The LGA has responded to a consultation on councillor standards
The Government is about to reform the councillor standards framework for local authorities in England, to strengthen powers.
The LGA’s cross-party Civility in Public Life Steering Group and our Governance Working Group ran a significant consultation with the sector to develop our response.
Reforms must aim to create a culture that fosters respectful democratic debate, including robust challenge, and that places fairness, independence and natural justice at its heart if government hopes to create a system in which councillors, officers and the public can place their trust.
Clearly, the vast majority of councillors act with the best intentions and conduct themselves well in office. The large majority of breaches of the code of conduct are minor in nature.
However, we are not complacent and recognise that, on rare occasions, member behaviour can fall below the expected standards – and the current system is not equipped with the necessary tools to deal with some of the more challenging cases.
This can undermine public confidence and cause disruption of council business.
In the LGA’s submission to the Government’s consultation on reforming the councillor standards framework, which closed last month, we proposed a strengthening and standardisation of the complaints-handling process, alongside the introduction of a more substantial sanction of suspension for up to six months – but only in rare cases of serious misconduct.
We felt strongly that the current system is too inconsistent for extraordinary powers of suspension to be introduced without significant safeguards and substantial reform to the complaints-handling process.
Feedback from the sector indicated that a much more standardised approach to codes of conduct, complaints handling and application of sanctions would be welcomed by councillors and officers alike, and that there was an appetite for suspension to be available as a sanction at local level.
Alongside proposals for greater standardisation and strong guidance, we were able to support many of the Government’s proposals, including creating a new minimum prescribed code of conduct. This would require councils to maintain standards committees with voting independent members and chairs, and the introduction of suspension as a sanction for serious misconduct, alongside an independent appeals process.
However, feedback from the sector suggested significant concern with some of the Government’s proposals.
Repeated poor behaviour can be disruptive and reputationally damaging for councils, but removing an elected person from public office is very serious.
We couldn’t support disqualification as part of the local standards system, but recognised that disqualification criteria in relation to criminality may not have kept pace with public sentiment and should be reviewed.
“Reforms must aim to create a culture that fosters respectful democratic debate, including robust challenge”
Interim suspension before a finding of a breach of the code represents a serious democratic deficit, risks a councillor’s reputation, and is a sanction, even if they are later found not to have breached the code.
The LGA has long advocated for high standards in public office as a key element in maintaining trust and integrity in local government. In 2020, it was the LGA that produced the Model Code of Conduct that is now used in six out of 10 councils.
We hope the Government will work hand in hand with councils to ensure the new standards framework is fit for purpose and supports an environment that allows councils to thrive and deliver for their local communities.
- See ‘Strengthening the standards and conduct framework for local authorities in England’ for the government consultation. The LGA’s response to the councillor standards consultation is on our website