In appropriate cases, following seeking the opinion of the Independent Person, the Monitoring Officer may seek to resolve the complaint informally, without the need for a formal investigation. Matters which might be appropriate for informal resolution may include:
- the same particular breach of the Code by many members, indicating poor understanding of the Code and the authority’s procedures;
- a general breakdown of relationships, including those between members and officers, as evidenced by a pattern of allegations of minor disrespect, harassment or bullying to such an extent that it becomes difficult to conduct the business of the authority;
- misunderstanding of procedures or protocols;
- misleading, unclear or misunderstood advice from officers;
- lack of experience or training;
- interpersonal conflict;
- allegations and retaliatory allegations from the same members;
- allegations about how formal meetings are conducted;
- allegations that may be symptomatic of governance problems within the authority, which are more significant than the allegations in themselves.
Depending on the situation informal resolution may be directed at the subject Member or at the authority more generally. Informal resolution may involve a request to the subject Member to apologise for remarks made, a recommendation that the authority instigate mediation or reconciliation and/or that the subject Member takes part in, and/or the authority puts in place, appropriate training (e.g. in the Code of Conduct, in chairing a meeting, in planning etc).
When deciding to seek the a complaint be dealt with by informal resolution it is important to note that no decision has been made about whether the subject Member(s) failed to comply with the Code of Conduct. This is because it is felt that it is in the public interest that informal resolution is the appropriate response rather than instigating a full investigation.
When informal resolution has been completed we will notify the subject Member, you (the complainant), the Independent Person and the relevant town or parish council if the subject Member is a town or parish councillor. A report may also be taken to the District Council’s Governance Committee to give an overview of how informal resolution is being used.
Appropriate timescales will be attached to a decision to seek informal resolution. If informal resolution is not complied with or otherwise fails further consideration will be given whether it is now in the public interest to instigate a full investigation.