Standards Board

2.Main Content

Standards Board

This page contains information about the Standards Board, including:
What it does
Advantages and disadvantages
Which complaints are eligible and which are not?
Cost
Timescale
Procedure
Outcomes

What it does
The Standards Board for England was set up as a result of the Local Government Act 2000. It is an independent body that investigates complaints about members of a range of authorities, including local councils.

Each local authority is required to develop its own code of conduct for councillors, based on Government guidelines. The first codes were written in 2001, and new, more flexible codes were re-written in 2007.

The Standards Board sees itself as a ‘light-touch regulator’. Its job is to make sure that local authorities and other local councils comply with their code of conduct. When complaints are made, it will, where possible, support local investigations. Where needed, it will investigate complaints itself. If you make a complaint about the behaviour of a councillor, you can’t ask for a personal remedy or compensation.

The Board covers complaints about members of a range of public authorities in England, including county, district, borough, city, parish and town councils, and police authorities in England and Wales. A full list is available on the Standards Board for England website.

Complaints about maladministration by local authorities in England are dealt with by the Local Government Ombudsman and in Wales by the Public Services Ombud for Wales. Complaints about central government departments and the NHS are dealt with by the Parliamentary Ombudsman.

In Scotland and Northern Ireland complaints about decisions by both local and central government bodies are dealt with by the Scottish Public Services Ombud and the Northern Ireland Ombudsman. Complaints about members of local authorities and public bodies in Scotland go to the Standards Commission for Scotland.
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Advantages

it is independent of the individuals who are the subjects of the complaints it handles
it is free
complainants do not have to use an internal complaints procedure first
it is possible to get a thorough investigation
it can influence good practice and procedures among councillors

Disadvantages

it does not provide remedies for individual complainants

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Which complaints are eligible and which are not?
The Standards Board deals with complaints about misconduct by members of a range of authorities - for example, local councillors. "Misconduct" refers to a breach of the code of conduct that every local authority is required to have in place. These codes are based on the Model Codes of Conduct drawn up by Parliament.

The Standards Board has copies of every local authority's Code of Conduct on file. You can have a look at model codes of conduct on its website. The most recent codes were revised in 2007. Examples of breaches of the Codes of Conduct include:

unlawfully discriminating against someone
failing to treat people with respect
bullying any person
using their position improperly, to their own or someone else's advantage or disadvantage
misusing their authority's resources
revealing confidential information
failing to register financial or other interests
failing to reveal a personal interest at a meeting
failing to register any gifts or hospitality

You can’t make a complaint about the conduct of a councillor or other officer just because you disagree with the council’s decision about something.
Note: There could be an overlap between the Standards Board and the Local Government Ombudsman. If your complaint could go to either body, contact one of them to discuss which course of action would be best. They work together closely to make sure that people complaining are told clearly about the different options.

Complaints to the Standards Board must relate to incidents that have happened since May 2002, when the first Codes of Conduct came into force. There is no time limit for taking complaints to the Board.

Complaints mostly come from members of the public and other councillors. During 2006-07, the Board received 3,549 complaints, and 62% came from members of the public. Anyone can make a complaint – you don’t have to have been directly affected. But you should note that the Standards Board does not usually keep your identity confidential if you make a complaint.
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Cost
The scheme is free to complainants.
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Timescale
The time taken to complete an investigation varies, depending on how complex the issues are. The Board aims to complete 40% of investigations within four months of being referred, 90% within six months, and 97% within twelve months.
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Procedure
All complaints must be in writing. The easiest way to do this is to download a complaints form from the Board’s website, but you can also send in a letter or an email.

When a complaint is received, the Board will decide whether or not it should be investigated further. During 2006-07, only 19% of allegations received were referred for investigation. This decision is usually made fairly quickly – last year complainants were notified within 9 days.

Once a complaint is accepted for referral, the Board decides whether it would be best to investigate it at local or national level. Of the 636 complaints accepted for investigation during 2006-07, 38% were investigated by an ethical standards officer at the Board, and 55% were referred for local investigation.

At the end of the investigation, the ethical standards officer or monitoring officer writes a report on the investigation summarising their findings and setting out their decision in the matter. They send this report to all the parties to explain the outcome.
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Outcomes
There are four possible outcomes to an investigation:

There is no evidence of a breach of the code of conduct (38% in 2006-07)
There was a breach, but no further action needs to be taken – either because it was not particularly serious, or more usually because something has already been done (55%)
That the matter should be referred to the local monitoring officer or the local standards committee (4%)
That it should be referred to the Adjudication Panel for England for a hearing (3%)

The Adjudication Panel is an independent tribunal that considers the investigation. It will hold a hearing, and if it finds that the a code has been breached, it has powers to make the matter public, and to impose various sanctions including disqualification.

Don’t forget that even if your complaint is upheld, you can’t claim compensation for yourself. If you have suffered some kind of injustice as a result of wrongdoing or failure by a local authority, and you would like a personal remedy, you should consider taking your complaint to the Local Government Ombudsman instead.
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February 2008