Will your complaint be investigated?

The Monitoring Officer will review every complaint received and may consult with one of the Independent Persons before taking one of the following decisions:

  • No further action
  • Merits other action (eg early informal resolution)
  • Merits further investigation or should be referred to the Standards Committee to consider whether the complaint merits further investigation.

In reaching a decision in respect of how to progress the complaint the Monitoring Officer will take into account the following factors where appropriate:

  • Was the Member acting in their official capacity?
  • Was the Member in office at the time of the alleged misconduct?
  • Is the complaint of a very minor or trivial nature or tit-for-tat?
  • Is the complaint vexatious or malicious?
  • Is the complaint politically motivated?
  • Are there historical matters?
  • Is there a potential breach of the Code?
  • Assessment of public interest?
  • Is additional information required prior to making a decision?
  • Any representations from the Member subject to the complaint

 

The Public Interest Consideration is to be used by the Monitoring Officer in assessing complaints

This decision as to how the complaint is to be progressed will normally be taken within 30 working days of receipt of your complaint.  Your complaint will be considered in accordance with the Assessment Criteria annexed at Appendix 3.  Where the Monitoring Officer has taken a decision, you will be informed of the decision and the reasons for that decision.  The Monitoring Officer may require additional information in order to come to a decision, and may come back to you for such information.  In the absence of a response from you within 15 working days the Monitoring Officer may close the complaint. The Member that is the subject of the complaint will be given the opportunity to provide information from their perspective to assist the Monitoring Officer in reaching a decision.  In the absence of the subject Member’s response within the specified timescale, the Monitoring Officer may progress the complaint.  (Where your complaint relates to a Town Councillor, the Monitoring Officer may also inform the Town Council of your complaint and seek the views of the Town Council before deciding whether the complaint merits formal investigation).

In appropriate cases, the Monitoring Officer may seek to resolve the complaint informally, without the need for a formal investigation.  Such informal resolution may involve the Member accepting that his/her conduct was unacceptable and offering an apology, or other remedial action by the authority.  Where the Member or the authority make a reasonable offer of informal resolution, but you are not willing to accept the offer, the Monitoring Officer will take account of this in deciding whether the complaint merits further investigation.

If your complaint identifies criminal conduct or breach of other regulation by any person, the Monitoring Officer has the power to call in the Police or other regulatory agencies.