1.                        PURPOSE OF REPORT AND EXECUTIVE SUMMARY

1.1      This report provides an update on complaints received under the Member’s Code of Conduct in the period ending 9 July 2015.

2.                        INTRODUCTION AND BACKGROUND

2.1      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 new Constitution adopted in May 2015 (and is unchanged from the previous Code of Conduct.) 

2.2      At the same Full Council meeting the Maidstone Borough Council also adopted arrangements for dealing with complaints under the Code about Maidstone Borough Councillors..

2.3      The Localism Act 2011 requirement to adopt a Code of Conduct also applied to all the Parish Councils in the Maidstone area. Consequently, all the Parish Councils in the Maidstone area also adopted their own Codes of Conduct.

2.4       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. Thus the Borough Council is responsible for dealing with any complaints affecting Members of, not only the Borough Council, but also all the Parish Councils in the Maidstone Borough.

2.5      The arrangements for dealing with complaints varies slightly according to which process the relevant Parish Council adopted.  Full details of each complaints procedure is available on each Councils website.

2.6      The Borough Council have resolved that oversight of any Code of Conduct complaints falls under the Audit Standards and Governance Committee.

3.         UPDATE ON COMPLAINTS RECEIVED

3.1      This is the first meeting of the newly constituted Audit Standards and Governance Committee and the Monitoring Officer intends to provide an update to the Committee upon complaints received at each meeting. The update is set out so that the names of the complainant and the Member complained about are both kept confidential. The reason for this is that the Localism Act 2011 repealed the previous statutory process for dealing with complaints whereby decisions including names would be published. In the absence of that statutory process, complaints must be dealt with in accordance with the Data Protection Act 1998 which means such data must be kept confidential.

3.2      Since Annual Council on 23 May 2015, there have been two new complaints which are presently receiving initial consideration by the Monitoring Officer.

3.3      In addition, there was one outstanding complaint in existence at 23 May 2015.  This has since been rejected by the Monitoring Officer (in consultation with the Independent Person) as being unfounded.

3.4      The new Constitution provides for a Hearings Sub-Committee (part 2.1 p26) to meet to consider any complaint which remains valid after investigation and consideration by the Monitoring Officer in consultation (as required) by the Independent Person.  The Hearings Sub-Committee has not yet been required to meet.

4.            PREFERRED OPTION

4.1      To note the update upon complaints under the Member’s Code of Conduct

5.        CONSULTATION

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

6.        CROSS-CUTTING ISSUES AND IMPLICATIONS

7.         REPORT APPENDICES & BACKGROUND PAPERS

None