How to make a complaint about the conduct of a Councillor
This page sets out the process for making a complaint that a councillor has breached the code of conduct. The process also applies to any co-opted member of a council committee (for instance some people sit on some of the council's Overview and Scrutiny Committees who represent particular interest groups such as parent governor representatives).
It also applies if you have a complaint about the conduct of any of the independent members of the Standards Committee. However, please note that, if the Standards Committee considers itself to conflicted out of making an assessment or decision for any reason, it retains the power to refer a complaint to the Standards Board for England.
If your complaint is about anything other than the conduct of a councillor or other type of member (including complaints about staff conduct) then please refer to the council's complaints procedure.
Complaints about the conduct or behaviour of councillors and other members must specifically be that they have breached the members' code of conduct.
Making a complaint
Complaints must be submitted in writing, which includes fax and e-mail submissions as well as posted letters. There is a prepared form and guidance notes available to make this easier. Please download the pdf, complete the form and submit it.
Complaints should be addressed to the Monitoring Officer and sent care of the Governance Manager whose contact details are on this page and on the allegation form. You must include the following information when making a complaint:
- your name and address
- your e-mail address and/or telephone number
- whether you are complaining as a member of the public, as a fellow Councillor, or as an officer of the council
- who the complaint is about
- what part of the code of conduct you believe has been breached
- details of the alleged misconduct (including dates, witness details etc).
Please note if you make a complaint, your identity will normally be disclosed to the councillor who is the subject of your complaint. If you do not wish this to happen, please contact the Governance Manager to discuss whether your case meets relevant criteria where the Standards Committee can exercise its discretion to enable you to maintain anonymity.
If you would find it difficult to make a complaint in writing - for instance if you have a physical disability that prevents this, or, English is not your first language, or, you are a child - then please contact the Governance Manager (or ask someone to on your behalf) to discuss options.
What happens next?
This Local Regulation Process Diagram 
(PDF 32KB) provides a visual representation what happens to a complaint about member conduct.
Receipt of complaint
When your complaint is received, it will be acknowledged within five working days and further details may be sought.
Assessment
A meeting of a Standards Sub-committee will called to assess the allegation that you have made. This meeting will take place within 20 working days of your complaint being received and will take place in private, not in public. The Standards Sub-committee will assess whether action needs to be taken in respect of the allegation against criteria recommended by the Standards Board for England, including whether to do so would be an appropriate use of public money.
You will be notified as soon as possible of the decision of this committee. The decision may be to refer the matter for investigation or it maybe to take no further action.
Appeal
If the decision is to take no further action you will be advised of the reasons for this and given the opportunity to appeal against this decision. The allegation may be reviewed once by a different Standards Sub-committee in the case of an appeal.
Investigation
If the complaint is referred for investigation, this will normally conducted by council officers, or an outside person appointed for this purpose, but may in certain circumstances be referred to the Standards Board for England. You will be kept informed of progress and are likely to be interviewed and asked to provide any supporting evidence as part of the investigation.
Hearing
Once the investigation is complete, a meeting of a Standards Sub-committee will be convened to hear the case. This meeting will take place in public and the normal rules of Council committees will apply. The Sub-committee will hear the evidence and ask any questions of the complainant, the subject Councillor or other witnesses.
The Sub-committee will then come to a decision as to whether or not there has been a breach of the Code of Conduct. If it determines that there has been a breach then it can determine that no further action be taken, or apply one of the following sanctions:
- censure (an official reprimand)
- restriction of access to the council's premises for up to six months
- partial suspension for up to six months
- suspension for up to six months
- order an apology from the councillor
- order that the councillor undertake training
- order a process of conciliation or mediation.
It may order a combination of these; for example, a partial suspension for up to six months or until the councillor has undertaken specified training.
If the Standards Sub-committee determines that the breach is so serious that it warrants a more severe sanction than those available to it then it may refer the case to the Adjudication Panel for England who have the power to apply sanctions up to a five year disqualification.
The person who submitted the complaint will be issued with a formal written notification of the decisions of the sub-committee, including any sanction applied.
Further Information
For further information on any aspect of making a complaint about the conduct or behaviour of any Barnet councillor or other member covered by the code of conduct, including an informal discussion prior to making a complaint, please use the contact details in the menu on the left.
