Standards, conduct and probity

Designed to maintain public confidence in the integrity of local government, there are few areas of local government law which have created as much debate, resentment and ill-feeling in recent years as the standards regime. Treading an uneasy line between permitting legitimate political and representation activity while reassuring the public who are exposed to constant allegations of ‘sleaze’ and self-interested politicians, the Codes of Conduct are documents designed to strike the appropriate  balance. However, like any other such document which has to be applied to numerous different facts and situations, it is capable of being interpreted in different ways and the increasing body of case-law growing up around it adds further complication and refinement.

The issues covered by the Code are diverse, and there has been much activity relating to member officer relations, the ability to participate in decision making, and the distinction between predetermination and predisposition. We have been extensively involved in advising and representing in relation to both the English and Welsh Codes.

We act for all those involved on the process, whether the Standards Board, standards committees, elected members, monitoring officers, and members of the public who wish to complain about the activities of members. Thus we provide representation in court, at Adjudication Panels or standards committees, or by advising standards committees where it is not appropriate for the monitoring officer to do so. However, preventing breaches and disruptive investigations is essential, and so members of the team are also heavily involved in advising members, officers and the public in order to ensure compliance with the Codes. 

This also extends to providing training for elected members and standards committees, designed to meet the particular requirements of each authority.

Whatever the future of the present standards regime under the new Government, the team will be able to assist in understanding and operating the controls over the conduct of elected members and officers. 

To view a list of our members who specialise in this area, please click on the drop down menu to the left.