consider the report of the Independent Remuneration Panel (IRP), which met to review the allowance paid to the Chairman and Vice Chairman role following the intended removal of the Civic Chairman position.

The Panel had been convened to look at whether any adjustments to the rate of Special Responsibility Allowance (SRA) paid were necessary due to the new administration's intention to combine the roles of Civic Chairman and Council Chairman.

The panel made the following recommendations:

• To increase the Chairman's allowance from 25% to 30% of the Leader's Allowance to recognise that the combined Civic and Council Chairman role carries increased workload and responsibilities.
• To increase the Vice Chairman's allowance from 6% to 10% of the Leader's Allowance to recognise that the position has responsibility of chairing meetings of Council in the absence of the Chairman
• To backdate the application of these increases to 21 May 2025, the date of Annual Meeting, to recognise that the postholders had been carrying out their roles since that date.

Complaints received against Councillors pursuant to the Code of Conduct for Elected Members

The committee were scheduled to be informed of Code of Conduct complaints against councillors received during the period of 22 February 2025 to 31 August 2025.

During the period from 22 February 2025 to 31 August 2025 eight complaints were received: one had been withdrawn, two determined and five were in progress. Details of these complaints were provided in Appendix 2 for Complaints received against Councillors pursuant to the Code of Conduct for Elected M.