Investigations
So far, 1683 complaints have been referred for investigation. This is 28% of the total number of initial assessment decisions recorded. There are 968 cases referred to the monitoring officer for investigation that have standards committee determination meeting dates recorded.
The outcomes of these are as follows:
Q1 08/09 |
Q2 08/09 |
Q3 08/09 |
Q4 08/09 |
Q1 09/10 |
Q2 09/10 |
Q3 09/10 |
Q4 09/10 |
Total | |
|---|---|---|---|---|---|---|---|---|---|
| Breach - no further action | 0 | 11 | 14 | 13 | 5 | 5 | 0 | 0 | 56 |
| Breach - penalty | 22 | 65 | 71 | 44 | 30 | 19 | 8 | 0 | 259 |
| No breach | 48 | 111 | 160 | 135 | 101 | 71 | 25 | 2 | 653 |
| Not yet complete | 1 | 12 | 15 | 44 | 96 | 176 | 161 | 210 | 715 |
| Total | 71 | 199 | 260 | 236 | 240 | 271 | 194 | 212 | 1683 |
The average length of time between the date of the decision to investigate and the date of the determination meeting is just over 6 months. However, there are a number of investigations that take more than 9 months to complete.
The following chart shows how many local investigations were more than 9 months old at the end of each quarter during 2009/10.
There were 563 breaches of the Code found in the 315 investigations that are recorded as “breach but no further action” or “breach with penalty”. Please note that more than one breach can be identified for each investigation.
Part of the code |
Number of occurrences | Code description |
|---|---|---|
| Part 1 3(1) | 168 |
You must treat others with respect |
| Part 1 5 | 115 |
You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute |
| Part 2 12(1)(a) | 54 |
Where you have a prejudicial interest in any business of your authority you must withdraw from the room or chamber where a meeting considering the business is being held |
| Part 2 9(1) | 65 |
Where you have a personal interest in any business of your authority and you attend a meeting of your authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent. |
| Part 1 3(2)(b) | 40 |
You must not bully any person |
| Part 1 4(a) | 21 |
You must not disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature |
| Part 1 6(a) | 26 |
You must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage |
| Other | 8 |
|
| Part 1 3(2)(c) | 13 |
You must not intimidate or attempt to intimidate any person who is or is likely to be a complainant, witness, or involved in the administration of any investigation or proceedings |
| Part 1 6(b) | 22 |
You must, when using or authorising the use by others of the resources of your authority, act in accordance with your authority’s reasonable requirements, ensure that such resources are not used improperly for political purposes (including party political purposes); and have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986(15). |
| Part 1 3(2)(d) | 6 |
You must not do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority |
| Part 1 3(2)(a) | 3 |
You must not do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006 |
| Part 2 12(1)(c) | 4 |
Where you have a prejudicial interest in any business of your authority you must not seek improperly to influence a decision about that business |
| Part 3 13(1) | 7 |
You must register in your authority’s register of members’ interests (maintained under section 81(1) of the Local Government Act 2000) details of your personal interests where they fall within a category mentioned in paragraph 8(1)(a), by providing written notification to your authority’s monitoring officer. |
| Part 2 12(2) | 2 |
Where you have a prejudicial interest in any business of your authority, you may attend a meeting (including a meeting of the overview and scrutiny committee of your authority or of a sub-committee of such a committee) but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. |
| Part 1 6(c) | 4 |
You must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986(15). |
| Part 1 7(1) | 4 |
When reaching decisions on any matter you must have regard to any relevant advice provided to you by |
Case information & reporting
