Standards Committee - a guide

What is the Standards Committee?

Standard Committees were established in local authorities following the Local Government Act 2000. As the bodies charged with overseeing the ethical framework within local authorities, it was important that the Committees contained a strong and visible element of independence. To this end, the independent member was introduced. In Bury, we have seven elected members and four independent members on our Standards Committee and it is one of the independent members who acts as Chair.

In addition to the Committee, every Council has a Code of Conduct and elected members on taking office have to sign a declaration to say that they will abide by it.

What's in the Code of Conduct?

The Code contains ten general principles of public life which represent good conduct and to which Councillors are expected to aspire. It sets out responsibilities with regard to treating others with respect; complying with equality laws; not using his/her position to bully and intimidate or to gain unfair advantage. The Code also provided guidance on Members' Interests and how to avoid issues of conflict particularly where taking part in a decision may result in personal gain or benefit to friends and family.

Who can be an Independent Member?

It is open to anyone who is not a Councillor or Officer of the local authority, or is not politically involved, to apply to serve as an independent mentor of the Standards Committee. Each year we place adverts in the local press and send application packs to anyone interested. Return the form and your application will be considered and interviews will take place.

What happens if someone complains about a Bury Councillor?

Standards Committee members will have three separate but distinct roles in relation to complaints about member conduct:

• receiving and assessing complaints;
• reviewing local assessment decisions;
• conducting hearings following investigation.

In terms of a structure, this means the establishment of three sub-committees or panels for each of the above.

The "Standards Referrals Sub-Committee" will consider complaints against Members referred to the Monitoring Officer and decide whether or not the complaint appears to show a breach of the Code and if it does whether the complaint merits investigations. The sub-committee has 20 days to reach its decision.

If the sub-committee decides that a matter does not merit investigation then the complainant can appeal and ask the Standards Committee to arrange for the matter to be re-considered. This task would be undertaken by the "Review Sub-Committee."

The final piece within the structure is the "Hearings Sub committee" which meets following investigation.

To ensure fairness, different members will serve on each of the three sub-committees when considering case.

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