Councillors — Conduct & Complaints Guide

Overview

1. Why These Rules Exist

Councillors are elected to serve the public, not themselves, their family, friends, businesses, or political supporters.

The rules are designed to ensure:

• Decisions are fair
• Public money is spent properly
• Residents can trust the council
• Councillors are accountable

2. The Councillors' Code of Conduct

Most councils have a Code of Conduct based on principles known as the:

Nolan Principles

These are:

1. Selflessness
2. Integrity
3. Objectivity
4. Accountability
5. Openness
6. Honesty
7. Leadership

Councillors are expected to follow these principles at all times when acting in their official role.

3. What Is a Conflict of Interest?

A conflict of interest happens when a councillor's personal interests could influence, or appear to influence, their decision-making.

Examples:

Financial Interests

A councillor:

• Owns land affected by a planning application
• Works for a company seeking a council contract
• Has shares in a business involved in a council decision

Family Interests

A councillor's:

• Husband
• Wife
• Partner
• Parent
• Child
• Close relative

may benefit from a decision.

Business Interests

A councillor:

• Runs a local company
• Is a director of an organisation
• Is a trustee of a charity receiving council funding

Personal Relationships

A councillor may have:

• Close friendships
• Business partnerships
• Personal disputes

with someone affected by a council decision.

4. Register of Interests

Councillors must declare certain interests.

These are usually published online in a:

Register of Interests

Residents can normally see:

• Employment
• Property interests
• Directorships
• Sponsorship
• Certain memberships
• Land ownership

This helps the public understand possible conflicts.

5. Disclosable Pecuniary Interests (DPIs)

These are the most serious financial interests.

Examples include:

• Employment
• Business ownership
• Land ownership
• Certain investments

If a councillor has a DPI relating to an item being discussed:

They usually must:

1. Declare it
2. Leave the room
3. Not vote
4. Not influence the decision

Failing to disclose some DPIs can be a criminal offence.

6. What Happens During Meetings?

Before discussing an agenda item:

The chair often asks:

"Are there any declarations of interest?"

Councillors must declare relevant interests.

The declaration is recorded in meeting minutes.

Residents can later see:

• Who declared interests
• What was declared
• Whether the councillor left the meeting

7. Predetermination and Bias

Councillors should not make decisions with a closed mind.

For example:

A councillor should not say:

"I will definitely vote against this application no matter what."

before hearing evidence.

Particularly important for:

• Planning committees
• Licensing committees

Residents can challenge decisions if there appears to have been bias.

8. Gifts and Hospitality

Most councils require councillors to declare gifts or hospitality over a certain value.

Examples:

• Free meals
• Event tickets
• Hotel stays
• Expensive gifts

These declarations are often published publicly.

Purpose:

To prevent undue influence.

9. Transparency Requirements

Councils must operate openly.

Many documents are public.

Examples include:

• Meeting agendas
• Reports
• Minutes
• Decisions
• Budgets
• Spending records

Many meetings are livestreamed or recorded.

Residents can often watch:

• Full Council
• Cabinet meetings
• Planning committees

10. Freedom of Information (FOI)

The public can request information from councils under the:

Freedom of Information Act 2000

People can ask for:

• Emails (subject to exemptions)
• Policies
• Spending information
• Reports

Some information may be withheld for legal reasons.

11. Making a Complaint About a Councillor

Most councils have a standards complaints process.

A complaint might allege:

• Bullying
• Harassment
• Failure to declare interests
• Bringing the office into disrepute
• Misuse of position
• Disrespectful behaviour

12. Who Handles Complaints?

Usually the complaint goes to:

Monitoring Officer

Monitoring Officer

The Monitoring Officer:

• Reviews complaints
• Advises on standards
• Investigates or arranges investigation

They are responsible for ensuring legality and good governance.

13. Independent Persons

Councils must appoint:

Independent Person

They are not councillors.

Their role is to:

• Review complaints
• Give independent views
• Help ensure fairness

14. Possible Outcomes of Complaints

A complaint may be:

Rejected

Insufficient evidence.

Resolved Informally

Examples:

• Apology
• Training
• Mediation

Investigated

A formal investigation may occur.

Standards Hearing

Serious cases may be considered by a standards committee or panel.

15. What Sanctions Can Be Applied?

Unlike in the past, councils have limited powers.

Possible actions include:

• Formal criticism
• Public findings
• Mandatory training
• Removal from committees
• Recommendation to political groups

Councils generally cannot automatically remove an elected councillor from office for a Code of Conduct breach alone.

16. Serious Cases

Where laws may have been broken, other bodies may become involved.

Examples:

Police

Potential criminal offences.

Courts

Judicial review or legal challenges.

External Auditors

Financial misconduct concerns.

17. Complaints About Council Services

This is different from complaining about a councillor.

Examples:

• Housing problems
• Missed bin collections
• Poor service

These usually go through the council's complaints