Issue - meetings

Members received a report from the Monitoring Officer (MO) outlining the current position in relation to matters of relevance to the Committee.

The Democratic Services Officer (DSO) presented the report and responded to Members’ questions.

A concern was raised by one Member that, in the interests of natural justice, the membership of an Assessment Sub-Committee should be made known to the subject Member; a concern which the Member concerned stated he had previously raised with both the Monitoring Officer and Deputy Monitoring Officer.   It was the Member’s view that subject Members had a right to know who was considering a complaint against them, and also that the subject Member should be able to raise any concerns in relation to the membership of an Assessment Sub-Committee if they were unhappy with this.  

The Chair highlighted the role of the Assessment Sub-Committee, which was to determine whether, in the absence of any local resolution of a complaint, the matter should be referred for investigation.  It was not the Sub-Committee’s role to determine whether there had been a failure by the subject Member to comply with the Code of Conduct.

The DSO reminded Members that matters relating to a complaint would normally remain confidential until such time as, in the event of a formal investigation taking place, the investigation had been completed and the Investigating Officer’s findings were made known.  She added that, at the point of a complaint being referred to an Assessment Sub-Committee, she personally was required to check that none of the Sub-Committee members had a particular interest in the matter at hand, including any of the parties involved in the complaint, which would in turn affect their ability to consider the complaint.   

The Independent Observer commented that the lack on independent members under the new regime did not help the situation, which it was noted was a change brought about by the Localism Act 2011.  The Parish Council Representative asked whether it would assist matters if Members were asked whether they had objections to any particular Members considering a complaint against them, which could be referred to on receipt of a complaint.

The DSO confirmed that she would take back the comments raised to the MO.

In relation to Member Training, the Independent Observer asked whether he could be provided with details of the content of the Safeguarding Children and Vulnerable Adults training session, which he might wish to attend.  The DSO agreed to obtain the relevant details and to forward these on to him.

RESOLVED that

subject to the required follow-up action by the Democratic Services Officer as detailed in the preamble above, the report of the Monitoring Officer be noted.