Country's councillor discipline system 'toothless', committee hears
The sanctions regime aimed at punishing councillor misbehaviour is criticised as “toothless” at authorities around the country, a committee has heard.
Telford & Wrekin Council’s standards committee has approved a refreshed code of conduct based on a model approved by the Local Government Association.
Responding to a member’s question, the borough's policy and governance chief, Anthea Lowe, said a change in the law 10 years ago took away councils’ power to suspend members, leaving in place more minor punishments like ordering a letter of apology.
She said “monitoring officers” – who are in charge of enforcing disciplinary codes at councils – were frustrated at the situation and said it would take new laws to restore strong penalties.
Independent councillor Peter Scott, who represents Newport North and West, asked: “If I’m found guilty of doing something on social media, say, insulting someone, and I say ‘I’m not apologising’ – because that has happened to me – what strength have we got, really, to do anything about it? Or are we saying ‘You naughty boy, don’t do it again’ and that’s it?
“What sanctions are there that would stop anyone?”
Ms Lowe, who had the role of monitoring officer at Telford & Wrekin, said Councillor Scott had “summed the situation up quite well, to be honest”.
Prior to the 2011 Localism Act, she said, councils had “quite robust penalties” including suspension from office.
“Post-2011 the powers of monitoring officers, extended to standards committees, are very limited,” she said.
“We can instruct that a letter of apology is written but, as you say, if someone refused that would potentially just be another breach.
“We can refuse access to council premises, other than to attend formal meetings. We can recommend or impose training but the main sanction, in terms of suspension or disqualification in the most serious cases, we don’t have any more.
“In January 2019 the Committee on Standards in Public Life made recommendations to government that the law should be changed to restore sanctions. Although they responded to the recommendations, government has not done anything. It would require legislation.”
She said the possibility of serious cases being publicised at a standards hearing acted as a deterrent to an extent, “but, on the whole, you will hear monitoring officers up and down the country telling you that the standards regime is ‘toothless'.”
Ms Lowe added: “That is the word that is used and it is probably a fair comment, but it is the law that we’ve got.”
She said when she receives allegations of councillor misbehaviour she explains the possible outcomes to the complainant “to manage expectations, really”.
Ms Lowe added that complaints about borough councillors are “very rare”.
The new code of conduct was approved by a majority vote. It will be referred to a full session of all 54 Telford & Wrekin councillors for ratification next week.
