Standards

Local government standards in England – Briefing Paper Number 05707, 27 June 2016
emphasis in 1. added by MD

2.1 Drawing up codes of conduct Section 27 of the Localism Act 2011 requires relevant authorities to promote and maintain high standards of conduct by members and co-opted members of the authority. Each local authority must publish a code of conduct, and it must cover the registration of pecuniary interests, the role of an ‘independent person’ to investigate alleged breaches, and sanctions to be imposed on any councillors who breach the code.

However:

  1. These legislative changes apply to codes of conduct for councillors, not to those for local authority staff. There has never been a statutory code covering the conduct of local authority staff in England. The Local Government Act 2000 contained a power to introduce one, but this power was repealed by the Localism Act 2011 , so one cannot now be introduced in England. Local authorities are free to decide to institute a code of conduct for their own staff: alternatively, staff employment contracts may contain requirements regarding their conduct.
  2. There is no national code of conduct for local authority staff in England, though many councils operate their own codes of conduct for staff.
  3. If either a complainant, or the councillor against whom a complaint has been made, is unhappy with the way in which the local authority resolves the complaint, there is no higher authority to which they may appeal. Neither the Local Government Ombudsman nor the Department for Communities and Local Government has a role in respect of councillors’ conduct or registration of pecuniary interests.