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Member conduct

Ethical standards clinic

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?

There does not appear to be any statutory right of review provided to either the complainant or the Standards Committee if the SBE decides that no action should be taken in relation to the complaint made about a breach of the code by a member. This is contrasted to the position where the decision is made by the Standards Committee that no action should be taken and the complainant is given a statutory right of review. It is likely however that the SBE’s current system of handling referrals will be applied to the process of deciding whether to either:

  • Refer the complaint to an ethical standards officer; or
  • Decide no action should be taken; or
  • Refer the complaint back to the Standards Committee.

The above decision is likely to be delegated to officers, and where the decision is to take no action, the SBE’s process is likely to provide a complainant with the right of review to the Chief Executive. We will need to wait and see what the SBE’s approach will be in these circumstances. It is unlikely however that the Standards committee will be given any right of review of the SBE’s decision not to take action.

Graeme Creer
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Graeme Creer

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