Local authorities need to ensure that their standards investigations into the actions of councillors are conducted ‘fairly and properly’, the Local Government and Social Care Ombudsman has said.
The warning comes after the Ombudsman was asked to look at the way Teignbridge District Council investigated the actions of a councillor, Cllr Daws, after the council alleged he had acted contrary to its Code of Conduct.
The Ombudsman found the investigation was not prompted by a formal written complaint, contrary to the law. The council also did not give the councillor enough information about his alleged breaches of its Code.
The council also introduced new allegations during the process, without making it clear to Cllr Daws whether these were part of the investigation, and accusations levelled at another councillor were conflated with Cllr Daws’ case.
The Ombudsman noted that Cllr Daws’ ‘legitimate concerns’ about the way the investigation was being carried out were ignored by the council, which also failed to consider the councillor’s enhanced right to free speech as an elected representative.
Michael King, Local Government and Social Care Ombudsman, said: ‘Local councillors have a key role in scrutinising their authorities’ actions, and have an enhanced right of free speech to ask what might at times appear to be uncomfortable questions. Councils need to bear this in mind when deciding what constitutes a breach of their Code of Conduct.
‘While both officers and members have a right to be treated with dignity and respect at work, and councils’ desire to do more to protect them from poor treatment is to be encouraged, they still need to carry out investigations into councillor standards fairly and properly.
‘I look forward to the council considering my report at a senior decision-making level and hope it accepts the recommendations I have made to improve its processes and procedures.’
A council spokesperson said: 'We are disappointed that the Ombudsman concluded that contrary to what they believed at the time, our staff did not follow the correct procedures in relation to complaints against Cllr Daws.
'We are already in the process of reviewing the constitution, including members’ conduct, our processes and record keeping and in the coming weeks we will review our current approach in the light of the Ombudsman’s findings and recommendations.
'We apologise to Cllr Daws for the failure in our procedures and the impact that had on him.
'We must continue to ensure that officers are respected and supported to offer a professional, impartial and valuable service and that members conduct themselves in accordance with the Nolan Principles enshrined in the Council’s Code of Conduct which all members have signed.'
