Strengthening Standards in Local Government: What You Need to Know

The Government has published its response to the consultation on “Strengthening the Standards and Conduct Framework for Local Authorities in England”, signalling a significant shift in how ethical standards will be enforced across local government in England. The response signals a strengthening of sanctions against councillors who engage in misconduct. This is something many in the sector have been requesting for time.  

This comes alongside a time of other major chances for Local Authorities with the government’s push for local government reorganisation and devolution. The proposals could go hand in hand to restore public confidence, protect victims of misconduct, and ensure consistency across all tiers of local government—from parish councils to combined authorities.   We set out the basic key reforms and the practical steps to take in preparation for the implementation of the proposals.

Currently, the Localism Act 2011 provides the existing standards and conduct framework for local authorities.  It has been argued that this did not provide sufficient deterrent or processes.  For example there is no provision in current legislation for a sanction to suspend a councillor found to have breached the code of conduct, unless they are convicted of an offence relating to pecuniary interests. Sanctions for member code of conduct breaches are typically simply to remove members from cabinet, committee, or representative roles, the requirement to issue an apology, a censure or undergo code of conduct training.

The key reforms announced include:

A Mandatory Minimum Code of Conduct will set baseline standards on bullying, harassment, discrimination, social media use, and use of council resources. Councils may add local provisions but cannot dilute mandatory elements.

Compulsory Standards Committees - all principal authorities will be required to establish a formal standards committee to oversee member conduct and complaints.

New Sanctions and Suspension Powers, addressing current concerns around the lack of effective sanction.   Under the proposals Councils will gain statutory powers to suspend councillors for serious breaches for up to six months, with the option to withhold allowances during suspension for the most serious breaches and even to introduce premises and facilities bans either in addition or as standalone sanctions. Interim suspensions will be allowed in cases involving police investigations. Repeat offenders could face disqualification for five years.

Right of Appeal and National Oversight - the proposals set out the introduction at the authority level of a ‘right for review’ for both complainant and the subject member to have the case reassessed on grounds that will be set out in legislation. Both complainants and councillors will have a right to appeal decisions. A new national appeals body will ensure transparency and consistency. Any appeal submitted will only be permitted after complainant or elected member has invoked their ‘right for review’ of the local standards committee decision has been invoked and that process is completed.

Support there is also an emphasis on support and culture shift.  Authorities must provide support to complainants and subject members during investigations. Clear guidance will underpin fair and timely resolution of complaints.   The reforms aim to foster respectful debate and reduce toxic behaviours, which will require proactive leadership and cultural embedding.

Implications for authorities

There will of course be significant implications for Local Authorities particularly at a time when resources are extremely limited and other major changes are in process around reorganisation and devolution.  

Councils will need to review and align their codes of conduct with the new mandatory framework. This may involve updating policies, training members, and revising complaints procedures.

Consideration will also need to be given to the impact on resource. Establishing and maintaining standards committees, managing appeals, and providing support will require additional capacity and expertise.   In addition, how will premises bans be enforced in practice?

Stronger sanctions and national oversight may lead to more complaints with greater expectations. This could increase reputational and operational risks for councils that fail to comply.

The shift to greater support is laudable but raises questions about who that support is provided by, what level is offered and how any increased costs will be met. The wording of the consultation response suggests that the “support” may come from more clarity on process, communication and timescales rather than anything more tangible, though this is not entirely clear.

The right to review for both members and complainants is likely to lead to significant additional costs and complexity into the system for already hard-pressed councils.

Practical next steps for Councils include beginning internal reviews of governance structures, policies/procedures and training programmes.

Given the impact on resource, Councils can prepare for proposed changes by assessing resource needs including for standards committees and support and appeals processes.

These changes represent the most significant overhaul of local government standards since 2012. They are designed to ensure accountability, fairness, and public trust in local democracy. Councils that act early to prepare will be best placed to implement these reforms smoothly and maintain confidence among members and communities, whether they achieve these aims and how easy the path to doing so will be, remain to be seen.