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Summary
The Standards Committee met to discuss the status of code of conduct complaints, the annual complaints performance, the whistleblowing policy, and a review of the constitution. The committee agreed to note the reports on code of conduct complaints, the annual complaints performance, and the whistleblowing policy. They also directed the Constitution Focus Group to prioritise Part 6 and Protocol 3 for review.
Review of the Constitution
The committee directed the Constitution Focus Group to prioritise Part 6 (Budget and Policy Framework) and Protocol 3 (Outside Body Guidance) for review. The committee reviewed a report providing the history of previous reviews of each section of the constitution, in order of when they were last reviewed. Councillor Paul Oatway QPM, Chairman of the Committee, and other members discussed various options for prioritisation, including starting with sections that had not been reviewed in a long time, or prioritising sections where issues had most recently arisen. It was clarified that when a change in legislation occurred, amendments were made as required under the powers of the Monitoring Officer. The timescales for carrying out reviews varied depending on the level of change required and the length of the section to be reviewed. Usually, the Constitution Focus Group would meet several times over a couple of months and take recommendations to the next scheduled Standards meeting. The committee discussed the process for reviewing Members Allowances, noting the outcome following the last review in 2021. It was confirmed that the next review would begin in winter 2025/26, to comply with the legal requirement to review every four years.
The Wiltshire Council Constitution comprises 15 parts and 12 protocols.
Status Report on Code of Conduct Complaints
The committee noted the status report on code of conduct complaints. Between 24 June and 22 September 2025, the Monitoring Officer received 27 complaints under codes of conduct. 17 were dismissed by the Monitoring Officer under paragraph 4.2.8 of Protocol 11, three were dismissed due to insufficient evidence, one was dismissed because the allegations related to a councillor acting in their private capacity, one was dismissed because the allegations were out of time, one had been resolved via alternative resolution (mediation), one was awaiting confirmation from the complainant, two were awaiting assessment by the Monitoring Officer, and one was awaiting assessment by the Assessment Sub-Committee. No breaches of the Code of Conduct have been determined by the Monitoring Officer or Hearing Sub-Committee during the period reported. During the period reported, complaints were assessed an average of 7.8 working days. The committee discussed a lack of awareness by some parish councils that code of conduct complaints against members could not be dealt with in house. The Monitoring Officer noted that a newsletter was circulated to all councils in 2024, highlighting the correct process for conduct complaints against members, in that they must be dealt with by Wiltshire Council, unless the complaint related to the function of the council or an employment matter for a member of staff. The committee also discussed the factors behind the consistent trends in complaint numbers received during each quarter, and whether any actions could be taken to address this.
Annual Complaints Performance and Service Improvement Report 2024-25
The committee noted the Annual Complaints Performance and Service Improvement Report 2024-25. The report included an overview of the complaints Wiltshire Council had received between 1 April 2024 and 31 March 2025. The report complied with the requirements of the Complaint Handling Codes published by the Local Government and Social Care Ombudsman (LGSCO) and the Housing Ombudsman. It was noted that the council amended its Complaints Procedure and complaint handling processes in October 2024 to ensure alignment with the Codes, demonstrating best practice by achieving compliance with the Codes two years earlier than was required by the LGSCO. It was clarified that complainants occasionally went to the ombudsman after an upheld decision to seek further financial redress or in instances where their complaint had been only partially upheld. The penalty for the Ombudsmen upholding a complaint, could be a financial payment or for the council to offer an apology. The Complaints Manager noted that the ability to log compliments would be promoted to members, as they often received compliments about different services whilst working in their communities. The committee discussed the data presented within the report.
Whistleblowing Policy
The committee agreed to note the update on the Whistleblowing Policy and agreed that an annual report summarising the number of recorded whistleblowing reports would be provided. The report set out a summary of the Whistleblowing Policy, which provides an avenue for staff to raise serious concerns and ensure that they should not suffer any prejudice for raising such concerns. The Public Interest Disclosure Act (PIDA) 19981 provides legal protection, in certain circumstances, to workers making disclosures in good faith about malpractice. The updated Whistleblowing Policy was endorsed by Audit & Governance Committee on the 23 July 2024 and by Standards Committee on the 3 October 2024. The updated Policy was formally approved by the Cabinet Member for Communities, Engagement, and Corporate Services, Councillor Mel Jacob in July 2025. The updated Policy included additional provisions setting out the Council's commitment to considering disclosures made by members of the public or members in respect of serious misconduct which were to be handled in the same way as those raised by employees. The updated Policy requires the appointed Internal Audit Services to be notified of all concerns raised under the Whistleblowing Policy and their outcome. This meant that there was now a central record of all such reports.
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The Public Interest Disclosure Act 1998 protects whistleblowers from victimisation. ↩
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