First stage of complaints process 

The first stage of the Code of Conduct complaints process is the carrying out of pre-assessment.  This consists of two stages, namely ‘can we deal with this complaint?’ and ‘should we deal with this complaint?’.

The first of these is a jurisdictional test and would assess whether the complaint is:

1. against one or more named councillors of the District Council or of a parish or town council the District Council is responsible for;
2. the named councillor was in office at the time of the alleged conduct;
3. the complaint relates to matters where the councillor was acting as a councillor or representative of the authority and it is not a private matter;
4. the complaint, if proven, would be a breach of the Code under which the councillor was operating at the time of the alleged misconduct.

If your complaint fails one or more of these tests it cannot be investigated as a breach of the Code, and you will be informed that no further action will be taken in respect of the complaint. If there is any doubt, however, the allegation will proceed to the second stage.

Second stage of complaints process

The second stage includes considering your complaint against the following criteria:

1. Does the complaint contain sufficient evidence to demonstrate a potential breach of the Code?
2. Are there alternative, more appropriate, remedies that should be explored first?
3. Where the complaint is by one councillor against another, a greater allowance for robust political debate (but not personal abuse) may be given, bearing in mind the right to freedom of expression;
4. Is the complaint in the view of the authority malicious, politically motivated, or ‘tit for tat’?
5. Whether an investigation would not be in the public interest or the matter, even if proven, would not be serious enough to warrant any sanction
6. Whether a substantially similar complaint has previously been considered and no new material evidence has been submitted within the current administration;
7. Whether a substantially similar complaint has been submitted and accepted;
8. Does the complaint relate to conduct in the distant past? This would include consideration or any reason why there had been a delay in making the complaint;
9. Was the behaviour that is the subject of the complaint already dealt with? For example, through an apology at the relevant meeting;
10. Does the complaint actually relate to dissatisfaction with a local authority decision rather than the specific conduct of an individual?
11. Is it about someone who is no longer a councillor or who is seriously ill?

Further action

All of the above is only indicative and may be subjective and the District Council will always need to take into account the public interest in taking further action on a complaint with the ultimate question being:

Has the complainant submitted enough information to satisfy the District Council that the complaint should be referred for investigation or other action?

If the answer is no, it will be made clear to you that there is insufficient evidence to make a decision so unless, or until, further information is received, the Council will take no further action on the complaint.  It is your responsibility to provide sufficient evidence to allow your complaint to be considered, if you are unable to do so within 10 working days of the District Council’s pre-assessment response the file will be closed.