Question

Can the Parish Clerk begin an investigation into breaches of code of conduct at a Parish Council Meeting?

Answer 1

I think the short answer is a simple no.

My understanding is that CoC complaints must be passed onto your principle council, this is normally your borough council, and then dealt with initially by their monitoring officer. If you check your borough councils website you will hopefully find a policy about complaints against parish councillors.

Parish clerks or anyone involved in the parish council are not involved in investigating CoC complaints. The investigation of CoC complaints in undertaken by officers of your principle council.

If your clerk is actively investigating CoC complaints that have been made against a councillor I would suggest the council gets advice on your clerks conduct!

Comments

Thankyou. Re clerk's conduct. The complaints are from HIM!. We are dealing with sociopathic tendencies and delusions of grandeur. He is very devious and manipulative but we are patient and on a major learning curve.....AGAIN!

Answer 2

Also, bear in mind that the new regime is pretty toothless.  The principal authority cannot impose any sanctions on councillors, other than naming and shaming.

The 2011 Act also makes it clear that a council decision is not invalidated because something that occurred in the process of making the decision involved a failure to comply with the Code.