Ethical standards clinic

Hearings in private

In the pre-hearing stage, the subject member has made a request to hold the hearing in private. How should I respond as no reasons have been given as to why the request should be made in private and the Chairman is adamant the hearing take place in public? Click here to read the answer to this question.

Adjourning hearings

The subject member has told me that the date of the hearing is inconvenient and asked for an adjournment. No grounds have been given for the adjournment, so what should I do? Click here to read the answer to this question.

Committees - political balance

I’m setting up arrangements for the standards committee hearing and the chair of the Committee has asked whether the Committee needs to be politically balanced when holding hearings. What advice should I give him? Click here to read the answer to this question.

Questions to the investigator

I have received a letter from the subject member in which he demands to question the investigating officer about their report, as he considers that it is totally inaccurate. What should I do? Click here to read the answer to this question.

Leader representative

The subject member confirms that the Leader of the Council will be representing him at the hearing. The Chairperson of the Standards Committee objects to this on the basis that he finds the Leader intimidating as she holds a powerful position, and he has previously had a poor relationship with her. What advice should I give to the Leader and the Chairperson? Click here to read the answer to this question.

Member's interest

Does the subject member have a prejudicial interest at the hearing which is determining their conduct? If so, can they take advantage of paragraph 12(2) which allows a member with a prejudicial interest to speak, answer questions or make representations before leaving the room. Click here to read the answer to this question.

Compelling witnesses

I have carried out several interviews with potential witnesses about the conduct of a member alleged to have breached the code of conduct. There is one witness I wish to interview who refuses to co-operate with me. What powers do I have to compel the witness to be interviewed? Click here to read the answer to this question.

Police investigation

I have just received an allegation for investigation that a member was drunk and threatened a member of the public at a Council meeting. The subject member has contacted me to say that my investigation is illegal because he is already being investigated by the Police and that my investigation will simply repeat that being undertaken by the Police. What should I do with my investigation? Click here to read the answer to this question.

Postponing investigation

I have completed my investigation and prepared a draft report which I intend to send to the subject member for her comments. She has called me today to tell me that she will be going into hospital for surgery and her doctor advised her to avoid any stressful situations before, during and after her hospital treatment for at least 6 months. She therefore said that she will not have any further dealings with me over the investigation about her conduct. What should I do? Click here to read the answer to this question.

SBE review

Under the new framework, the Standards Committee can refer the complaint received to the Standards Board for England (SBE). The SBE can decide to refer the complaint to an ethical standards officer, refer it back to the Standards Committee, or decide that no action can be taken. Is there a right of appeal by either the Standards Committee or the complainant against this decision? Click here to read the answer to this question.

New ethical framework

What issues should the Standards Committee consider now so as to prepare for the implementation of the new ethical framework? Click here to read the answer to this question.

Complainant right to speak

The complainant has requested that they be allowed to speak at the hearing. What should I tell the complainant? Click here to read the answer to this question.

Heckling at hearings

At the Standards Committee hearing, there are a significant number of members of the public present who are noisy and appear to be disruptive to the proceedings. During the submissions given by the Investigator, some members of the public begin to heckle the Investigator, and it becomes difficult to hear the submissions being made. What steps can be taken in these circumstances? Click here to read the answer to this question.

Stolen document

At the hearing, the subject member challenges the jurisdiction of the Committee in being able to hear the case because she considers that the document supporting the complaint was stolen from her. How should the Committee respond? Click here to read the answer to this question.

Recording hearings

At the hearing which concerns the conduct of a high profile member, a journalist requests to tape record or film the proceedings. What advice should I give to the Committee? Click here to read the answer to this question.

Decision notices

The Standards Committee announce orally their decision at the end of the hearing. The subject member asks whether she will receive written confirmation of the decision. What should the Committee provide in writing to the subject member? Click here to read the answer to this question.

Appeals

The subject member has appealed the Standards Committee’s decision. The Chairman wants to know whether the Committee should take part in the appeal proceedings. Click here to read the answer to this question.