Agenda and draft minutes

Standards and Ethics Committee - Thursday 16 January 2025 2.00 p.m.

Venue: Town Hall, The Crofts, Moorgate Street, Rotherham. S60 2TH

Contact: Debbie Pons, Governance Advisor  Email: debbie.pons@rotherham.gov.uk

Items
No. Item

14.

Declarations of Interest

 

To receive declarations of interest from Members in respect of items listed on the agenda.

Minutes:

There were no declarations of interest.

15.

Exclusion of Press and Public

 

To consider whether the press and public should be excluded from the meeting during consideration of any part of the agenda.

 

Under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for Agenda Items 6 and 7 (Consideration of Whistleblowing Policy and Complaints) on the grounds that their appendices involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

Minutes:

Resolved:-  That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for (Minute Nos. 19 and 20 (Whistleblowing and Complaints) on the grounds that the appendices to those reports involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

16.

Minutes of the previous meeting held on 12th September, 2024 pdf icon PDF 87 KB

 

To consider and approve the minutes of the previous meeting held on 12th September, 2024 as a true and correct record of the proceedings and signed by the Chair.

Minutes:

Resolved:-  That the minutes of the previous meeting held on 12th September, 2024 were approved as a true and correct record of the proceedings and signed by the Chair, subject to the inclusion of apologies for Councillor Jackson and Mrs. M. Carroll.

17.

Consideration of Granting of a Dispensation relating to Housing Matters pdf icon PDF 99 KB

 

To consider the granting of dispensations to enable Members of the Council who have Council tenancies to participate and vote on Council business related to Housing. 

Minutes:

Consideration was given to the report presented by the Deputy Monitoring Officer which set out in detail the granting of dispensations to enable Members of the Council who have Council tenancies to participate and vote on Council business related to Housing.

 

The Localism Act and the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 introduced “Disclosable Pecuniary Interests” and new rules on the grant of dispensations to allow Council Members to take part in decisions or vote on matters in which they have a Disclosable Pecuniary interest (“DPI”). The grounds for the grant of a dispensation under Section 33(2) of the Localism Act were, if, after having regard to all relevant circumstances, the Council considers the five grounds set out in detail as part of the report.

 

In order to obtain a dispensation on any of the five grounds set out under Section 33 of the Localism Act, a Member must make a written request to the Council’s Monitoring Officer. Any grant of a dispensation must specify how long it lasts for, up to a maximum period of four years.

 

A discussion ensued that highlighted the dispensation could last for a period of four years. The proposal was seeking to widen the democratic process which would give every councillor the ability to speak within the debate.

 

Resolved:- That for any Members of the Council who are tenants of Rotherham Borough Council to be granted a dispensation pursuant to Section 33(2) (e) of the Localism Act to allow them to participate and to vote on matters in relation to housing (provided that those functions do not relate particularly to the tenancy or lease of the Council Member concerned). Such requests should be submitted in writing to the Monitoring Officer.

18.

Proposed Amendments to the Whistleblowing Policy pdf icon PDF 141 KB

 

To consider and agree proposed minor amendments to the Whistleblowing Policy following a review.

Additional documents:

Minutes:

Consideration was given to the report presented by the Deputy Monitoring Officer which set out proposed minor amendments to the Whistleblowing Policy following a review of the Policy. 

 

Oversight of the Whistleblowing Policy fell within the remit of the Standards and Ethics Committee and in accordance with good practice, the Whistleblowing Policy was kept under periodic review.

 

Following the latest review of the Whistleblowing Policy, a small number of minor “administrative” amendments were suggested which included a name change for the Head of Internal Audit and the inclusion of an additional name as a Whistleblowing Officer for the Assistant Director of Human Resources.

 

Resolved:-  (1)   That the proposed amendments to the Whistleblowing Policy be approved.

 

(2)  That subject to (1) above the Committee approve the Whistleblowing Policy at Appendix 1.

19.

A Review of Concerns Raised Pursuant to the Whistleblowing Policy pdf icon PDF 137 KB

 

To give consideration to a report regarding concerns raised pursuant to the Whistleblowing Policy and the actions taken to address these matters.

Additional documents:

Minutes:

Consideration was given to the report and appendix presented by the Deputy Monitoring Officer, which provided an overview of the Whistleblowing cases received over the past year.

 

Particular reference was made to the appendix to the report which set out clearly the description of the concerns received and action taken.

 

Resolved:-   That the Whistleblowing concerns raised over the previous year and the actions taken to address these matters be noted.

20.

Review of Complaints pdf icon PDF 91 KB

 

To give consideration to a report updating the Committee on the Complaints received against Members of the Council, and Town and Parish Councillors alleging a breach of the Code of Conduct.

Additional documents:

Minutes:

Consideration was given to the report presented by the Deputy Monitoring Officer, detailing the progress with the handling of complaints relating to breaches of the Council’s Code of Conduct for Members and Town and Parish Councillors.  The report listed the current cases of complaint and the action being taken in respect of each one.

 

Reference was made to each related case and recommended outcomes/actions identified were highlighted.

 

Resolved:-  That the report be received and the contents noted.

21.

Consultation on Strengthening the Standards and Conduct Framework for Local Authorities in England pdf icon PDF 142 KB

 

To consider and contribute to the Government Consultation on strengthening the Standards and Conduct Framework for Local Authorities in England.

Additional documents:

Minutes:

Consideration was given to a report presented by the Service Manager which asked for the Committee to contribute its views to the Government Consultation on strengthening the standards and conduct framework for local authorities in England.

 

The Government consultation related to ways of strengthening the standards and conduct framework, which may include a mandatory minimum prescribed Code of Conduct, the necessity for an authority to have a Standards Committee, publication of investigation outcomes and the empowerment of individuals affected by Councillor conduct to come forward.

 

Further matters related to the possible introduction of the power of suspension along with any associated safeguards necessary. The length of any possible suspension was also considered within the consultation, along with withholding allowances, premises and facilities bans, interim suspension, disqualification for multiple breaches and gross misconduct and whether any appeals process is necessary.

 

On this basis the Committee considered each of the forty questions in turn, debated and gave their view to allow the Monitoring Officer to submit a consultation response on behalf of the Committee.

 

The answers to the questions set out in the consultation on Strengthening the Standards and Conduct Framework for Local Authorities in England at Appendix 1 be as follows:-

 

Question               Response

 

1                                        District or Borough Council

2                                        Yes

3                                        Yes    

4                                        Yes

5                                        Yes

6                                        Yes

7                                        Yes

8                                        Unsure

9                                        No

10                                    Nothing to add

11                                    No

12                                    No

13                                    And 13a Number to be inserted

14                                    Number to be inserted

15                                    For an individual

16                                    For an individual

17                                    For an individual

18                                    Yes

19                                    Yes

20                                    Yes

21                                    Yes

22                                    Infrequently

23                                    Yes

24                                    Yes

25                                    Yes

26                                    Yes

27                                    Yes

28                                    Yes

29                                    Yes

30                                    Yes and 30a to review monthly

31                                    Yes

32                                    Yes

33                                    Yes

34                                    Yes, but with a timeframe of fourteen days

35                                    No

36                                    No

37                                    N/A

38                                    No

39                                    No

40                                    Neither

Resolved:-  That the responses to the questions as part of the Government consultation in respect of strengthening the standards and conduct framework for local authorities be forwarded to allow the Monitoring Officer to submit a consultation response on behalf of the Committee.

22.

Urgent Business

 

To determine any item which the Chair is of the opinion should be considered as a matter of urgency.

Minutes:

The Chair advised that there were no urgent items of business requiring the Committee’s consideration.