Guide: Making a Complaint about a Devon County Councillor

Part 11

Generally

After applying the tests set out above, the actions that the Monitoring Officer may then decide upon, following consultation with an Independent Person, are:

  • that no further action, for reasons as set out, will be taken in relation to the complaint as is made.
  • that the subject member has breached the Code of Conduct for Members’  and what action, if any, will be taken as a result of the breach.
  • that, on the information provided, a potential breach of the Code of Conduct may have occurred and the matter be referred for investigation.
  • that, on the information provided, the subject member may have committed an offence under the Localism Act 2011 and the matter be referred for investigation.

All complaints and reviews will be considered on their merits and according to the facts.

These assessment criteria, which are subject to review by the County Council’s Standards Committee, will be used as guidance in the consideration and determination of complaints and reviews but the Monitoring Officer or other decision maker, which will be an Assessment Sub-Committee or the full Standards Committee when it is not the Monitoring Officer, are entitled to depart from these criteria when they consider it appropriate to do so.

It is recognised that while complaints may relate to the same aspect of the Code they may differ considerably in terms of the facts and how serious they are. There may be huge differences in the relevance and amount of detail regarding the complaint.  For these reasons these assessment criteria can only be a guide.