Standards Committee Review Sub-Committee

Membership

The Membership of the Sub-Committee will be as follows:

• 1 Independent Representative of the Standards Committee (to also act as Chairman)

• 1 East Riding of Yorkshire Council Member of the Standards Committee

• 1 Parish Representative of the Standards Committee

Meeting dates and agendas

The meetings of the Sub-Committee will be set as and when requests are made for a review of the decision of the Standards Committee Assessment Sub-Committee to take no action.

Contact

Julie Pledger

Senior Committee Manager

01482 393211

Terms of Reference

To review decisions of the Standards Committee Assessment Sub-Committee under Section 57B of the Local Government Act 2000.

Frequently Asked Questions

What does the Standards Committee Review Sub-Committee do?

This Sub-Committee will consider a request to review a decision of the Standards Committee Assessment Sub-Committee to take no further action.

Who can request a review?

Only the person who made the original complaint can request a review of the decision.

How do I request a review?

A review request must be made within 30 days of notification of the decision to take no action and will only be successful where either the original decision was unreasonable in law or the incorrect procedure was followed, or compelling new evidence is provided. 

When will the Standards Committee Review Sub-Committee make a decision?

A decision will be made within three months of the review request being received.

What can the Standards Committee Review Sub-Committee decide?

The Standards Committee Review Sub-Committee can make the following determinations:

• That the decision of the Standards Committee Assessment Sub-Committee be upheld and that no further action be taken, because:

• No breach of the Code of Conduct is evidenced, or

• It is felt, based on the information submitted, that investigation of the complaint would not be merited

There is no further right of appeal.

• That the decision of the Standards Committee Assessment Sub-Committee be overturned and one of the following decisions taken:

• That the matter be referred to the Monitoring Officer for investigation

• That the matter be referred to the Monitoring Officer for 'other action' (e.g. mediation/training)

• That the matter be referred to the Standards Board for England

• That the matter be referred to another authority (e.g. the Police Authority or the Fire Authority)

Can I attend a meeting of the Standards Committee Review Sub-Committee?

All Standards Committee Sub-Committees meetings will be held in private.  This is because it is not felt to be equitable for allegations against Members to be made public when there may be no basis to those allegations. 

Who will sit on the Standards Committee Review Sub-Committee?

The Standards Committee Review Sub-Committee will consist of one of the Independent Members of the full Standards Committee, one of the East Riding of Yorkshire Council Members of the full Standards Committee and one Parish Representative of the full Standards Committee, to be determined on a meeting by meeting basis. 

The three Members who sat on the initial Assessment Sub-Committee will not be permitted to sit on the Review Sub-Committee.  Should the matter then proceed to a hearing any Member will be permitted to sit on that hearing.

What happens if a complaint is referred to the Monitoring Officer for investigation?

Where complaints are referred to the Monitoring Officer for investigation, the Monitoring Officer will appoint a member of staff to undertake the investigation. 

At the conclusion of an investigation the investigating officer must make one of the following findings which is reported to the Standards Committee:

• That there has been a failure to comply with the Code of Conduct.

• That there has not been a failure to comply with the Code of Conduct.

The Standards Committee can either:

• Accept a recommendation that there is no case to answer.
• Carry out an hearing, or
• Refer the matter to the Adjudication Panel for England for determination.

The Monitoring Officer can also refer a matter back to the Standards Committee Assessment Sub-Committee if, during the course of an investigation, the Monitoring Officer becomes aware of information that:

• Makes the matter materially more or less serious than may have seemed apparent to the Standards Committee when it made its initial decision, and
• The Monitoring Officer believes that the Standards Committee would have come to a different decision if they had been aware of the information.

If a matter is referred back to the Standards Committee Assessment Sub-Committee, that Sub-Committee must consider the matter as if it had been referred to it for initial assessment.