1.      INTRODUCTION AND BACKGROUND

1.1     It is a requirement under the Localism Act 2011 that all Councils adopt a Code of Conduct and that the Code adopted must be based upon the Nolan Principles of Conduct in Public Life. The current Members’ Code of Conduct (“the Code”) for Maidstone Borough Council is set out in the Constitution adopted in May 2015 (and is unchanged from the previous Code of Conduct).

1.2     The Localism Act 2011 requirement to adopt a Code of Conduct also applied to all the Parish Councils. Consequently, all the Parish Councils in the Maidstone area adopted their own Codes of Conduct with the majority adopting the Borough Council’s Code of Conduct.

1.3     Under the Localism Act 2011 Maidstone Borough Council is responsible for dealing with any complaints made under the various Codes of Conduct throughout the Maidstone area.

1.4     The Constitution stipulates that oversight of Code of Conduct complaints would fall under the terms of reference of the Audit, Governance and Standards Committee.

1.5     As part of the Committee’s oversight function it is agreed that the Monitoring Officer will provide reports on complaints to the Audit, Governance and Standards Committee.  It should be noted that the Localism Act 2011 repealed the requirement to publish decision notices; therefore in providing the update to the Committee the names of the complainant and the Councillor complained about are both kept confidential in accordance with the Data Protection Act 1998.

1.6     Since the last report to this Committee on 20^th November 2017 there have been no new complaints, although two complaints on the 20^th November were still awaiting initial assessment.  The final decision in relation to those two complaints was as follows:

Borough Council Complaint

Date Received                   Date of Final Decision     Decision

21/08/2017            19/12/2017                    No breach of the Code of

                                                                     Conduct

Parish Council Complaint

Date Received                   Date of Final Decision     Decision

28/10/2017            13/12/2017                    No breach of the Code of

                                                                     Conduct  

1.7     The Constitution provides for a Hearings Sub-Committee to meet to consider any complaint which remains valid after investigation and consideration by the Monitoring Officer in consultation (as required) with the Independent Person.  To date the Hearings Sub-Committee has not yet been required to meet.

2.        AVAILABLE OPTIONS

2.1     The Committee could decide that they no longer wish to receive the updates on complaints under the Code of Conduct.  This is not recommended as it is part of the Committee’s general oversight function.

2.2     That the Committee note the update on complaints received under the Members’ Code of Conduct.

3.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

3.1     Option 2.2 that the Committee note the update on complaints received under the Members’ Code of Conduct is recommended as it is essential that the Committee continue to oversee the complaints received.

4.       RISK

5.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

5.1     Members of the Audit, Governance and Standards Committee and the Independent Person in accordance with the relevant complaints procedure will be consulted with on individual complaints as and when necessary.

6.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

6.1     As the report is for information only no further action will be taken.

7.       CROSS-CUTTING ISSUES AND IMPLICATIONS

8.        REPORT APPENDICES

None

9.        BACKGROUND PAPERS  - None