• Practical advice on managing conflicts • Breaches of the Code of Conduct • What to do when a breach occurs

1. Managing Conflicts and
Code of Conduct Breaches
Fiona Anthony
Practice and Professional Development Manager, nplaw

3. P…p…p…p…

4. Persuasion

5. Peer Pressure

6. Political Parties

7. Procedures

8. Current Standards Regime

9. Localism Act 2011

10. 7 Principles of Public Life

12. Common Issues
• Failure to declare an interest
• Bullying
• Not treating with respect
• Behaviour likely to bring the authority/office into disrepute
• Social Media posts
• Breach of confidentiality
• Disruptive behaviour

13. Formal Complaints
Principal LAs must have
mechanisms to investigate
allegations of breach of Code
and arrangements for decision-
making

14. Complaints involving Clerk
CSPL Best practice 11:
Formal standards complaints about the
conduct of a parish councillor towards a
clerk should be made by the chair or by the
parish council, rather than the clerk in all
but exceptional circumstances.

15. Investigations and Safeguards
Principal authorities are responsible
for undertaking formal investigations
of code breaches by parish councillors

16. LGA Guidance

17. Complaints – what happens?
• Complaint may not fall within
the code of conduct
= MO will let complainant know
that no action will be taken
• MO may consider alternative
solutions
e.g ask subject member to
apologise or explain their position
to the complainant

18. Fair Procedure
• Complaints to be investigated and precise
allegations identified
• Evidence to be clearly identified and
disclosed
• Accused given opportunity to respond to
the investigatory process
• The response to the complaint should
demonstrably engage with the concept of
proportionality

19. Complying with the
Code of Conduct
As a Councillor:
8.1 I undertake Code of Conduct
training provided by my local
authority.
8.2 I cooperate with any Code of
Conduct investigation and/or
determination.

20. Complying with the
Code of Conduct
8.3 I do not intimidate or attempt to
intimidate any person who is likely to be
involved with the administration of any
investigation or proceedings.
8.4 I comply with any sanction imposed on
me following a finding that I have breached
the Code of Conduct.

21. Investigation Report
• Report will contain recommendations as
to whether code was breached
• If the conclusion is no breach, the
matter is likely to end there
• Even if there is a breach, MO may
resolve without a hearing (e.g. apology)
• If the investigator thinks a hearing is
necessary, the matter will be referred
(alternative resolution may be
appropriate in some cases)

22. Independent Persons

23. Is there a Breach?
Does the Code apply to the actions
complained of- i.e. was the member
acting as a member at the time?
Is the behaviour complained of covered
by the Code?
Consider Article Ten ECHR- does this
give the member enhanced protection?

24. Is there a Breach?
Does the Code apply to the
actions complained of - i.e.
was the member acting as a
member at the time?

25. When does the Code apply?

26. Code applies to all types of
communication

27. Social Media Guidance

28. Is there a Breach?
Is the behaviour complained of
covered by the Code?

31. Is there a Breach?
Consider Article Ten ECHR -
does this give the member
enhanced protection?

33. Castells v Spain (1992)
14 EHRR 445
“While freedom of expression is important for
everyone, it is especially so for an elected
representative of the people. He represents his
electorate, draws attention to their
preoccupations and defends their interests.”

34. Castells v Spain (1992)
14 EHRR 445
“…freedom of expression…constitutes one of the
most essential foundations of a democratic
society and one of the basic conditions for its
progress. … it is applicable not only to
'information' or 'ideas' that are favourably
received or regarded as inoffensive or as a
matter of indifference, but also to those that
offend, shock or disturb. Such are the demands
of that pluralism, tolerance and broadmindedness
without which there is no 'democratic society’.”

35. Heesom v
Public Services Ombudsman for Wales [2014]
EWHC 1504 (Admin)
“Article 10 protects not only the substance of what is
said, but also the form in which it is conveyed.
Therefore, in the political context, a degree of the
immoderate, offensive, shocking, disturbing,
exaggerated, provocative, polemical, colourful,
emotive, non-rational and aggressive, that would
not be acceptable outside that context, is tolerated.”

36. Heesom v
Public Services Ombudsman for Wales [2014]
EWHC 1504 (Admin)
“…politicians are subject to “wider limits of acceptable criticism”. They
are expected and required to have thicker skins and have more
tolerance to comment than ordinary citizens.”

37. R (on the application of Robinson) v
Buckinghamshire Council [2021]
EWHC 2014 (Admin)

38. Sanctions
•Councillors cannot be suspended
•Sanctions may include
•censure
•apology
•training,
•removal from committee responsibilities
•exceptionally, the withdrawal of access
to facilities and resources

39. Civility and Respect Project

40. Debate not Hate - LGA

42. Thank you!
Please feel free to contact me:
Fiona Anthony
fiona.anthony@norfolk.go.uk 01603 222235
Visit our website: www.nplaw.co.uk
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