Presentation on theme: "Delivering local determinations and setting sanctions Speakers: Simon Bird Deputy President The Adjudication Panel for England Mark Jones Principal Legal."— Presentation transcript:
Framework Part III Local Government Act 2000 (as amended). Standards Committee (England) Regulations 2008. Standards Board Guidance – Standards Committee Determinations.
Introduction From report of monitoring officer/ethical standards officer onwards. Monitoring officer reports – failure/no failure. No failure – agree/disagree. Either way – Adjudication Panel or standards committee?
Timescales Within 3 months of monitoring officer completing report or receiving it from ethical standards officer. At least 14 days after member receives report – unless member agrees to a shorter period. Aim to deal with hearing in one sitting.
Pre-hearing purpose identify disputed facts and their relevance identify evidence to be heard private v public – hearing and documentation in writing unless meeting necessary monitoring officer/officer to deal confirm decisions at hearing
Pre-hearing process ask member to identify disputed facts & reasons for dispute ask monitoring officer/ethical standards officer to respond – 14 days parties to provide outline of witness evidence. monitoring officer/officer to provide pre-hearing summary model forms in toolkit www.standardsboard.gov.uk/determinations
The hearing 1/3 independent chair parish representative – if case concerns parish member natural justice – procedural fairness and absence of bias
The hearing 3/3 findings of fact was there a breach of the code sanction recommendations to the authority
Notification Decision and reasons to: member the Standards Board standards committee of any other authority concerned parish council concerned complainant Summary in local newspaper/web page/other publication unless no breach found and member does not want it.
Appeals to Adjudication Panel within 21 days of receiving decision can apply for suspension of sanction Adjudication Panel can allow appeal, confirm decision and substitute sanction of their own appeal from Adjudication Panel is to the High Court
Referral to Adjudication Panel for determination takes place after receipt of report from monitoring officer President or Deputy must agree will indicate if minded to agree before committee meets
Referral to Adjudication Panel for determination Criteria for referral: suspension for more than 6 months disqualification NOT how likely the case is to be proved Case tribunal procedures for matters referred from a standards committee
Pre-hearing member has 30 days to respond to referral investigating officer has 14 days to respond listing direction
The hearing 3 stage process: findings of fact was there a breach of the code sanction Then recommendations to the authority, if any.
Delivering local determinations and setting sanctions Speakers: Simon Bird Deputy President The Adjudication Panel for England Mark Jones Principal Legal Adviser The Standards Board for England