Agenda item

To consider the attached report.

The Assistant to the Chief Executive presented a report regarding complaints against Parish Councillors alleging breaches of the Code of Conduct.

The Assistant to the Chief Executive reported that the Standards Committee’s annual report for 2008/09 had been considered by the Council on 30 June 2009 and the Committee’s attention was drawn to some of the conclusions within the report. The cost of investigations was highlighted, especially when external resources were used. The current annual budget of £5,400 had already been spent. The number of complaints that had emanated from two particular Parish Councils had indicated that perhaps there were other underlying problems for which other means should be used to resolve. There had been a lively discussion at the Standards Committee the previous evening and it was felt that further research should be undertaken on the training available for resolving difficult situations within Parish Councils. A robust approach would continue to be taken by the Assessment Sub-Committees in their initial assessment of complaints.

The Vice-Chairman, who was also a member of the Standards Committee, emphasised that eight of the ten complaints against Parish Councils related to just two Parish Councils, and that all Parish Council complaints were by one Parish Councillor against another. The time taken to investigate cases was also highlighted; the last report considered was 120 pages long. The Essex Association of Local Councils had assisted Town and Parish Councils to resolve their problems in the past and was available to help.

It was contended that only Councillors were conversant with the complaint process, hence the high proportion of Councillor led complaints. There was concern that the robust approach being adopted would lead to cases being dropped that should be pursued and that cost should not be the prime consideration. It was also felt that impartial adjudicators would assist the process. The Standards Committee should uphold the standards throughout the whole District, and that it was not helpful to isolate two particular Councils.

The Assistant to the Chief Executive advised the Committee that the investigations would not stop due to a lack of funding; the money would have to be found. The robust approach being employed was asking whether the complaint was a method of furthering a dispute by other means. The District Council was happy to assist Local Councils with their governance issues in an effort to reduce possible cases and advise them of the conciliation arrangements available to them. It was felt that vexatious complaints solved nothing and often made matters worse; whilst not wanting to add an extra level to the process, it was important to recognise a case early as being eligible for resolution by alternative means.

The Committee generally felt that complaints were properly dealt with and with due process. The budget ought be protected and Parish Councils encouraged to resolve their problems by alternative methods before involving the Standards Committee. It was suggested that joint working between the Standards Committee and the Epping Forest Association of Local Councils would highlight the possible alternative procedures. The Vice-Chairman agreed to discuss the matter at the next meeting of the Local Councils Association and report back to the Liaison Committee.

The Chairman stated that the Monitoring and Deputy Monitoring Officers were happy to discuss issues with Town and Parish Councils. Officers were provided with guidance by the Standards Board for England, and it was emphasised that the procedures were not improperly conducted within the District, with every case thoroughly investigated by Officers. Appendix 7 of the District & Local Council Charter detailed the advice and guidance freely available to Town and Parish Councils in respect of the Code of Conduct.

RESOLVED:

(1)        That the relevant sections of the 2008/09 Annual Report of the Epping Forest District Standards Committee be noted;

(2)        That discussions be held between the Vice-Chairman and the Epping Forest Association of Local Councils on possible further training to be investigated; and

(3)        That the complaints process was not always the best solution to resolve problems be accepted.