Time for a review of Brent Members' Code of Conduct?

 The Audit and Standards Committee on Tuesday February 4th will received a report on complains against councillors during 2024.

The report gives a commentary on trends in complaints:

During consideration of the previous complaints review report last year, the committee asked that future monitoring reports provide an outline of any trends being identified in terms of complaints and outcomes.

 

The Committee will be aware that the Code only permits the investigation of complaints against Members made in their “official capacity or when giving the impression [they] are acting as a member of the Council”, unless it relates to a serious criminal offence being committed in the Member's private capacity.

 

Accordingly, any decision that purports to find a breach of the Code whilst the Member in question was acting in their private capacity, would be liable to challenge. The Committee will see from Appendix A that one of the main findings at Initial Assessment Stage in respect of the complaints over the past 12 months is that the Councillor “was not acting in their capacity as councillor.

 

This trend may reflect changing public expectations. Members of the committee will note that one element of the consultation referred to in this report [Open consultation Strengthening the standards and conduct framework for local authorities in England LINK] is the possibility of extending the Code to some categories of behaviour by members outside their role as a councillor.

 

The other main reason for complaints not proceeding beyond initial assessment stage is that the complaint "did not disclose sufficiently serious potential breaches of the Code to merit further consideration”.

The main rationale for this finding has been that insufficient evidence has been submitted to support the allegations made and/or when considering the allegations in context, there was no significant evidence to suggest the Councillors had behaved in the manner complained off. Indeed, in some cases the evidence indicated aggressive or otherwise unreasonable behaviour by the complainant towards the councillor.

 

The Committee should note, the main recurring factor in relation to escalating complaints to the Assessment Criteria Stage have been based on the contents of the complaint and that there may be a serious issue to consider, with an opportunity for the councillor concerned to comment being necessary to establish if this is indeed the case.

 

The report is accompanied by a document listing the complaints and action taken.