2. 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

3. Local determinations

4. Framework  Part III Local Government Act 2000 (as amended).  Standards Committee (England) Regulations 2008.  Standards Board Guidance – Standards Committee Determinations.

5. 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?

6. 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.

7. 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

8. 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

9. The hearing 1/3  independent chair  parish representative – if case concerns parish member  natural justice – procedural fairness and absence of bias

10. The hearing 2/3  representatives  evidence witnesses cross examination  legal advice – monitoring officer/other

11. The hearing 3/3  findings of fact  was there a breach of the code  sanction  recommendations to the authority

12. 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.

13. 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

14. Setting sanctions

15. Mitigating circumstances  mistake  previous good record and compliance since  actions affected by ill-health  recognition of failure  apology  rectification  beneficial effect for the public

16. Aggravating circumstances  dishonesty  continuing denial in the face of evidence  unfairly blaming others  ignoring advice  previous breaches  persistent behaviour

17. Exercises

18. Adjudication Panel hearings

19. 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

20. 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

21. Pre-hearing  member has 30 days to respond to referral  investigating officer has 14 days to respond  listing direction

22. The hearing 3 stage process:  findings of fact  was there a breach of the code  sanction Then recommendations to the authority, if any.

23. 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