Councillor Complaints
A guide to making a complaint about a councillor of
either the District, Town or Parish Councils within the area of
Dover District
Councillors are elected by the
general public to represent the constituents of a Ward. Each
Council has its own Code of Conduct to which councillors must
adhere. Councillors should conduct themselves in a way that is
beyond reproach. However if you believe that a councillor has
breached the Code of Conduct this page explains how to make a
complaint and how your complaint will be dealt with.
The District Council takes all complaints
seriously and it is our experience that many complaints can be
resolved quickly and effectively on an informal basis. Our
complaints team would welcome the opportunity to help put things
right for you at an early stage without the need for a formal
complaint. To discuss you complaint further please contact:
Sue Carr, Professional Standards Officer, telephone (01304)
872322
How to make a complaint
If our complaints team cannot address the problem for you the
law gives you the right to make a formal complaint. To do this you
need to send your complaint in writing using the form below:
Please send the form marked confidential, to:
Chairman of the Initial Assessment Sub-Committee,
C/o The Professional Standards Officer,
Dover District Council,
White Cliffs Business Park,
Dover, Kent CT16 3PJ.
Please ensure that when submitting your complaint you provide
sufficient information for Dover District Standards Committee to
determine whether an investigation or other action is
warranted.
Who you can complain about
You can complain about elected councillors, or co-opted members
of all of the authorities within the Dover District listed below.
(A co-opted member is a voting member of a council or one of its
committees, who was appointed to their position rather than being
elected.)
The councils we cover are:
- Dover District Council
- Deal Town Council
- Dover Town Council
- Sandwich Town Council
- Alkham Parish Council
- Ash Parish Council
- Aylesham Parish Council
- Capel-le-Ferne Parish Council
- Denton-with-Wootton Parish Council
- Eastry Parish Council
- Eythorne Parish Council
- Goodnestone Parish Council
- Great Mongeham Parish Council
- Guston Parish Council
- Hougham Without Parish Council
- Langdon Parish Council
- Lydden Parish Council
- Nonington Parish Council
- Northbourne Parish Council
- Preston Parish Council
- Ringwould-with-Kingsdown Parish Council
- Ripple Parish Council
- River Parish Council
- St Margaret's-at-Cliffe Parish Council
- Shepherdswell-with-Coldred Parish Council
- Sholden Parish Council
- Staple Parish Council
- Stourmouth Parish Council
- Sutton-By-Dover Parish Council
- Temple Ewell Parish Council
- Tilmanstone Parish Council
- Walmer Parish Council
- Whitfield Parish Council
- Wingham Parish Council
- Woodnesborough Parish Council
- Worth Parish Council
We can only consider complaints about individual councillors or
members. We cannot consider complaints about the council as a whole
or about people employed by it.
ABOUT THE CODE OF
CONDUCT
Each council has adopted its own Code of
Conduct, based on a Model Code of Conduct approved by Parliament.
If you would like a copy of a particular council's Code of Conduct
please contact that council direct.
What you can complain about
You can complain about a councillor breaking any part of their
council's Code of Conduct. This includes:
- unlawfully discriminating against someone
- failing to treat people with respect
- bullying and intimidation
- doing something to prevent those who work for the council from
being impartial
- revealing information that was given to them in confidence, or
stopping someone getting information they are entitled to by
law
- damaging the reputation of their office or council
- using their position improperly, to their own or someone else's
advantage or disadvantage
- misusing the council's resources
- allowing the council's resources to be misused for the
activities of a political party
- failing to register financial or other interests
- failing to reveal a personal interest at a meeting
- taking part in a meeting or making a decision where the
councillor has an interest that is so significant that it is likely
to affect his or her judgment
- failing to register any gifts or hospitality they have received
in their role as a councillor, worth over £25
What we cannot investigate
An Act of Parliament has set out the types of behaviour that can
be investigated. There are some complaints that cannot be
investigated, including:
- complaints where a councillor is not named
- complaints that are not in writing
- acts carried out in a councillor's private life when they are
not carrying out the work of the council, except in circumstances
where the act has lead to a criminal conviction, and even then only
in relation to certain provisions of the Code of Conduct
- incidents or actions that are not covered by the Code of
Conduct
- incidents that are about a fault in the way the council has or
has not done something – this is something that may be dealt with
by a different complaint procedure
- complaints about people employed by local councils – this would
be dealt with by the employer
- incidents that happened before a councillor was elected
- incidents that happened either before the authority adopted its
local Code of Conduct or before 5 May 2002, whichever is
earlier
- complaints about the way in which the council conducts and
records its meetings.
Before you complain
Before you send us your complaint, you should be aware that we
are unlikely to be able to keep your identity confidential from the
person about which you are making the complaint.
In the interests of fairness and natural justice, we believe
councillors who are complained about have a right to know who has
made the complaint. We also believe they have a right to be
provided with a summary of the complaint.
Details of the complaint will be given to:
- the Monitoring Officer of Dover District Council and his staff
in order to handle the matter
- Members of the Standards Committee
- the councillor(s) you are complaining about
- the parish or town clerk (if applicable)
We will tell them your name and give them a summary of your
complaint. We will give them full details of your complaint where
necessary or appropriate to be able to deal with it. If you have
serious concerns about your name and a summary, or details of your
complaint being released, please complete Section 5 of the
complaint form.
We are unlikely to withhold your identity or the details of your
complaint unless you have good reason to believe that:
- It would pose a risk to your physical or mental well-being
- The councillor subject to the allegation could put undue
pressure upon you or bully you
Details in support of your request to withhold your identity
will be required for consideration by the Initial Assessment
Sub-Committee of the Standards Committee. Please note that requests
for confidentiality or requests for suppression of complaint
details will not automatically be granted. The Initial Assessment
Sub-Committee will consider the request alongside the substance of
your complaint. We will then contact you with the decision. If your
request for confidentiality is not granted, we will usually allow
you the option of withdrawing your complaint.
However, it is important to understand that in certain
exceptional circumstances where the matter complained about is very
serious, we can proceed with an investigation or other action and
disclose your name even if you have expressly asked us not to.
What happens to your complaint?
When we receive your complaint, we will write to you to let you
know that we have received it. Your complaint will then be referred
to the Initial Assessment Sub-Committee of the Standards Committee.
The Initial Assessment Sub-Committee will decide either to:
- Take no action in respect of the complaint
- Refer the complaint for local investigation
- Refer the complaint to the Standards Board for England
- Take other action
In assessing your complaint the Initial Assessment Sub-Committee
will use the following principles and criteria:
Principles
- All complaints against members are taken seriously.
- The investigation of a complaint will cost public money, and
officer and the Standards Committee ' s time.
- The Standards Committee must ensure that there is a clear
public benefit before recommending the investigation of a
complaint.
- All complaints will be treated in a fair and balanced
manner.
- The member subject to the complaint must be a member of the
district, town or parish council within Dover District.
- Complaints relating to acts carried out in a member's private
life when not carrying out their councillor role will not usually
be investigated.
Criteria
- Sufficient information is available to enable the Initial
Assessment Sub-Committee to determine whether a potential breach of
the Code has occurred.
- It is serious enough, if proven to justify the range of
sanctions available to the local Standards Committee or the
Adjudication Panel for England.
- It is part of a continuing pattern of less serious misconduct
that is unreasonably disrupting the business of the district, town
or parish council and there is no other avenue left to deal with
the matter, other than by investigation.
- The complaint or a substantially similar complaint has not
already been the subject of an investigation or other action
relating to the Code of Conduct by Dover District Standards
Committee or another regulatory authority.
- The complaint is timely, relating to a recent event and the
necessary evidence can realistically be gathered.
- The complaint has substance and warrants further action.
- The complaint is not malicious or politically motivated. (If it
is malicious or politically motivated it is unlikely to be
investigated unless it also raises serious conduct matters.)
- Anonymous complaints include documentary or photographic
evidence indicating an exceptionally serious or significant
matter.
You will be kept advised as to decisions taken and progress on
your complaint.
The Investigation
If the Initial Assessment Sub-Committee refers your complaint
for local or Standard Board for England investigation you will have
an opportunity to provide the investigator with any further
detailed information or documents that you consider to be relevant,
so therefore please avoid sending us large amounts of background
information with your complaint.
At the end of an investigation the complaint will be referred to
either Dover District Standards Committee or the Adjudication Panel
for England.
A STANDARDS COMMITTEE is
a panel made up of councillors of the District and Town and Parish
Councils and at least three people who are independent of it. They
are intended to be above party politics. They can decide if there
has been a breach of the Code, and if so what penalty to impose.
The Standards Committee can suspend a councillor for up to six
months.
THE ADJUDICATION PANEL FOR
ENGLAND is an independent tribunal that can decide if
there is a breach of the Code and if so what sanctions to apply. It
has the power to suspend a councillor from a council or particular
activities for up to one year, or disqualify them from holding
office for up to five years. It is not able to award damages or
compensation.
Additional Help
Complaints must be submitted in writing. This includes fax and
electronic submissions. However, in line with the requirements of
the Disability Discrimination Act 2000, we can make reasonable
adjustments to assist you if you have a disability that prevents
you from making your complaint in writing.
We can also help if English is not your first language. However,
we recommend that you always try to find a friend or relative who
can speak or read English to help you with your enquiry initially.
This will help both you and us to deal with your needs more
effectively.
If you need advice or any support in completing this form,
please contact Sue Carr, Professional Standards Officer, telephone
(01304) 872322 as soon as possible or contact your local Citizens
Advice Bureau, Law Centre or other advice centre.
Contact Democratic Services
Tel: 01304 872304
E-mail: democraticservices@dover.gov.uk
