Ethical standards clinic

The complainant has requested that they be allowed to speak at the hearing. What should I tell the complainant?

The complainant has no special status in the hearing. The complainant has simply alerted the Standards Board for England to a potential breach of the code, and really has no special role other than a witness. However, it must appreciated that the complainant will have certain expectations in ensuring that the hearing is robust, that the member is brought to justice and that their complaint was not in vain, thus establishing confidence in the role of the Standards Committee, and the reputation of the Council. However, they should not be given a right, per se, to question witnesses or the subject member and would not have the right to make submissions as to whether they consider there is a breach.

The only role a complainant is likely to play at a hearing is that of a witness with relevant information. It is for the investigator to decide which witnesses he or she wishes to call and to advise the Committee as part of the pre-hearing process. If the complainant is not called as a witness, it is open to the Committee to decide whether they wish to hear evidence from the complainant, although this must be in the case where they consider that the complainant’s evidence will assist them in resolving disputes of fact rather than simply creating an opportunity for the complainant to speak.

If the complainant is not requested to give evidence, the complainant should be advised that while he or she may wish to sit in the meeting as a member of the public and observe the proceedings, he or she may or may not be called as a witness and cannot speak at the hearing.