Please Contact: Tessa Gilder-Smith
Please email: tessa.gilder-smith@north-norfolk.gov.uk
Please Direct Dial on: 01263 516047
28 October 2013
A meeting of the Standards Committee of North Norfolk District Council will be held in the
Council Chamber at the Council Offices, Holt Road, Cromer on Tuesday 05 November
2013 at 2.00 p.m.
Members of the public who wish to ask a question or speak on an agenda item are
requested to arrive at least 15 minutes before the start of the meeting. It will not always be
possible to accommodate requests after that time. This is to allow time for the Committee
Chair to rearrange the order of items on the agenda for the convenience of members of the
public. Further information on the procedure for public speaking can be obtained from
Democratic Services, Tel: 01263 516047, Email: democraticservices@north-norfolk.gov.uk
Sheila Oxtoby
Chief Executive
To District Members: Mrs H Cox, Mr B J Hannah, Mr P W Moore, Ms B Palmer, Mr J
Savory, Mr R Stevens, and Mr P Williams
Co-opted Members: Mr G Allen, Mr R Barr, Mr A Bullen, Mr M Coates, Mrs M Evans, Mr H
Gupta, Mr A Nash, Mrs A Shirley
Members of the Management Team, appropriate Officers, Press and Public.
If you have any special requirements in order
to attend this meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative
format or in a different language please contact us
Chief Executive: Sheila Oxtoby, Corporate Directors: Nick Baker & Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
PUBLIC QUESTIONS
3.
MINUTES
(attached – p. 1)
To approve as a correct record, the minutes of the meeting of the Committee held on
16 April 2013 and the Minutes of the Hearings held on 14 May and 04 June 2013.
4.
ITEMS OF URGENT BUSINESS
To determine any items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B (4) (b) of the Local
Government Act 1972.
5.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a pecuniary
interest.
6.
PARISH AND DISTRICT MEMBERS’ REGISTER OF INTERESTS AND OFFICER
REGISTER OF GIFTS AND HOSPITALITY
The Parish and District Members’ Register of Interests and Officer Register of Gifts
and Hospitality are available for inspection in the Legal Section.
7.
CODE OF CONDUCT
(attached – p. 5 )
To receive the North Norfolk District Council Code of Conduct for consideration by
the committee.
8.
LOCAL GOVERNMENT OMBUDSMAN ANNUAL REVIEW LETTER OF NNDC
(attached – p. 8 )
To note a letter received by North Norfolk District Council regarding complaints to the
Local Government Ombudsman about NNDC in the year 2012/13.
9.
PARISH COUNCILS AND STANDARDS
To receive an oral update from the Chairman and the Democratic Services Officer
regarding the Standards engagement event held at North Walsham on the 22nd
October 2013.
10.
EXCLUSION OF PRESS AND PUBLIC
To pass the following resolution:
“That under Section 100A(4) of the Local Government Act 1972 the press and public
be excluded from the meeting for the following items of business on the grounds that
they involve the likely disclosure of exempt information as defined in paragraphs 1
and 3 of Part I of Schedule 12A (as amended) to the Act”
9.
STANDARDS COMPLAINTS
(attached - p. 12)
NOT FOR PUBLICATION – BY VIRTUE OF PARAGRAPH 3 OF PART 1 OF
SCHEDULE 12A (AS AMENDED) OF THE LOCAL GOVERNMENT ACT 1972
Summary:
Recommendations:
Cabinet member(s):
Wards Affected:
This report advises Members of complaints
received by the Monitoring Officer, the type
of breaches alleged and the status of the
matters. Additional information is provided to
update Members on recent cases.
Members are asked to note the contents of
the report.
All
All
Agenda Item 3
STANDARDS COMMITTEE
Minutes of a meeting of the Standards Committee held on 08 October 2013
in the Council Chamber, Council Offices, Holt Road, Cromer at 2.00 pm.
Members present:
1.
District
Councillors:
Mrs H Cox (Chairman)
Miss B Palmer
Mr P Williams
Co-opted
Members:
Mr R Barr
Mr A Bullen
Mr M Coates
Mrs M Evans
Mrs A Shirley
Officers in
Attendance:
The Monitoring Officer
The Democratic Services Team Leader (ED)
The Democratic Services Officer (TGS)
TO RECEIVE APOLOGIES FOR ABSENCE
Apologies were received from Mr B J Hannah, Mr P W Moore, Mr J Savory,
Mr R Stevens, Mr G Allen, Mr H Gupta and Mr A Nash.
2.
PUBLIC QUESTIONS
Two questions were received from Mr A Musker. They were as follows.
1. Did Members of the Standards committee receive a letter from Mr A
Musker dated the 16 September 2013?
2. If members received this letter, when will it be discussed at committee?
The Chairman thanked Mr A Musker for his questions. She responded saying
that she believed members of the committee had seen Mr A Musker’s letter,
but if they had not it would be circulated following the meeting. She
commented that the letter could be considered to be put on the following
meeting of the Standards committee, if the letter was a matter for the
Standards committee to consider.
Standards Committee
1
08 October 2013
3.
MINUTES
The Minutes of the Meeting of the Standards Committee held on 9 July 2013
were approved as a correct record of the meeting and signed by the
Chairman.
4.
ITEMS OF URGENT BUSINESS
There were no items of urgent business.
5.
DECLARATIONS OF INTEREST
None
6.
PARISH AND DISTRICT MEMBERS’ REGISTER OF INTERESTS AND
OFFICER REGISTER OF GIFTS AND HOSPITALITY
The Chairman informed the Committee that the Registers were open to
display and were available for inspection in the Legal Services area.
7.
PARISH COUNCILS AND STANDARDS
The Chairman invited the Democratic Services Officer to talk on this item. The
Democratic Services Officer commented that following an informal meeting of
the Standards committee on the 6 August, there had been considerable
progress in organising events to engage with Parish and Town councils. She
commented that all parishes and towns had been contacted and invited to
engage with the Standards committee, either at a group meeting of a
selection of parishes, or at individual events at their own parishes. She further
commented that the first group meeting had been organised for 22 October
2013 at North Walsham Community Centre for the west side of the district.
She commented that so far attendance looked to be promising. She further
stated that provisionally a date of the 14 November had been agreed for a
group meeting on the Fakenham side of the district, and that central sessions
could be held at the NNDC offices following the finishing of the reception
project. She also stated that she was putting together a timetable for
individual events at parishes. She concluded by saying she had drawn up an
itinerary for the 22 October event that people could look at if they wished to
see the proposed content of the meetings.
The Chairman thanked the Democratic Services Officer and commented that
progress so far looked very promising and showed that parishes were willing
to engage with the district. She further commented that the good level of
responses showed that the events would be beneficial for both parishes and
the district. She then invited members of the committee to ask questions.
1.
Mr A Bullen queried if there had been a guide created with regards to the
new Standards regime. The Monitoring Officer replied that the current
Standards regime was far less structured than the previous regime and
that they acted more as guidance or, ‘arrangements’. He further
commented that they had developed guidelines for the procedure of
hearings, however, but there had not been an overall book of rules
developed. Mr A Bullen commented that it might be useful to have these
guidelines at further meetings.
Standards Committee
2
08 October 2013
2. Mrs A Shirley queried if the new code of conduct was still in place. The
Monitoring Officer replied yes, that the new NNDC code was put into
practice in 2012 and was still in place, and commented that that could
also be brought to committee for members to look at. He commented that
all authorities in Norfolk had brought in a new code at around the same
time and he wasn’t aware of any authority making changes to it yet.
3. Mr P Williams commented that it might be useful to know what codes
individual parishes were using when going out to meet with them,
whether it was one the district suggested, one from NALC or one of their
own creation. The Democratic Services Team Leader agreed and
commented that the Democratic Services team had been informed by
some of the parishes of what code they were using, and that her team
would investigate the matter. Mr A Bullen commented that it would be
useful to have NNDC’s code as well as parish code of conduct’s at parish
meetings to ensure a cohesive message was being presented.
4. The Independent Person, Mr A Oram, commented that he worked with
many different authorities across the country that used a variety of codes,
which he could provide if the committee thought it was useful. The
committee replied that yes this would be useful to see.
5. Mr P Williams questioned if the parish engagement meetings would be
open to the public. The Democratic Services Officer replied that probably
not, as they were mainly put in place for parishes to recognise issues in
their own parishes, which could be to do with the public and may be
hindered by their presence. The Chairman further commented that if
however, as time went on a need arose for the public to be present that
would be something they could put in place.
6. The Independent Person queried if town and parish clerks were being
invited to the meetings. The Chairman replied that yes, they were.
7. Mrs M Evans queried if prospective parish councillors could be invited.
The Chairman replied that currently no they were not invited, however
again if the need arose that could be put in place, but currently they were
focusing on already elected members. Mr P Williams commented that it
was still quite a way to the next election but that involving prospective
candidates might become more relevant nearer the time. Mrs M Evans
asked it to be noted that we should return to this information nearer to the
time. The Chairman commented that long term goals were useful to keep
improving and progressing.
NOTED
To ensure the committee returned to the topic of Standards training for
prospective councillors at a later date.
8.
STANDARDS REGIME
The Monitoring Officer introduced this item. He commented that the Localism
act had now been in place for over a year and that it had presented
Standards committees with a different atmosphere, leading to a level of
uncertainty within the regime. He further commented that currently a High
Court Case was being heard regarding a complaint against the new
Standards regime against Article 6 of the Human Rights Act, with regards to
the politically balanced nature of committees. He commented that the case
was querying the fairness of political balance, which may produce partisan
behaviour and results.
Standards Committee
3
08 October 2013
He further commented that the Committee on Standards in Public Life had
raised the issue of a lack of sanctions under the new regime. However he
commented that at NNDC the case load was very modest.
9.
EXCLUSION OF PRESS AND PUBLIC
The Committee passed the following resolution:
‘That under Section 100A(4) of the Local Government Act 1972 the press and
public be excluded from the meeting for the following items of business on the
grounds that they involve the likely disclosure of exempt information as
defined in paragraphs 1 and 3 of Part I of Schedule 12A (as amended) to the
Act’
10.
STANDARDS COMPLAINTS
The Monitoring Officer reported on the complaints received, the type of
breaches alleged and the status of matters.
The meeting concluded at 15.20 pm
___________
Chairman
Standards Committee
4
08 October 2013
Members’ Code of Conduct
Introduction to the Code
This Code of Conduct is a key part of the Authority's discharge of its statutory duty to
promote and maintain high standards of conduct by its members and co-opted
members. It is very much focused upon the principles of conduct in public life of
selflessness, integrity, objectivity, accountability, openness, honesty, and leadership
and it is the intention of the Authority that the Code be used exclusively in that
context and not for any other purpose. It sets an objective, non political and high
standard whose purpose is to remind members of the Authority of the behaviour
expected of them in public life and to set out clearly the key principles against which
their conduct will be measured.
The Code also contains provisions for registration and declaration of interests the
breach of which will now attract potential criminal sanctions.
The Council will establish a Standards Committee to hear breaches of the Code and
decide on sanctions against members found to be in default. Working closely with
the Council's Monitoring Officer and Independent Person the Standards Committee
will oversee a straightforward and robust regime dealing only with substantial ethics
and standards issues and filtering out the inconsequential, trivial and vexatious. The
Code will deal in broad common sense principles and neither it nor the supporting
arrangements are intended to be over-technical or over-procedural. To return to the
wording of the statute, the Code is the Authority's public statement on the promotion
and maintenance of high standards of conduct in public life.
Every member and co-opted member of North Norfolk District Council must sign an
undertaking to observe the Code in the terms set out below.
The Code
As a member or co-opted member of North Norfolk District Council I have a
responsibility to represent the community and work constructively with our staff and
partner organisations to secure better social, economic and environmental outcomes
for all.
In accordance with the Localism Act provisions, when acting in this capacity I am
committed to behaving in a manner that is consistent with the following principles to
achieve best value for our residents and maintain public confidence in this authority.
SELFLESSNESS: Holders of public office should act solely in terms of the public
interest. They should not do so in order to gain financial or other material benefits
for themselves, their family, or their friends.
INTEGRITY: Holders of public office should not place themselves under any
financial or other obligation to outside individuals or organisations that might seek
to influence them in the performance of their official duties.
OBJECTIVITY: In carrying out public business, including making public
appointments, awarding contracts, or recommending individuals for rewards and
benefits, holders of public office should make choices on merit.
ACCOUNTABILITY: Holders of public office are accountable for their decisions
and actions to the public and must submit themselves to whatever scrutiny is
appropriate to their office.
OPENNESS: Holders of public office should be as open as possible about all the
decisions and actions that they take. They should give reasons for their decisions
and restrict information only when the wider public interest clearly demands.
HONESTY: Holders of public office have a duty to declare any private interests
relating to their public duties and to take steps to resolve any conflicts arising in a
way that protects the public interest.
LEADERSHIP: Holders of public office should promote and support these
principles by leadership and example.
As a Member of North Norfolk District Council my conduct will in particular address
the statutory principles of the Code by:
•
Championing the needs of residents – the whole community and in a special
way my constituents, including those who did not vote for me - and putting their
interests first.
•
Dealing with representations or enquiries from residents, members of our
communities and visitors fairly, appropriately and impartially.
•
Not allowing other pressures, including the financial interests of myself or
others connected to me, to deter me from pursuing constituents' casework, the
interests of North Norfolk nor the good governance of the authority in a proper
manner.
•
Exercising independent judgement and not compromising my position by placing
myself under obligations to outside individuals or organisations who might seek to
influence the way I perform my duties as a member/co-opted member of this
authority.
•
Listening to the interests of all parties, including relevant advice from statutory and
other professional officers, taking all relevant information into consideration,
remaining objective and making decisions on merit.
•
Being accountable for my decisions and co-operating when scrutinised internally
and externally, including by local residents.
•
Contributing to making this Authority’s decision-making processes as open and
transparent as possible to enable residents to understand the reasoning behind
those decisions and to be informed when holding me and other members to
account but restricting access to information when the wider public interest or the
law requires it
•
Behaving in accordance with all our legal obligations, alongside any requirements
contained within this authority’s policies, protocols and procedures, including on
the use of the Authority’s resources.
•
Valuing my colleagues and staff and engaging with them in an appropriate
manner and one that underpins the mutual respect between us that is essential
to good local government.
•
Always treating people with respect, including the organisations and public I
engage with and those I work alongside.
•
Providing leadership through behaving in accordance with these principles
when championing the interests of the community with other organisations as
well as within this authority.
The Act further provides for registration and disclosure of interests and until such
time as regulations are issued in relation to the registration and disclosure of
interests I agree to abide by the rules relating to the registration and disclosure of
interests set out in Chapter 7, Part 2, Section 2 of the North Norfolk District Council
Constitution.
16 July 2013
By email
Ms Sheila Oxtoby
Chief Executive
North Norfolk District Council
Dear Ms Oxtoby
Annual Review Letter
I am writing with our annual summary of statistics on the complaints made to the Local
Government Ombudsman (LGO) about your authority for the year ended 31 March 2013.
This year we have only presented the total number of complaints received and will not be
providing the more detailed information that we have offered in previous years.
The reason for this is that we changed our business processes during the course of 2012/13
and therefore would not be able to provide you with a consistent set of data for the entire
year.
In 2012/13 we received 12 complaints about your local authority. This compares to the
following average number (recognising considerable population variations between
authorities of a similar type):
District/Borough CouncilsUnitary AuthoritiesMetropolitan CouncilsCounty CouncilsLondon Boroughs-
10 complaints
36 complaints
49 complaints
54 complaints
79 complaints
Future development of annual review letters
We remain committed to sharing information about your council’s performance and will be
providing more detailed information in next year’s letters. We want to ensure that the data
we provide is relevant and helps local authorities to continuously improve the way they
handle complaints from the public and have today launched a consultation on the future
format of our annual letters.
I encourage you to respond and highlight how you think our data can best support local
accountability and service improvements. The consultation can be found by going to
www.surveymonkey.com/s/annualletters
LGO governance arrangements
As part of the work to prepare LGO for the challenges of the future we have refreshed our
governance arrangements and have a new executive team structure made up of Heather
Lees, the Commission Operating Officer, and our two Executive Directors Nigel Ellis and
Michael King. The Executive team are responsible for the day to day management of LGO.
Since November 2012 Anne Seex, my fellow Local Government Ombudsman, has been on
sick leave. We have quickly adapted to working with a single Ombudsman and we have
formally taken the view that this is the appropriate structure with which to operate in the
future. Our sponsor department is conducting a review to enable us to develop our future
governance arrangements. Our delegations have been amended so that investigators are
able to make decisions on my behalf on all local authority and adult social care complaints in
England.
Publishing decisions
Last year we wrote to explain that we would be publishing the final decision on all complaints
on our website. We consider this to be an important step in increasing our transparency and
accountability and we are the first public sector ombudsman to do this. Publication will apply
to all complaints received after the 1 April 2013 with the first decisions appearing on our
website over the coming weeks. I hope that your authority will also find this development to
be useful and use the decisions on complaints about all local authorities as a tool to identify
potential improvement to your own service.
Assessment Code
Earlier in the year we introduced an assessment code that helps us to determine the
circumstances where we will investigate a complaint. We apply this code during our initial
assessment of all new complaints. Details of the code can be found at:
www.lgo.org.uk/making-a-complaint/how-we-will-deal-with-your-complaint/assessment-code
Annual Report and Accounts
Today we have also published Raising the Standards, our Annual Report and Accounts for
2012/13. It details what we have done over the last 12 months to improve our own
performance, to drive up standards in the complaints system and to improve the
performance of public services. The report can be found on our website at www.lgo.org.uk
Yours sincerely
Dr Jane Martin
Local Government Ombudsman
Chair, Commission for Local Administration in England