Complaining about a councillor

If you believe a District, Town or Parish Councillor within the Wealden District has breached their Code of Conduct you can submit a standards complaint to Wealden District Council’s Monitoring Officer. 

Please check the Complaining About a Councillor FAQs before you submit a complaint. 

These standards complaints are dealt with under a separate procedure to the Council’s complaints procedure. If you wish to make a complaint about an issue unrelated to councillor conduct, please see the Council’s complaints page Council Complaints Procedure

Before submitting a complaint, please consider whether the matter can be resolved without the need to submit a formal complaint. You are also encouraged to think about the outcomes you are seeking.

It should be noted that neither the Monitoring Officer nor the Standards Committee has powers to suspend or disqualify Members or to withdraw members’ or special responsibility allowances.

Recommendations that are available under this process:

• Publish its findings in respect of the member’s conduct
• Write a formal letter to the councillor found to have breached the code
• Report its findings to Council or to the Parish Council for information
• Seek formal censure by motion,
• Recommend to the member’s Group Leader (or in the case of un-grouped members, recommend to Council or to Committees) that he/she be removed from any or all Committees or Sub-Committees of the Council,
• Recommend to the Leader of the Council that the member be removed from the Cabinet, or removed from particular Portfolio responsibilities,
• Instruct the Monitoring Officer to or recommend that the Parish Council arrange training, mediation or other appropriate remedy, for the member.
• Recommend to Full Council or the Parish Council that the member be removed from all outside appointments to which he/she has been appointed or nominated by the authority or by the Parish Council;

More information can be found on our FAQs

To make a complaint, please use our online form via the link below. Please check the Complaining About a Councillor FAQs first.

Make a complaint online

You can also download and print out a complaint form and submit as below:

By post: The Monitoring Officer, Wealden District Council, Vicarage Lane, Hailsham, BN27 2AX.

By email: monitoring.officer@wealden.gov.uk

All complaints must be submitted in writing.

It is very important that you complete the form fully giving as much detail as possible as insufficient information may result in the complaint not progressing. 

You will be asked for your name, address and contact details.

Each Council has their own code which should be published on their website or you can contact the relevant Parish and Town Council Clerk to ensure your complaint is referring to the correct code. A copy of the Wealden District Council Code of Conduct can be accessed in the Glossary section.

It is important that you provide full details of the alleged misconduct, setting out clearly all of the information that you wish to be taken into account.

For example, please include:

• A clear explanation of what you consider the councillor has done (note that a separate form must be submitted for each councillor)
• specific descriptions about what a councillor said or did
• the dates of alleged incidents wherever possible
• confirm which areas of the Code of Conduct you consider have been breached (as set out in the complaints form)
• Attach supporting documents or evidence and confirm how they relate to the allegation

Before submitting a complaint, please read our Arrangements (see glossary) and the Explanatory Notes (see glossary).

Complaints submitted online will be acknowledged immediately. If the complaint form is submitted by post or email, we will acknowledge your complaint within five working days.

The sections below explain the complaint process and what you can expect.

The Initial Assessment stage involves the Monitoring Officer reviewing and making a decision as to whether a complaint falls with their remit (a jurisdictional test) and warrants further consideration.

The outcome of the initial assessment will usually be confirmed to the Complainant by the Monitoring Officer within four weeks of receipt of the complaint. This may need to be extended where the Monitoring Officer requires additional information.

As part of this stage, the Monitoring Officer may seek further clarification or relevant information from the Complainant and will usually notify the Subject Member of the complaint and given them the opportunity to respond. The Monitoring Officer may also inform the clerk of the relevant Parish or Town Council of the complaint and seek the views of the Parish or Town Council before deciding whether the complaint merits formal investigation.

1. Decision to take no action on the complaint*

*Note: this is referred to as deciding to take no further action in the Arrangements and Explanatory Notes.

Circumstances where a decision to take no action may be appropriate:

• complaint does not fall within the jurisdiction of the Code of Conduct
• Insufficient information provided to support the allegation(s)
• The complaint is the same or substantially the same as a complaint previously dealt with.
• The period which has elapsed since the alleged conduct is so significant that it is considered to be inequitable, unreasonable or otherwise not in the public interest to pursue (i.e. more than six months).
• The complaint discloses such a minor or technical breach of the Code of Conduct that it is not in the public interest to pursue.
• The complaint is or appears to be trivial, malicious, politically motivated, tit-for-tat or otherwise submitted with an improper motive and the complaint is not considered to disclose sufficiently serious potential breaches of the Code of Conduct to merit further consideration.
• The alleged conduct relates to the matters where the councillor was acting in a private capacity.
• The Subject Member has provided a satisfactory remedy to the complaint.
• The complaint is about a person who is no longer a Member of a relevant council.
• There is evidence to suggest a potential breach of the Code of Conduct but the circumstances do not warrant further action.

Where ‘no action’ is decided, notification will be sent to the complainant, the Subject Member and if applicable, the clerk to the relevant Town or Parish Council, setting out the reasons for the decision.

Details of the complaint remain confidential.

2. Informal Resolution (also referred to as ‘other action’)

Circumstances where a decision of ‘other action’ may be appropriate:

• Interpersonal conflicts
• Misunderstanding of procedures or protocols
• A general breakdown in relationships at a council where other action such as mediation might help.
• Complaints where the public interest in conducting an investigation does not justify the costs of such an investigation.
• Where there is behaviour indicating a lack of experience or the Member(s) may benefit from additional training or mentoring.
• Where it appears that the town/parish council would be best placed to resolve the issue.
• Where there is the same alleged breach of the Code of Conduct by many of the Council’s Members, indicating a poor understanding of the Code of Conduct and / or authority’s protocols and procedures.

‘Other action’ can include outcomes such as an apology, commitment to undertake training or taking part in mediation or facilitated discussion. Where appropriate it affords an opportunity for informal resolution between the Complainant and the Subject Member. It does not represent a finding of whether there has been a breach of the Code of Conduct.

If the Monitoring Officer decides ‘other action’ is appropriate, notification will be sent to the complainant, the Subject Member and if applicable, the clerk to the relevant Town or Parish Council, setting out the action taken with an explanation. 

Details of the complaint remain confidential.

The Monitoring Officer will deal with actions arising from a decision of ‘other action’.

3. Refer for Investigation

Where it is decided that a complaint merits formal investigation, the Monitoring Officer or the Deputy Monitoring Officer will appoint an Investigating Officer. At all times, the Monitoring Officer or a suitable appointed person maintains the function of overseeing the investigation.

Where ‘refer for investigation’ is decided, notification is sent to the Complainant and the Subject Member and, if applicable, the clerk to the relevant Town or Parish Council, setting out the reasons for the decision.  All parties involved are advised of the confidential nature of the investigation.

The timescale for producing a report will depend on the nature of the investigation.

On completion of an investigation, the monitoring officer may, following consultation with the Independent Person(s) decide:

• to take no further action;
• to seek to resolve the matter informally; or
• to refer the matter to a local hearing of the Standards Committee 

The Arrangements sets out information relating to investigations and includes a procedure for the investigation of complaints (see Appendix one) and for local hearings (see Appendix two).

Should the Monitoring Officer assess that the complaint may include criminal activity, they will consider a referral to the police or other external authority as appropriate. 

If your complaint or aspects of it are referred to the Police or other body for investigation the Monitoring Officer may adjourn this process and will notify you of this. 

There is no right of appeal to a decision on a Code of Conduct complaint.

Wealden District Council has two Independent Persons, one of whom shall be consulted as part of the consideration of any complaint. Their involvement at the various stages is detailed in the Arrangements.

Subject Members have the right to consult the Independent Person as part of the complaints process.

East Sussex Association of Local Councils

National Association of Local Councils

Factsheets produced by the Local Government and Social Care Ombudsman in relation to Parish and Town Councils and Standards and Member Conduct:

Town and parish councils – Local Government and Social Care Ombudsman

Local Government and Social Care Ombudsman Complaints about Standards and Member Conduct

If you have any questions about the complaints process or require any support or assistance in connection with your complaint please contact: monitoring.officer@wealden.gov.uk

‘Subject Member’ is a reference to the councillor who is the subject of a complaint.

‘Complainant’ is reference to the person submitting a formal complaint.

‘Independent Person’ means an independent person appointed under s.28(7) of the Localism Act 2011.

‘LGA Guidance’ is the guidance published on Member Model Code of Conduct Complaints Handling (2021) by the Local Government Association: LGA Code Conduct Complaints Handling Guidance

‘Arrangements’ is reference to the arrangements adopted by Wealden District Council pursuant to section 28(6) of the Localism Act 2011 to deal with complaints that its code of conduct has been breached, including arrangements for complaints to be investigated and decisions on allegations to be made Standards Arrangements

‘Wealden Code of Conduct’ means the code of conduct adopted by Wealden District Council contained with the Constitution Wealden Members’ Code of Conduct

These notes should be read in conjunction with the Arrangements.

Introduction

1. This document sets out the procedure which will be followed once a decision has been taken that an allegation of misconduct by a Member (the “Subject Member”) should be investigated.

Appointment of the Investigating Officer

2. Upon deciding to refer an allegation for investigation, the Monitoring Officer will appoint an Investigating Officer and instruct them to conduct an investigation into the allegation and report on it. The Monitoring Officer may appoint a replacement if the Investigating Officer is unable to complete the investigation. The Investigating Officer may be an Officer of the District Council or another authority or an external Investigating Officer.  Although the Monitoring Officer is responsible for overseeing and ensuring the fairness and effectiveness of the Investigating Officers work, the Investigating Officer is responsible for the day to day management of the investigation.  The Investigating Officer will remain independent of the Monitoring Officer and the Standards Committee throughout the investigation.

The role of the Investigating Officer

3. The role of the Investigating Officer is to ensure, as far as reasonably possible, that all the information which is relevant to the allegation is identified, reviewed and presented in their report.
4. Subject to the agreement of the Monitoring Officer, the Investigating Officer may appoint a person(s) to assist them in the conduct of their functions and may obtain such professional advice as may be necessary for the proper conduct of the investigation.

Notification requirements

5. Following the appointment of an Investigating Officer, the Monitoring Officer will notify the Complainant and Subject Member that the matter has been referred for investigation and inform them who is conducting the investigation. The Monitoring Officer will also advise the Complainant and Subject Member that they, and their witnesses, may be contacted by the Investigating Officer in relation to the investigation process.

Conduct of the investigation

6. The Investigating Officer has a broad discretion as to how they conduct the investigation.
7. The Investigating Officer may request that the Subject Member and the Complainant provide them with information and/or documents which are relevant to the investigation. They may request them to provide details of witnesses or other persons who may be able to assist with the investigation.  If such requests are not complied with the Investigating Officer may seek further instructions from the Monitoring Officer. If the Subject Member fails to co-operate and the matter is subsequently referred to the Standards Committee, the Committee may take that lack of co-operation into account when considering the matters before them.
8. It may assist the Investigating Officer to set out a plan for how they are going to conduct the investigation. The Investigating Officer may consult the Monitoring Officer at any stage of the investigation on any matter that the Investigating Officer considers to be relevant to the proper conduct of the investigation.
9. The Investigating Officer may request any party connected to the investigation to attend for interview with them, or arrangements to obtain information – including by telephone conference and/or for any party to provide them with documents or other material relevant to the investigation.
10. Any person who is interviewed by the Investigating Officer may arrange to have a friend or qualified legal representative attend with them – provided they are not connected to the matter under investigation.
11. The Investigating Officer will take a note of any interviews that they conduct.
12. The Monitoring Officer may, at their discretion, agree that the authority may pay such reasonable expenses, fees or allowances to any persons connected to the investigation who provides documents, information, advice or explanation, or who travels to see the Investigating Officer, as they consider appropriate.

Referral to the Monitoring Officer

13. The Investigating Officer may refer the matter under investigation back to the Monitoring Officer for review if it appears to them appropriate to do so. For example, if the Complainant, Subject Member or a witness is seriously ill or it is appropriate to re-consider the investigation in the light of new evidence.

Deferral of investigation

14. The Monitoring Officer has discretion to defer the investigation if it appears appropriate to do so. For example, if there is a criminal investigation taking place, or one of the parties involved is so unwell that the progress of the investigation is likely to be significantly delayed.

Confidentiality

15. The Investigating Officer will request that any party involved in the investigation treat the matter as confidential, in order to maintain the integrity of the process. Should the matter be referred to a Standards Committee the failure of any party to do so will be brought to the attention of the Standards Committee.

Draft Report

16. When the Investigating Officer is satisfied that they have sufficient information, or has obtained as much information as is reasonably practicable to obtain, they shall prepare a confidential draft report setting out the details of the allegation, the relevant sections of the Code of Conduct, a summary of the allegation, the response of the Subject Member, the information, documents and evidence taken from all parties during the course of the investigation, a statement of their draft findings, and the Investigating Officer’s conclusion as to whether the Subject Member has breached the Code of Conduct.
17. The draft report will be sent to the Monitoring Officer, the Complainant and the Subject Member for their comments. Following liaison with the Monitoring Officer the Investigating Officer may wish to conduct further investigations once they have received those comments, before producing their final report.

Final Report

18. The final report will include the same sections as the draft report and will conclusively confirm the Investigating Officer’s view as to whether or not there has been a breach of the Code of Conduct.
19. Where appropriate, to assist the Monitoring Officer, the Investigating Officer may include a chronology, summary of disputed facts and/or to append witness statements or other documents to the final report.

Action on receipt of Final Report

20. If the Investigating Officer concludes that there is no evidence of a failure to comply with the Code of Conduct, the Monitoring Officer will review the report, consult with the Independent Person, and, if satisfied that the report addresses all relevant issues, will write to the Complainant and the Subject Member notifying them that no further action is to be taken and enclose a copy of the final
21. If the Monitoring Officer is not satisfied that the investigation addresses all relevant issues, or fails to deal with the matter comprehensively or has not been conducted properly, they will, following consultation with the Independent Person, ask the Investigating Officer to reconsider their report, or the Monitoring Officer may make other arrangements to review the investigation.
22. If the report concludes that there is evidence of a failure to comply with the Code of Conduct the Monitoring Officer will either refer the matter to the District Council’s Standards Committee or, after consulting the Independent Person, seek local resolution.
23. More information on the local resolution of complaints can be found in the separate document referring to the “Arrangements for dealing with Member Complaints”.
24. More information on the Standards Committee process can be found in the separate document referring to the “Hearing Procedure”.

1.Where an Investigating Officer has concluded that there is evidence that the Subject Member has failed to comply with the Code of Conduct the Monitoring Officer may decide that the matter should be dealt with before the Standards Committee. The procedures for doing so are as follows:

Pre-hearing process

2.  The Monitoring Officer will, arrange for the Standards Committee (the Committee) to meet to hear the complaint, in accordance with the agreed Arrangements for Dealing with Member Complaints. The Committee will deal with the matter as soon as is reasonably convenient for all parties and, subject to exceptional circumstances arising, will aim to do so within 3 months of receiving the Investigating Officer’s report. The Monitoring Officer will contact all parties and seek to establish a convenient date for the hearing.  All parties will be expected to respond promptly (and in no more than 14 days) to the Monitoring Officers’ request – in order that the date the Committee sits can be arranged promptly and at the convenience of all parties. 

3. As soon as a suitable date has been identified all parties will be notified of it. Where the Committee may sit for more than one day, the Monitoring Officer will aim to arrange sittings on consecutive days. If a party becomes unavailable to attend the Committee after the date of the hearing has been fixed, the Monitoring Officer will expect to receive prompt notification and brief reasons for the unavailability.  Based on that information, following consultation with the Chairman of the Committee, the Monitoring Officer will exercise their discretion as to whether the date the Committee sits should be re-arranged.

4. The Standards Committee are subject to the normal requirements on confidential and exempt information as apply to any other Committee under ss100 A to K and Schedule 12A of the Local Government Act 1972. The Monitoring Officer will consider whether these provisions apply in advance of the hearing and may consult one of the Independent Persons, the Chairman of the Committee and any other party involved in the Committee for their views.

5. The Monitoring Officer will request that the Subject Member gives their response to the Investigating Officer’s report promptly – in order to identify areas of agreement between the parties and matters that are likely to be contentious well in advance of the date that the Committee sits. If the Subject Member unreasonably delays or withholds their response the Committee may take that lack of co-operation into account when considering the matters before them.

6. If the Subject Member wishes to rely on new evidence at the hearing that has not been considered by the Investigating Officer, for example, documents or information that have not previously been referred to or by calling new witnesses, the Subject Member will be expected to give the Monitoring Officer reasonable notice and provide the Monitoring Officer with a copy of that new material or a summary of the evidence that the new witness is likely to give.

7. Subject to the above, on the exercise of the Chairman’s discretion the Committee may decline to allow such new arguments, witnesses or evidence to be presented at the hearing.

8. It is the responsibility of the Monitoring Officer to oversee the work of the Investigating Officer during the evidence gathering process and the Monitoring Officer will collate and consider all the evidence available prior to placing it before the Committee. During this process the Monitoring Officer will, where they consider it necessary to do so, consult with, and take account of, the view of the Independent Person.

9. The Chairman of the Committee is responsible for the conduct of the hearing. Where the Monitoring Officer considers it  appropriate to do so, the Monitoring Officer may consult with the Chairman of the Committee (and, if appropriate, with one of the Independent Persons), with a view to assisting the Chairman in issuing pre-hearing directions to the parties involved in the hearing.  The purpose of doing so is to identify relevant issues and to ensure that the business of the Committee is dealt with efficiently.  The decision as to whether directions are issued is, ultimately, a matter for the Chairman. 

10. The Monitoring Officer may, at their discretion, agree that the authority pay the reasonable expenses of the Complainant, Subject member and witnesses, associated with their attendance at the hearing.

11. The Monitoring Officer will consider whether it is appropriate to hear two or more complaints together. This may occur, for example, if they relate to the same Subject Member, or arise from the same or a similar set of facts or from the same incident, or have some other connection by which the Monitoring Officer considers that it is proper to link one or more complaints.

12. The Monitoring Officer, or their nominee, will act as a point of contact for the Subject Member, the Complainant, and any witnesses who will give evidence.

The Hearing

13. There is a presumption that the deliberations of the Committee will take place in public. The parties to the hearing may make representations to the Chairman on this point and should do so, via the Monitoring Officer, in good time prior to the hearing. The Chairman may issue directions in advance on this point or, in the interests of transparency, deal with the issue at the commencement of the Committee.
14. One of the Independent Persons appointed by the District Council will be invited to attend at the Committee. Where one of the Independent Persons has already been involved in the pre-hearing process and there is an actual, or potential, conflict of interest, the Monitoring Officer will invite the other Independent Person to attend the Committee who has not been involved with the pre-hearing process. Where an Independent Person takes part in the Committee they will be consulted and their view sought during the process and, save that they are not entitled to vote on the decision as to whether there has been a breach of the Code of Conduct and, if so, what action to take, they will be treated as an equal member of the Committee.
15. If the Subject Member does not attend the hearing, the Committee may at the discretion of the Chairman, adjourn the hearing or continue to hear evidence and reach a decision on the basis of the Investigating Officer’s report and any evidence they may
16. The Committee sits as a meeting of the District Council, not a court of law. Where a Committee sits the burden is on the Complainant, through the Investigating Officer, to prove that there has been a breach of the Code of Conduct.  That burden is to the civil standard, the allegation must be proved on the balance of probabilities.  Evidence is not heard on oath.  However, all parties are expected to have proper regard for the seriousness of the proceedings and the public interest in ensuring the business of the Committee is conducted fairly and efficiently.
17. In order to assist the Committee in dealing with matters fairly and efficiently the Chairman of the Committee may, at their discretion, allow the Investigating Officer and the Subject Member to make opening remarks and/or closing arguments.

Representation

18. The Subject Member may arrange to have a friend or qualified legal representative attend the hearing with them, provided that they are not connected to the matter under investigation. The Committee may refuse to allow the friend or representative to remain at the hearing if they are disruptive.  

Evidence

19. All matters relating to the evidence and procedure at the hearing are within the discretion of the Chairman of the Committee. The Chairman may, at any time, seek advice from the Monitoring Officer.
20. Subject to the exercise of the Chairman’s discretion to manage the hearing, the Subject Member is entitled to present their case as they see fit.
21. Where the Chairman of the Committee may consider exercising their discretion as to the management of the proceedings the Chairman will have regard to any relevant submissions made by the Investigating Officer and Subject Member.
22. It will be the general expectation of the Committee that all witnesses of fact relevant to the disputed issues will attend in person to give their evidence and to be questioned. Less weight may be placed on the evidence of witnesses of fact where they do not attend before the Committee, because they are not available to be questioned by the other party. It is the expectation that witnesses as to character will normally provide their evidence in writing, such evidence will be read to the Committee by the party who wishes to rely on that evidence.
23. It will be the expectation of the Committee that the Complainant, Subject Member and all witnesses behave courteously both throughout the pre-hearing stage and at the hearing. Parties who behave unreasonably, are rude or who seek to disrupt the hearing will be asked to leave and the Chairman may exercise their discretion to proceed without hearing that persons evidence. Alternatively, the hearing may be adjourned.
24. Subject to the Chairman exercising their discretion, the general procedure at a hearing will be that the Investigating Officer will present their final report, call such witnesses as they consider necessary and make representations to support their conclusions. Following the Investigating Officer calling each witness the Subject Member will be entitled to question that witness, through the Committee.  Thereafter the Subject Member will have the opportunity to give their evidence, call witnesses and to make representations to the Committee as to why they believe they have not failed to comply with the Code of Conduct.  The Investigating Officer may question the Subject Member and each of the Subject Member’s witnesses, after they have given their evidence, through the Committee.  The Complainant, Investigating Officer, Subject Member and all witnesses may be questioned by all members of the Committee during the proceedings. If it appears to the Monitoring Officer that a relevant question or issue has not been raised by either party the Monitoring Officer may bring that point to the attention of the Chairman. 
25. The onus is on the Subject Member to ensure the attendance of all witnesses they wish to call to give evidence on their behalf at the Committee. The Chairman of the Committee will consider the relevance of the potential evidence that a witness may give, both in liaison with the Monitoring Officer at the pre-hearing stage (when the Chairman may issue directions) and throughout the hearing.  By applying the test of relevance the Chairman may limit the number of witnesses to be called by either party and/or the issues that may be covered by them.
26. No party to the proceedings has the power to compel any witness to attend to give evidence before the Committee.

Role of Monitoring Officer at the Hearing

27. The role of the Monitoring Officer is to ensure that the pre-hearing stage and hearing are conducted efficiently. Although they are responsible for overseeing the work of the Investigating Officer, the Monitoring Officer will remain impartial and, where asked to do so by the Chairman of the Committee, may give independent advice on legal and procedural matters.  The Monitoring Officer is not permitted to make findings of fact regarding any allegation that the Code of Conduct has been breached, this is a matter solely for the Committee.  References to the Monitoring Officer should be read to include any representative of the Monitoring Officer.

Role of the Complainant at the Hearing

28. The role of the complainant will usually be limited to being a witness and they are not a party to the proceedings. However, the Committee may wish to consult them at any stage in the hearing if they feel their comments would assist them.

Decision

29. Having heard all the evidence, the Committee must decide whether or not the Subject Member has breached the Code of Conduct and, if so, what, if any, sanctions to impose.
30. The Committee will generally retire to consider in private whether they conclude that the Subject Member has breached the Code of Conduct. All members of the Committee may contribute equally to the deliberations, although only the District Council members of the Committee may vote.  If necessary, the Chairman has a casting vote.
31. Having considered whether or not the Subject Member has breached the Code of Conduct, the Committee will reconvene in public session and the Chairman will advise the Subject Member of the outcome. If the Committee decides that the Subject Member has not breached the Code of Conduct then the proceedings are concluded immediately.  Alternatively, if the Committee decides that the Code of Conduct has been breached, the Chairman will announce this decision and give brief verbal reasons.  The Investigating Officer and Subject Member may then make representations as to what, if any, sanctions are appropriate.  The Committee will generally retire to consider those representations. On returning to public session the Chairman will announce the sanctions, if any, to be imposed and give brief verbal reasons.
32. While the Monitoring Officer may assist the Committee during its private deliberations by, for example, reviewing the evidence heard or advising on issues of law, the Monitoring Officer is not permitted to express any view on the merits of the evidence or to attempt to influence the decision making process. Once a decision has been made, either whether or not the Code has been breached or on the imposition of sanctions, the Monitoring Officer may assist the Chairman in drafting a short document containing the reasons for the relevant decision, to be announced by the Chairman at the hearing.

Sanctions

33. The Committee must consult the Independent Person before imposing any sanction and give the Subject Member the opportunity to make representations.
34. When making its decision on the sanctions that may be imposed the Committee will consider the seriousness of the breach of the Code of Conduct and its actual and potential consequences. In doing so it will also have regard to any mitigating or aggravating factors, such as:

Mitigating Factors

• An honest but mistaken belief that the action was not a breach of the Code of Conduct
• A previous record of good public service
• An offer to apologise for the breach, particularly if it is made at an early stage in the overall proceedings
• Evidence of ill health at the time of the breach

Aggravating Factors

• Dishonesty
• Continuing to deny the breach
• An attempt to blame others
• Evidence of a failure to follow earlier advice or warnings
• Previous breaches – particularly where they are of a similar nature.

35. When imposing sanctions the primary objective of the Committee will be to ensure that the Subject Member is dealt with in a way that prevents a further breach of the Code of Conduct and maintains public confidence in the General Principles of Public Life and ethical local governance.

39. The sanctions available to the Committee are to:

• Publish its findings in respect of the Subject Member’s conduct
• Write a formal letter to the Subject Member
• Report its findings to Council for information
• Seek formal censure by motion
• Recommend to the Subject Member’s Group Leader (or, in the case of Subject Members who do not belong to a political group, recommend to Council or to Committees) that they be removed from any or all Committees or Sub-Committees of the Council,
• Recommend to the Leader of the Council that the Subject Member be removed from the Cabinet, or removed from particular Portfolio responsibilities,
• Instruct the Monitoring Officer to arrange mentoring, training, mediation or other appropriate remedy for the Subject Member.

Notice of Decision

40. As soon as is reasonably practicable after the hearing the Monitoring Officer will prepare a formal Decision Notice. The Decision Notice will confirm the decision of the Committee. Where the Code of Conduct has been found to have been breached, and if sanctions have been imposed, the Decision Notice will contain written reasons.  A copy of the Decision Notice will be sent to the Complainant and the Subject Member.  The Decision Notice will be made available for public inspection and a report of the decision will be made to the next Standards Committee meeting.