Ethical standards clinic

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.

Generally, it is advisable for the Standards Committee to be involved in the appeal proceedings. If the President of the Adjudication Panel for England grants leave to appeal, he will decide whether the appeal will be heard by way or oral hearing or written representations. If the appeal is to be dealt with by way or written representations, the President will send a copy of the appeal by the subject member to the Committee and request that any representations are given within 14 days.

The appeals tribunal appointed to hear the appeal will determine the matter after considering the written representations made. It is therefore advisable for the Committee to provide representations it considers appropriate depending on the ground of appeal.

It is useful to the appeals tribunal to understand the approach taken by the Committee in relation to procedure or otherwise to assist them in considering and determining the appeal. If the appeal is to be dealt with by oral hearing, the President will send the Committee a copy of the appeal, seek any representations and whether any witnesses should be requested to attend, the response to which must be provided within 14 days. The Committee will also be invited to attend the oral hearing. The Committee may wish to be represented at the appeal particularly if there are challenges as to the procedure adopted or to the reasoning of the Committee. Whilst Standards Committees are not obliged to attend or provide a representative, there have been some appeal cases in which the non-attendance of the Committee has been criticised, particularly where there is some dispute as to what actually happened at the hearing itself.

Although each case should be carefully considered as to whether it is necessary to attend, generally, the Committee should err on the side of caution and attend or provide a representative. Of course, it is recognised that this could have resource implications, particularly if it is considered that there is little substance to the appeal. However, it is often essential to protect and enhance the reputation and repute of the Committee, which it is possible to achieve if the Committee attends. Also attendance ensures that the Committee process can be properly defended and demonstrates the integrity of those members of the Committee who are willing to answer their critics.