Standards Committee Assessment 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

   

Contact

Julie Pledger

Senior Committee Manager

01482 393211

Terms of Reference

To consider allegations that a Councillor or Co-opted Member has failed to comply with the Council’s Code of Conduct under Section 57A of the Local Government Act 2000.

Frequently Asked Questions

What can the Standards Committee Assessment Sub-Committee consider?

The Standards Committee Assessment Sub-Committee can only consider breaches of the Code of Conduct provisions following a written complaint.

What can the Standards Committee Assessment Sub-Committee decide?

The Standards Committee Assessment Sub-Committee can make any of the following decisions:

1. That no further action be taken, either because :- No breach of the Code of Conduct has been evidenced, or
    

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

• 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)

Is there a right to request a review of a decision taken by the Standards Committee Assessment Sub-Committee?

Where the Standards Committee Assessment Sub-Committee determine that no further action should be taken, the person who made the complaint has the right to request a review of that decision. There is no such right available to the Member who is the subject of the complaint.

How do I request a review?

A review request must be made by the complainant 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. 

Who will consider the review request?

A request for review will be considered by the Standards Committee Review Sub-Committee and a decision made within three months of the review request being received.

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

The Standards Committee Assessment 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. 

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.