Standard Complaints Assessment Criteria

Complaints which would not normally be referred to the Standards Committee for consideration of investigation 

  1. The allegation is or appears to be malicious, politically motivated, tit-for-tat or otherwise submitted with an improper motive and is not considered to disclose sufficiently serious breaches of the Code of Conduct to merit further consideration; or
  2. It appears that there can be no breach of the Code of Conduct; for example, that it relates to the Councillor’s private life or is about dissatisfaction with a Council decision; or
  3. It is about someone who is no longer a Councillor; or
  4. There is insufficient information available for a referral; or
  5. The complaint has not been received within 3 months of the alleged misconduct unless there are exceptional circumstances e.g. allegation of bullying, harassment etc; or
  6. The matter occurred so long ago that it would be difficult for a fair investigation to be carried out; or
  7. The same, or similar, complaint has already been investigated and there is nothing further to be gained by seeking the sanctions available to the Standards Committee; or
  8. It is an anonymous complaint, unless it includes sufficient documentary evidence to show a significant breach of the Code of Conduct and there is a clear public interest to do so; or
  9. Where the Member complained of has apologised and/or admitted making an error and the matter would not warrant a more serious sanction.
  10. Where the complaint relates to alleged failure to respond to correspondence 

Complaints which may be referred to the Standards Committee 

  1. It is serious enough, if proven, to justifying the range of sanctions available to the Standards Committee; or
  2. There are individual acts of minor misconduct which appear to be a part of a continuing pattern of behaviour that is unreasonably disrupting the business of the Council and there is no other avenue left to deal with it other than by way of an investigation; or
  3. When the complaint comes from a senior officer of the Council (such as a Chief Officer) and it would be difficult for the Monitoring Officer to consider; or
  4. The complaint is about a high profile Member and it would be difficult for the Monitoring Officer to consider; or
  5. Such other complaints as the Monitoring Officer considers it would not be appropriate for him/her to consider.

 

Whilst complainants must be confident that complaints are taken seriously and dealt with appropriately, deciding to investigate a complaint or to take further action will cost both public money and officers’ and Members’ time.  This is an important consideration where the complaint is relatively minor.