Our Policies
When You Contact Us
The information you provide (personal information such as name, address, email address, phone number, organisation) will be processed and stored so that it is possible to contact you and respond to your correspondence, provide information and/or access our facilities and services. Your personal information will not be shared or provided to any third party.
The Councils Right to Process Information
GDPR (Data Protection Regulations) Article 6 (1) (a) (b) and (e)
Processing is with consent of the data subject;
or
Processing is necessary for compliance with a legal obligation;
or
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Information Security
Leiston-cum-Sizewell Town Council cares to ensure the security of personal data. We make sure that your information is protected from unauthorised access, loss, manipulation, falsification, destruction or unauthorised disclosure. This is done through appropriate technical measures and appropriate policies.
We will only keep your data for the purpose it was collected for and only for as long as is necessary. After which it will be deleted.
Children
We will not process any data relating to a child (under 13) without the express parental/ guardian consent of the child concerned.
Access to Information
You have the right to request access to the information we hold on you. You can do this by contacting the Town Clerk via email: townclerk@leistontowncouncil.gov.uk or telephone: (01728) 830388.
Information Correction
If you believe that the information we hold about you is incorrect, you may contact us so that we can update it and keep your data accurate. Please contact the Town Clerk via email: townclerk@leistontowncouncil.gov.uk or telephone: (01728) 830388.
Information Deletion
If you wish Leiston-cum-Sizewell Town Council to delete the information about you please contact the Town Clerk via email: townclerk@leistontowncouncil.gov.uk or telephone: (01728) 830388.
Right to Object
If you believe that your data is not being processed for the purpose it has been collected for, you may object. Please contact the Town Clerk, email: townclerk@leistontowncouncil.gov.uk or telephone: (01728) 830388.
Rights Related to Automated Decision Making and Profiling
Leiston-cum-Sizewell Town Council does not use automated decision making or profiling of individual personal data.
To Sum Up
In accordance with the law, we only collect a limited amount of information about you that is necessary for correspondence, information and service provision. We do not use profiling, we do not sell or pass your data to third parties. We do not use your data for purposes other than those specified. We make sure your data is stored securely. We delete all information deemed to be no longer necessary. We constantly review our Privacy Policies to keep it up to date in protecting your data.
Complaints
If you have a complaint regarding the way your personal data has been processed you may make a complaint to the Town Clerk at Leiston-cum-Sizewell Town Council, via email: townclerk@leistontowncouncil.gov.uk or telephone: (01728) 830388. You can also contact the Information Commissioners Office casework@ico.org.uk or telephone: 0303 123 1113
Members of Leiston-cum-Sizewell Town Council are obliged to register any pecuniary or non pecuniary interest they may have in the town and its business and to declare those interests when appropriate at Council meetings (i.e. when it could be deemed inappropriate for a Councillor to comment on a subject by virtue of his own personal interest in it).
These interests are open for inspection on the District Councils website but a link is included here for convenience.
Register of Interests. To access the Register of Interests. Select Leiston in the drop down menu for Parishes and then select the name of the Councillor you wish to view. For District Councillors, select East Suffolk Council in the drop down list.
This website is run by Leiston-cum-Sizewell Town Council, we want as many people as possible to use this website. In order for this to happen we have put into place some key features, listed below:
- We have added a fully accessible web page with all the content of this website in text form.
- A screen reader should be able to access all the information easily for text navigation bookmarks available at the top of the page.
- This website allows for zoom of up to 300% without the text spilling off the screen.
- The ability to navigate all of the accessible content using just a keyboard.
We have also made the website text as simply as possible to understand. AbilityNet has advice on making your device easier to use if you have a disability – go to https://mcmo.abilitynet.org.uk/
How accessible this website is.
We know some parts of this website are not full accessible and as such we have made all content available on the Website Accessibility Page.
What to do if you cannot access parts of this website.
If you need any information on this website in a different format, like accessible PDF, Large Print, Easy Read, Audio Recording or Braille, then please contact the Town Clerk:
- Email: townclerk@leistontowncouncil.gov.uk.
- Call on 01728 830388
We’ll consider your request and get back to you within 10 working days.
Reporting accessibility problems with this website.
We are always looking to improve the accessibility of this website, if you find any problems or think we are not meeting the accessibility requirements please contact the Town Clerk on (01728 830388) or email: townclerk@leistontowncouncil.gov.uk.
Enforcement procedure.
The Equality and Human Rights Commission (EHRC) is responsible for enforcing the Public Sector Bodies (Websites and Mobile Applications) (No.2) Accessibility Regulations 2018 (the ‘accessibility regulations’). If you’re not happy with how we respond to your complaint, Contact the Equality Advisory and Support Service (EASS).
Contacting us by phone or visiting in person.
Our offices have audio induction loops, or if you contact us before your visit we can arrange a British Sign Language (BSL) interpreter.
Find out how to contact us – https://www.leistontowncouncil.gov.uk/contact-us/
Technical Information about this website’s accessibility.
Leiston-cum-Sizewell Town Council is committed to making its website accessible, in accordance with Public Sector Bodies (Websites and Mobile Applications) (No.2) Accessibility Regulations 2018.
This website is partially compliant with the Web Content Accessibility Guidelines version 2.1 AA standard, due to the non-compliance listed below.
Non accessible content.
The content listed below is non-accessible for the following reasons:
- Navigation and accessing information.
- interactive tools and transactions.
No compliance with the accessibility regulations.
Some images do not have a text alternative, so people using a screen reader cannot access information. This fails WCAG 2.1 success criterion 1.1.1 (non-text content).
We plan to add text alternatives for all images by September 2021. When we publish new content we’ll make sure our use of images meets accessibility standards.
Navigation and accessing information.
There’s no way to skip the repeated content in the page header (for example, a ‘skip to main content’ option). this fails WCAG 2.1 success criterion 2.4.1 (bypass blocks).
It’s not always possible to change the device orientation from horizontal to vertical without making it difficult to view the content. This fails WCAG 2.1 success criterion 1.3.4 (orientation).
It’s not always possible for users to change text size without some of the content overlapping. this fails WCAG 2.1 success criterion 1.4.4 (resize text).
Interactive tools and transactions
Some of our interactive forms are difficult to navigate using a keyboard. For example, because some form controls are missing a ‘label’ tag.
Our forms are built and hosted through third party software and ‘skinned’ to look like our website. This fails WCAG 2.1 success criterion 1.3.1 (information and relationships).
We’ve assessed the cost of fixing the issues with navigation and accessing information, and with interactive tools and transactions. We believe that doing so now would be a disproportionate burden within the meaning of the accessibility regulations. We will make another assessment when the supplier contract is up for renewal.
Content that’s not within the scope of the accessibility regulations.
PDF’s and other documents.
Many of our older PDFs and Word documents do not meet accessibility standard – for example, they may not be structured so they’re accessible to a screen reader. This does not meet WCAG 2.1 success criterion 4.1.2 (name,role value).
Some of our PDFs and Word documents are essential to providing our services. For example, we have some PDFs with information on how users can access our services, and forms published as Word documents. By September 2021, we plan to either fix these or replace them with accessible HTML pages.
The accessibility regulations do not require us to fix PDFs or other documents published before 23 September 2018 if they’re not essential to providing our services.
Any new PDFs or Word documents we publish will meet accessibility standards.
Live Video.
There is currently no live video on this website.
How we tested this website:
The website was lasted tested on 4th September 2020. The test was carried out by ourselves.
We used this approach to decide on a sample of pages to test with static content, links and pictures.
We tested:
- Our main website plate form, available at http://www.leistontowncouncil.gov.uk
What we’re doing to improve accessibility.
This statement was prepared on 4th September 2020.
- Model Publication
- Code of Conduct
- Code of Conduct Appendix A
- Code of Conduct Appendix B
- Code of Conduct Appendix C
Adoption of the Model Publication Scheme
Leiston-cum-Sizewell Town Council has adopted the Model Publication Scheme produced in accordance with section 20 of the Freedom of Information Act 2000 and will publish information in accordance with that scheme.
Publication Scheme
Who are we and what do we do…
Leiston-cum-Sizewell Town Council serves a population of approximately 6,000 people, is made up of 15 elected members and employs 3 office staff and 15 cinema staff. The Council owns, operates and administers Victory Road Recreation Ground, King Georges Recreation Ground, Haylings Pond, Leiston Film Theatre, Leiston Community Centre. It also administers the Waterloo Centre and allotments in Valley Road and Haylings Road. The Council operates from an office in the Council Chambers in Main Street, Leiston and meets monthly on the first Tuesday of each month at 7.30pm in the Community Centre, King Georges Avenue. At each meeting there is always a public session where residents can ask questions of their Town Councillors. The County Councillor and District Councillors are also generally in attendance at these sessions to answer residents’ questions or to hear their concerns.
Our contact details are as follows:
Telephone: 01728 830388
E-mail: townclerk@leistontowncouncil.gov.uk
Website: www.leistontowncouncil.gov.uk
Councillors: Contact details are on the website, in the quarterly newsletter or available through the Clerk.
Town Clerk: Ms Helen Greengrass
Responsible Financial Officer: Mrs Hannah Everett-Spearing
Office Opening Hours:
Monday: 0900-1230 1400-1645
Tuesday: 0900-1230 1400-1645
Wednesday: Closed all day
Thursday: 0900-1230
Friday: 0900-1230
Leiston Film Theatre Manager: Mr Wayne Burns
Telephone: 01728 830549
E-Mail: staff@leistonfilmtheatre.co.uk
Website: www.leistonfilmtheatre.co.uk
How can information be obtained
Information covered by the Leiston-cum-Sizewell Town Council Publication Scheme is available in a number of ways. We endeavour to make the majority of information available via our website, however, some information is not available in all formats.
We will dispatch information requested within 20 working days from receipt of request and fee if applicable.
Postal requests:
Ms Helen Greengrass – Town Clerk
Leiston-cum-Sizewell Town Council
Council Chambers
Main Street
LEISTON
IP16 4ER
E-mail requests: townclerk@leistontowncouncil.gov.uk
The best way to obtain any information however is to call into the Town Council Offices at the above times and discuss your request with the Clerk who will endeavour to give you as much information as is available, wanted or allowed. There is virtually no business done by our Council that is not completely transparent and open to public scrutiny.
Will a charge be made?
Information on the website is free of charge of course but, for other information, a charge may be levied to cover staff time and photocopying costs – if the request is easily satisfied there should be no charge but for more detailed responses and larger quantities of photocopying then photocopying will be done at cost (10p per A4 sheet) and confirmation that a fee will be charged will be given prior to the information being provided if it is not immediately available.
Internal Review
If you are unhappy with the reply you receive from us when seeking information you have the right to ask for an internal review which will be undertaken by The Chairman of the Council and the Personnel Committee. Please contact the Town Clerk in the first instance.
Who is responsible for the Publication Scheme?
The Leiston-cum-Sizewell Town Council Publication Scheme is maintained by the Town Clerk. Any enquiries about the Publication Scheme and requests for information should be addressed to him. General information regarding the Publication Scheme, (which complies with the model provided by the Information Commissioners Office), or the Freedom of Information Act 2000, under which the scheme is regulated, can be obtained from:
Address:
Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0845 6306060
Website: www.ico.gov.uk
The Publication Scheme will be reviewed annually.
The Information Commissioner has deemed we lay out the Publication Scheme under the following headings.
What we spend your money on and how we spend it.
The following items are all available as hard copies from the Town Clerk:
- The Annual Return given to our external auditors
- The Statement of Accounts and Balance Sheet
- Financial Regulations
- Grants given and received
- Members allowances and expenses
- Finalised budget
What our priorities are and how we are doing.
The following items are available as hard copies from the Clerk:
- Report to Annual Town Meeting
- Consultation responses to Sizewell C
How we make decisions.
The following are available as hard copies from the Clerk:
- Agendas for all meetings
- Minutes from all meetings
- Reports to Council
- Standing Orders
- Code of Conduct
- Responses to planning applications
- Responses to consultations
Our Policies and Procedures.
The following are available as hard copies from the Clerk:
- Standing Orders
- Financial Regulations
- Code of Conduct
- Health and Safety Policy
- Equal Opportunities Policy
- Complaints Procedure
- Disciplinary and Grievance Procedures
- Privacy Policy
- Social Media Policy
Lists and Registers.
The following are available as hard copies from the Clerk:
- Members Declaration of Acceptance of Office
- Register of members Interests
- Asset Register
The services we offer.
The following services are provided – see Clerk for hire charges and further details:
- Allotments
- Hire of Community Centre
- Hire of the Waterloo Centre
- Victory Road Recreation Ground
- King Georges Recreation Ground
- Haylings Pond
- Leiston Film Theatre
- Dinsdale Road Public Conveniences
- Grants scheme
- Newsletter
Leiston-cum-Sizewell Town Council LGA Councillor Code of Conduct for Members
In accordance with Section 26 to 37 of the Localism Act 2011 on 7 June 2022 Leiston-cum-Sizewell Town Council (the Council) resolved to replace the Suffolk Local Code of Conduct with the LGA Councillor Code of Conduct for the purposes of discharging its duty to promote and maintain high standards of conduct within its area.
Until otherwise amended or replaced by a decision of the Council, the LGA Councillor Code of Conduct Local Code of Conduct set out below shall hereafter apply to all elected members and any co-opted members entitled to vote on any decisions of the council or its committees, sub committees or joint committees when acting in their capacity as a member of the Council.
Local Government Association
Model Code of Conduct 2020
Joint Statement
The role of councillor across all tiers of local government is a vital part of our country’s system of democracy. It is important that as councillors we can be held accountable and all adopt the behaviors and responsibilities associated with the role. Our conduct as an individual councillor affects the reputation of all councillors. We want the role of councillor to be one that people aspire to. We also want individuals from a range of backgrounds and circumstances to be putting themselves forward to become councillors.
As councillors, we represent local residents, work to develop better services and deliver local change. The public have high expectations of us and entrust us to represent our local area, taking decisions fairly, openly, and transparently. We have both an individual and collective responsibility to meet these expectations by maintaining high standards and demonstrating good conduct, and by challenging behaviour which falls below expectations.
Importantly, we should be able to undertake our role as a councillor without being intimidated, abused, bullied, or threatened by anyone, including the general public.
This Code has been designed to protect our democratic role, encourage good conduct and safeguard the public’s trust in local government.
Introduction
The Local Government Association (LGA) has developed this Model Councillor Code of Conduct, in association with key partners and after extensive consultation with the sector, as part of its work on supporting all tiers of local government to continue to aspire to high standards of leadership and performance. It is a template for councils to adopt in whole and/or with local amendments.
All councils are required to have a local Councillor Code of Conduct.
The LGA will undertake an annual review of this Code to ensure it continues to be fit- for- purpose, incorporating advances in technology, social media and changes in legislation. The LGA can also offer support, training and mediation to councils and councillors on the application of the Code and the National Association of Local Councils (NALC) and the county associations of local councils can offer advice and support to town and parish councils.
Definitions
For the purposes of this Code of Conduct, a “councillor” means a member or co-opted member of a local authority or a directly elected mayor. A “co-opted member” is defined in the Localism Act 2011 Section 27(4) as “a person who is not a member of the authority but who:
- is a member of any committee or sub-committee of the authority, or;
- is a member of, and represents the authority on, any joint committee or joint sub- committee of the authority;
and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee”.
For the purposes of this Code of Conduct, “local authority” includes county councils, district councils, London borough councils, parish councils, town councils, fire and rescue authorities, police authorities, joint authorities, economic prosperity boards, combined authorities and National Park authorities.
Purpose of the Code of Conduct
The purpose of this Code of Conduct is to assist you, as a councillor, in modelling the behaviour that is expected of you, to provide a personal check and balance, and to set out the type of conduct that could lead to action being taken against you. It is also to protect you, the public, fellow councillors, local authority officers and the reputation of local government. It sets out general principles of conduct expected of all councillors and your specific obligations in relation to standards of conduct. The LGA encourages the use of support, training and mediation prior to action being taken using the Code. The fundamental aim of the Code is to create and maintain public confidence in the role of councillor and local government.
General principles of councillor conduct
Everyone in public office at all levels; all who serve the public or deliver public services, including ministers, civil servants, councillors and local authority officers; should uphold the Seven Principles of Public Life, also known as the Nolan Principles.
Building on these principles, the following general principles have been developed specifically for the role of councillor.
In accordance with the public trust placed in me, on all occasions:
- I act with integrity and honesty
- I act lawfully
- I treat all persons fairly and with respect; and
- I lead by example and act in a way that secures public confidence in the role of councillor.
In undertaking my role:
- I impartially exercise my responsibilities in the interests of the local community
- I do not improperly seek to confer an advantage, or disadvantage, on any person
- I avoid conflicts of interest
- I exercise reasonable care and diligence; and
- I ensure that public resources are used prudently in accordance with my local authority’s requirements and in the public interest.
Application of the Code of Conduct
This Code of Conduct applies to you as soon as you sign your declaration of acceptance of the office of councillor or attend your first meeting as a co-opted member and continues to apply to you until you cease to be a councillor.
This Code of Conduct applies to you when you are acting in your capacity as a councillor which may include when:
- you misuse your position as a councillor
- your actions would give the impression to a reasonable member of the public with knowledge of all the facts that you are acting as a councillor;
The Code applies to all forms of communication and interaction, including:
- at face-to-face meetings
- at online or telephone meetings
- in written communication
- in verbal communication
- in non-verbal communication
- in electronic and social media communication, posts, statements and comments.
You are also expected to uphold high standards of conduct and show leadership at all times when acting as a councillor.
Your Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and you are encouraged to seek advice from your Monitoring Officer on any matters that may relate to the Code of Conduct. Town and parish councillors are encouraged to seek advice from their Clerk, who may refer matters to the Monitoring Officer.
Standards of councillor conduct
This section sets out your obligations, which are the minimum standards of conduct required of you as a councillor. Should your conduct fall short of these standards, a complaint may be made against you, which may result in action being taken.
Guidance is included to help explain the reasons for the obligations and how they should be followed.
General Conduct
- Respect
As a councillor:
1.1 I treat other councillors and members of the public with respect.
1.2 I treat local authority employees, employees and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.
Respect means politeness and courtesy in behaviour, speech, and in the written word. Debate and having different views are all part of a healthy democracy. As a councillor, you can express, challenge, criticise and disagree with views, ideas, opinions and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack.
In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s expectations and confidence in councillors.
In return, you have a right to expect respectful behaviour from the public. If members of the public are being abusive, intimidatory or threatening you are entitled to stop any conversation or interaction in person or online and report them to the local authority, the relevant social media provider or the police. This also applies to fellow councillors, where action could then be taken under the Councillor Code of Conduct, and local authority employees, where concerns should be raised in line with the local authority’s councillor- officer protocol.
- Bullying, harassment and discrimination
As a councillor:
2.1 I do not bully any person.
2.2 I do not harass any person.
2.3 I promote equalities and do not discriminate unlawfully against any person.
The Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying might be a regular pattern of behaviour or a one-off incident, happen face-to-face, on social media, in emails or phone calls, happen in the workplace or at work social events and may not always be obvious or noticed by others.
The Protection from Harassment Act 1997 defines harassment as conduct that causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person.
Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person’s identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
The Equality Act 2010 places specific duties on local authorities. Councillors have a central role to play in ensuring that equality issues are integral to the local authority’s performance and strategic aims, and that there is a strong vision and public commitment to equality across public services.
- Impartiality of officers of the council
As a councillor:
3.1 I do not compromise, or attempt to compromise, the impartiality of anyone who works for, or on behalf of, the local authority
Officers work for the local authority as a whole and must be politically neutral (unless they are political assistants). They should not be coerced or persuaded to act in a way that would undermine their neutrality. You can question officers in order to understand, for example, their reasons for proposing to act in a particular way, or the content of a report that they have written. However, you must not try and force them to act differently, change their advice, or alter the content of that report, if doing so would prejudice their professional integrity.
- Confidentiality and access to information
As a councillor:
- I do not disclose information:
- given to me in confidence by anyone
- acquired by me which I believe, or ought reasonably to be aware, is of a confidential nature, unless:
- I have received the consent of a person authorised to give it;
- I am required by law to do so;
- the disclosure is made to a third party for the purpose of obtaining professional legal advice provided that the third party agrees not to disclose the information to any other person; or
- the disclosure is:
- reasonable and in the public interest; and
- made in good faith and in compliance with the reasonable requirements of the local authority; and
- I have consulted the Monitoring Officer prior to its release.
4.2 I do not improperly use knowledge gained solely as a result of my role as a councillor for the advancement of myself, my friends, my family members, my employer or my business interests.
4.3 I do not prevent anyone from getting information that they are entitled to by law.
Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the local authority must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations.
- Disrepute
As a councillor:
5.1 I do not bring my role or local authority into disrepute
As a Councillor, you are trusted to make decisions on behalf of your community and your actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. You should be aware that your actions might have an adverse impact on you, other councillors and/or your local authority and may lower the public’s confidence in your or your local authority’s ability to discharge your/its functions. For example, behaviour that is considered dishonest and/or deceitful can bring your local authority into disrepute.
You are able to hold the local authority and fellow councillors to account and are able to constructively challenge and express concern about decisions and processes undertaken by the council whilst continuing to adhere to other aspects of this Code of Conduct.
- Use of position
As a councillor:
- I do not use, or attempt to use, my position improperly to the advantage or disadvantage of myself or anyone
Your position as a member of the local authority provides you with certain opportunities, responsibilities, and privileges, and you make choices all the time that will impact others. However, you should not take advantage of these opportunities to further your own or others’ private interests or to disadvantage anyone unfairly.
- Use of local authority resources and facilities
As a councillor:
- I do not misuse council
- I will, when using the resources of the local authority or authorizing their use by others:
- act in accordance with the local authority’s requirements; and
- ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the local authority or of the office to which I have been elected or
You may be provided with resources and facilities by the local authority to assist you in carrying out your duties as a councillor.
Examples include:
- office support
- stationery
- equipment such as phones, and computers
- transport
- access and use of local authority buildings and
These are given to you to help you carry out your role as a councillor more effectively and are not to be used for business or personal gain. They should be used in accordance with the purpose for which they have been provided and the local authority’s own policies regarding their use.
- Complying with the Code of Conduct
As a Councillor:
- I undertake Code of Conduct training provided by my local
- I cooperate with any Code of Conduct investigation and/or determination.
- I do not intimidate or attempt to intimidate any person who is likely to be involved with the administration of any investigation or proceedings.
- I comply with any sanction imposed on me following a finding that I have breached the Code of Conduct.
It is extremely important for you as a councillor to demonstrate high standards, for you to have your actions open to scrutiny and for you not to undermine public trust in the local authority or its governance. If you do not understand or are concerned about the local authority’s processes in handling a complaint you should raise this with your Monitoring Officer.
Protecting your reputation and the reputation of the local authority
- Interests
As a councillor:
9.1 I register and disclose my interests.
Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and maintain a register of interests of members of the authority.
You need to register your interests so that the public, local authority employees and fellow councillors know which of your interests might give rise to a conflict of interest. The register is a public document that can be consulted when (or before) an issue arises. The register also protects you by allowing you to demonstrate openness and a willingness to be held accountable. You are personally responsible for deciding whether or not you should disclose an interest in a meeting, but it can be helpful for you to know early on if others think that a potential conflict might arise. It is also important that the public know about any interest that might have to be disclosed by you or other councillors when making or taking part in decisions, so that decision making is seen by the public as open and honest. This helps to ensure that public confidence in the integrity of local governance is maintained.
You should note that failure to register or disclose a disclosable pecuniary interest as set out in Table 1, is a criminal offence under the Localism Act 2011.
Appendix B sets out the detailed provisions on registering and disclosing interests. If in doubt, you should always seek advice from your Monitoring Officer.
- Gifts and hospitality
As a councillor:
- I do not accept gifts or hospitality, irrespective of estimated value, which could give rise to real or substantive personal gain or a reasonable suspicion of influence on my part to show favour from persons seeking to acquire, develop or do business with the local authority or from persons who may apply to the local authority for any permission, licence or other significant
- I register with the Monitoring Officer any gift or hospitality with an estimated value of at least £50 within 28 days of its
- I register with the Monitoring Officer any significant gift or hospitality that I have been offered but have refused to
In order to protect your position and the reputation of the local authority, you should exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a councillor. The presumption should always be not to accept significant gifts or hospitality. However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case you could accept it but must ensure it is publicly registered. However, you do not need to register gifts and hospitality which are not related to your role as a councillor, such as Christmas gifts from your friends and family. It is also important to note that it is appropriate to accept normal expenses and hospitality associated with your duties as a councillor. If you are unsure, do contact your Monitoring Officer for guidance.
Appendix A – The Seven Principles of Public Life
The principles are:
Selflessness
Holders of public office should act solely in terms of the public interest.
Integrity
Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must disclose and resolve any interests and relationships.
Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
Accountability
Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
Openness
Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
Honesty
Holders of public office should be truthful.
Leadership
Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.
Appendix B Registering interests
Within 28 days of becoming a member or your re-election or re-appointment to office you must register with the Monitoring Officer the interests which fall within the categories set out in Table 1 (Disclosable Pecuniary Interests) which are as described in “The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012”. You should also register details of your other personal interests which fall within the categories set out in Table 2 (Other Registerable Interests).
“Disclosable Pecuniary Interest” means an interest of yourself, or of your partner if you are aware of your partner’s interest, within the descriptions set out in Table 1 below.
“Partner” means a spouse or civil partner, or a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners.
- You must ensure that your register of interests is kept up-to-date and within 28 days of becoming aware of any new interest, or of any change to a registered interest, notify the Monitoring
- A ‘sensitive interest’ is as an interest which, if disclosed, could lead to the councillor, or a person connected with the councillor, being subject to violence or
- Where you have a ‘sensitive interest’ you must notify the Monitoring Officer with the reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees they will withhold the interest from the public
Non participation in case of disclosable pecuniary interest
- Where a matter arises at a meeting which directly relates to one of your Disclosable Pecuniary Interests as set out in Table 1, you must disclose the interest, not participate in any discussion or vote on the matter and must not remain in the room unless you have been granted a If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest, just that you have an interest. Dispensation may be granted in limited circumstances, to enable you to participate and vote on a matter in which you have a disclosable pecuniary interest.
- [ Where you have a disclosable pecuniary interest on a matter to be considered or is being considered by you as a Cabinet member in exercise of your executive function, you must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter apart from arranging for someone else to deal with it ]
Disclosure of Other Registerable Interests
- Where a matter arises at a meeting which directly relates to the financial interest or wellbeing of one of your Other Registerable Interests (as set out in Table 2), you must disclose the You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.
Disclosure of Non-Registerable Interests
- Where a matter arises at a meeting which directly relates to your financial interest or well-being (and is not a Disclosable Pecuniary Interest set out in Table 1) or a financial interest or well-being of a relative or close associate, you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting. Otherwise you must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.
- Where a matter arises at a meeting which affects –
- your own financial interest or well-being;
- a financial interest or well-being of a relative or close associate; or
- a financial interest or wellbeing of a body included under Other Registrable Interests as set out in Table 2
you must disclose the interest. In order to determine whether you can remain in the meeting after disclosing your interest the following test should be applied
- Where a matter (referred to in paragraph 8 above) affects the financial interest or well-being:
(a) to a greater extent than it affects the financial interests of the majority of inhabitants of the ward affected by the decision and;
(b) a reasonable member of the public knowing all the facts would believe that it would affect your view of the wider public interest.
You may speak on the matter only if members of the public are also allowed to speak at the meeting. Otherwise you must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation.
If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.
- [Where you have an Other Registerable Interest or Non-Registerable Interest on a matter to be considered or is being considered by you as a Cabinet member in exercise of your executive function, you must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter apart from arranging for someone else to deal with it].
Table 1: Disclosable Pecuniary Interests
This table sets out the explanation of Disclosable Pecuniary Interests as set out in the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012.
Subject |
Description |
Employment, office, trade, profession or vocation |
Any employment, office, trade, profession or vocation carried on for profit or gain. |
Sponsorship |
Any payment or provision of any other financial benefit (other than from the council) made to the councillor during the previous 12-month period for expenses incurred by him/her in carrying out his/her duties as a councillor, or towards his/her election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992. |
Contracts |
Any contract made between the councillor or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/civil partners (or a firm in which such person is a partner, or an incorporated body of which such person is a director* or a body that such person has a beneficial interest in the securities of*) and the council — (a) (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.
|
Land and Property |
Any beneficial interest in land which is within the area of the council. ‘Land’ excludes an easement, servitude, interest or right in or over land which does not give the councillor or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/ civil partners (alone or jointly with another) a right to occupy or to receive income. |
Licenses | Any licence (alone or jointly with others) to occupy land in the area of the council for a month or longer |
Corporate tenancies |
Any tenancy where (to the councillor’s knowledge)— (a) the landlord is the council; and (b) the tenant is a body that the councillor, or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/ civil partners is a partner of or a director* of or has a beneficial interest in the securities* of. |
Securities |
Any beneficial interest in securities* of a body where— (a) that body (to the councillor’s knowledge) has a place of business or land in the area of the council; and (b) either— (i) ) the total nominal value of the securities* exceeds £25,000 or one hundredth of the total issued share capital of that body; or (ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the councillor, or his/ her spouse or civil partner or the person with whom the councillor is living as if they were spouses/civil partners have a beneficial interest exceeds one hundredth of the total issued share capital of that class.
|
* ‘director’ includes a member of the committee of management of an industrial and provident society.
- ‘securities’ means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.
Table 2: Other Registrable Interests
You must register as an Other Registerable Interest:
- a) any unpaid directorships
- b) any body of which you are a member or are in a position of general control or management and to which you are nominated or appointed by your authority
- c) any body
- exercising functions of a public nature
- directed to charitable purposes or
- one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union)
of which you are a member or in a position of general control or management
Appendix C – the Committee on Standards in Public Life
The LGA has undertaken this review whilst the Government continues to consider the recommendations made by the Committee on Standards in Public Life in their report on Local Government Ethical Standards. If the Government chooses to implement any of the recommendations, this could require a change to this Code.
The recommendations cover:
- Recommendations for changes to the Localism Act 2011 to clarify in law when the Code of Conduct applies
- The introduction of sanctions
- An appeals process through the Local Government Ombudsman
- Changes to the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012
- Updates to the Local Government Transparency Code
- Changes to the role and responsibilities of the Independent Person
- That the criminal offences in the Localism Act 2011 relating to Disclosable Pecuniary Interests should be abolished
The Local Government Ethical Standards report also includes Best Practice recommendations. These are:
Best practice 1: Local authorities should include prohibitions on bullying and harassment in codes of conduct. These should include a definition of bullying and harassment, supplemented with a list of examples of the sort of behaviour covered by such a definition.
Best practice 2: Councils should include provisions in their code of conduct requiring councillors to comply with any formal standards investigation and prohibiting trivial or malicious allegations by councillors.
Best practice 3: Principal authorities should review their code of conduct each year and regularly seek, where possible, the views of the public, community organisations and neighbouring authorities.
Best practice 4: An authority’s code should be readily accessible to both councillors and the public, in a prominent position on a council’s website and available in council premises.
Best practice 5: Local authorities should update their gifts and hospitality register at least once per quarter, and publish it in an accessible format, such as CSV.
Best practice 6: Councils should publish a clear and straightforward public interest test against which allegations are filtered.
Best practice 7: Local authorities should have access to at least two Independent Persons.
Best practice 8: An Independent Person should be consulted as to whether to undertake a formal investigation on an allegation, and should be given the option to
review and comment on allegations which the responsible officer is minded to dismiss as being without merit, vexatious, or trivial.
Best practice 9: Where a local authority makes a decision on an allegation of misconduct following a formal investigation, a decision notice should be published as soon as possible on its website, including a brief statement of facts, the provisions of the code engaged by the allegations, the view of the Independent Person, the reasoning of the decision-maker, and any sanction applied.
Best practice 10: A local authority should have straightforward and accessible guidance on its website on how to make a complaint under the code of conduct, the process for handling complaints, and estimated timescales for investigations and outcomes.
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.
Best practice 12: Monitoring Officers’ roles should include providing advice, support and management of investigations and adjudications on alleged breaches to parish councils within the remit of the principal authority. They should be provided with adequate training, corporate support and resources to undertake this work.
Best practice 13: A local authority should have procedures in place to address any conflicts of interest when undertaking a standards investigation. Possible steps should include asking the Monitoring Officer from a different authority to undertake the investigation.
Best practice 14: Councils should report on separate bodies they have set up or which they own as part of their annual governance statement and give a full picture of their relationship with those bodies. Separate bodies created by local authorities should abide by the Nolan principle of openness and publish their board agendas and minutes and annual reports in an accessible place.
Best practice 15: Senior officers should meet regularly with political group leaders or group whips to discuss standards issues.
The LGA has committed to reviewing the Code on an annual basis to ensure it is still fit for purpose.