COMPLAINTS AGAINST COUNCILLORS
Guidance
The points listed below will help
you decide whether this is the correct form to use when making your
complaint. You should speak to Christine Marshall –
Monitoring Officer on 01664 502502 if you are not clear if the
standards committee can consider your complaint. The
assessment sub-committee of the standards committee will make the
decision about what action, if any, to take on your complaint.
Your complaint must be about
conduct that occurred while the member(s) complained about were in
office. Conduct of an individual before they were elected,
co-opted or appointed to the authority, or after they have resigned
or otherwise ceased to be a member, cannot be considered by the
assessment sub-committee.
The Code of Conduct came into
effect on 5 May 2002, although some authorities adopted the Code of
Conduct earlier. If your complaint concerns matters that
occurred before 5 May 2002 you should contact the Monitoring
Officer before making your complaint to check whether it is within
the jurisdiction of the assessment sub-committee to consider.
Your complaint must be about one or
more named members of the following authorities: Melton Borough
Council and the following Parish Councils – Ab Kettleby, Asfordby,
Barkestone, Plungar and Redmile, Belvoir, Bottesford, Broughton and
Dalby, Burton and Dalby, Clawson, Hose and Harby, Croxton Kerrial,
Eaton, Freeby, Frisby, Buckminster, Garthorpe, Grimston, Hoby and
Rotherby, Knossington and Cold Overton, Scalford, Somerby, Kirkby,
Gaddesby, Sproxton, Stathern, Twyford and Thorpe, Waltham on the
Wolds, Wymondham and Edmondthorpe.
Your complaint must be that the
member(s) has, or may have, breached the Code of Conduct. A
copy of the Code of Conduct and frequently asked questions about
the Code of Conduct are available at http://www.standardsboard.gov.uk/.
Further information about making a complaint is also available on
the following link:-
Making a Complaint
You may also contact the Monitoring
Officer if you require further information.
Complaints about dissatisfaction
with a decision or action of the authority or one of its
committees, a service provided by the authority or the authority’s
procedures do not fall within the jurisdiction of the standards
committee we have a different form for this process and our
customer services staff can help you with this on 01664 502502.
Complaints about the actions of people employed by the authority
also do not fall within the jurisdiction of the standards
committee.
Your complaint must be in
writing. A form including guidnace for this purpose
is available on the following link:-
Complaint
Form including Explanatory Notes
If a disability prevents you
from making your complaint in writing you may contact the
Monitoring Officer for assistance. It is important to note
that not every complaint that falls within the jurisdiction of the
standards committee will be referred for investigation or other
action. The assessment sub-committee of the standards
committee must decide whether this is appropriate. It will
make this decision using referral criteria.
If the assessment sub-committee
decides not to refer your complaint for investigation or other
action it will give you the reasons for this decision. It will also
explain any right that you may have to ask for the decision to be
reviewed.
What happens once you submit your
complaint?
When you submit your complaint we
will write to you to let you know we have received it. We
will also usually tell the member that you are complaining about
that we have received your complaint, who made the complaint and
the relevant paragraphs of the Code of Conduct that it is alleged
may have been breached. The assessment sub-committee will
then meet to consider your complaint and decide whether it should
be referred for investigation or other action. This will happen
within an average of 20 working days of the date we receive your
complaint.
Meetings of the assessment sub
committee are ‘closed’, which means that you will not be able to
attend. It is therefore very important that you set your complaint
out clearly and provide at the outset all the information you wish
the assessment sub committee to consider.
When the assessment sub-committee
has reached its decision we will notify you in writing whether your
complaint has been referred for investigation or other action.
At the same time we write to you, we will also write to the
member(s) you have complained about and the parish clerk (if
applicable). We will send these letters within five working days of
the assessment sub-committee reaching its decision. The
decision of the assessment sub-committee is made available for
public inspection once the member the complaint is about has been
given a summary of the complaint. In very limited situations
the member may not be given this summary immediately and if so any
public inspection will not happen until the member does get the
summary.
What is meant by ‘other
action?
The assessment sub-committee may
decide to refer your complaint for ‘other action’ instead of
referring it for investigation. Other action is a deliberately
broad term that may include options such as requiring the person
you have complained about to apologise or undergo training or
mediation. The assessment sub committee will carefully consider the
circumstances surrounding your complaint when deciding whether
other action is appropriate. If the assessment sub committee
decides to refer your complaint for other action we will explain
what this involves.
How should I set out my
complaint?
It is very important that you set
your complaint out fully and clearly, and provide all the
information at the outset. You should also provide any
documents or other material that you wish the assessment
sub-committee to consider, where possible. Unless the authority
advises you otherwise, you will be able to attend the meeting of
the assessment sub-committee. We recommend that you use our
complaint form or provide a covering note summarising what you are
complaining about, especially if your complaint includes a lot of
supporting documentation. In the summary you should tell us exactly
what each person you are complaining about said or did that has
caused you to complain. If you are sending supporting
documentation please cross-reference it against the summary of your
complaint. You should be as detailed as possible and substantiate
your complaint where you can. Although you are not required
to prove your complaint at this stage of proceedings, you do have
to demonstrate that you have reasonable grounds for believing that
the members) complained about has breached the Code of Conduct.
Return
to top
]