Issue - meetings

REPORT OF THE SERVICE DIRECTOR – LEGAL & COMMUNITY/ MONITORING OFFICER

The report covers a further review of the Complaints Handling Procedure, as requested in June 2022. These are minor changes to the Procedure to cover issues that have arisen since October 2021, when it was last updated.

The report also briefly covers the updated Protocol with the Police regarding referrals to them for potential offences under the Localism Act 2011 (in respect of Disclosable Pecuniary Interests).

RESOLVED:

(1)  That the Standard Committee considered and adopted the updated Councillor Complaints Handling Procedure at Appendix A, amended as follows: that references to ‘NHC’ be updated to ‘North Hertfordshire District Council’, that references to ‘days’ be updated to ‘calendar days’ except in cases where working days is already specified, and that ‘stage’ be added to the investigation part of the process in Section 6 of the procedure.

(2)  That the Standards Committee delegated to the Service Director: Legal & Community the authority to make any consequential amendments to the Procedure, in consultation with the Chair of Standards Committee, Independent Person and Reserve Independent Persons.

(3)  That the Committee noted the updated Protocol recently signed with the Hertfordshire Constabulary regarding referrals/ complaints relating to Disclosable Pecuniary Interests (Appendix C).

REASON FOR THE DECISIONS: To ensure an updated Procedure is in place and to maintain effective arrangements within the Council.

Audio recording – 28 minutes 28 seconds

The Monitoring Officer presented a review of the Complaints Handling Procedure and highlighted the following.

·         The Committee had requested a review of this procedure after it had been embedded.

·         The Procedure had been reviewed considering the experience of handling complaints at the Council, but also in light of a Local Government Ombudsman (LGO) complaint which made the recommendations to another Council, to ensure the NHDC procedure was as robust as possible.

·         These recommendations are shown and commented on at item 8.3,and elaborated on at item 8.4.

·         Appendix A was the clean version where Appendix B included tracked changes to the Procedure. Appendix C is Hertfordshire Police’s Protocol on Councillor complaints. 

The following Members asked questions:

·         Councillor Richard Thake

·         Councillor Claire Strong

·         Councillor Sean Prendergast

·         Councillor Ian Albert

·         Councillor Gerald Morris

·         Councillor Ralph Muncer

In response to questions the Monitoring Officer advised that:

·         Complaints against the Council can be made using the; Comments, Compliments and Complaints (3C’s) Policy, by issuing Legal Proceedings or raised under the Member Officer Protocol regarding staff with their line managers or for more serious complaints under the Managing Misconduct Policy or Whistleblowing Policy for alleged illegal action and the matter will then be investigated or referred to the various bodies that the Council works with for example SAFS, SIAS and the Police.

·         Item 1.1 related to Councillors Code of Conduct and not to complaints about the Council or its Officers.

·         North Hertfordshire District Council is the correct legal entity of the Council, but corporately it had adopted North Herts Council.

·         The time scale of 4 months, was in relation to the investigation element of the complaint and not the whole procedure length.

·         Following investigation Members would be expected to attend a daytime hearing, and this can often cause delays to ensure all parties can attend.

·         21 days was 21 calendar days not working days.

·         In respect of complaint 9/2022 and the apology issue raised, there is an implied expectation when a hearing is imminent with pending legal costs that all parties be open to communication. In relation to complaint 9/2022 the parties were due to attend the Final Hearing on 5 December and notice was given of the apology to the Complainant, Cllr Morgan Derbyshire on 2 December at around 1500 for a response by 900 on 5 December, which was considered an appropriate amount of time in the specific circumstances.

·         When an e-form is completed, the complainant would receive an automatic reply from the system followed by a more formal reply.

·         Complaints received by e-mails would be considered, but they rely on the correct address being entered and the person being in the office, and it was better to use the e-form.

In response to points raised the Independent Person suggested that for clarification, the word ‘stage’ be added to Investigation element of Section 6 to clarify the 4 months period and that days be clarified as ‘calendar days’.

Councillor Ralph Muncer proposed that the Council be addressed  ...  view the full minutes text for item 34