Decisions on a Complaint

This is set out in more detail in the Complaints Policy, but the following decisions may be made during the assessment and determination of a Complaint:

  • That the Complaint should not proceed beyond the Initial assessment stage.
  • No finding whether there has been a breach of the Code and take no further action.
  • No finding whether there has been a breach of the Code but that action other than an investigation is appropriate.
  • Finding of no breach of the Code.
  • Finding of a breach of the Code without an investigation and impose no sanction.
  • Finding of a breach of the Code without an investigation and impose a sanction.
  • Referral for investigation to determine whether there has been a breach of the Code and, if so, the seriousness of the breach and whether sanctions should be applied.
  • A potential offence under the Localism Act 2011 may have been committed and an investigation, by the police where appropriate, ought to be conducted to determine whether the subject member should be prosecuted.

In some circumstances, whether a breach of the Code is found or not, a Complaint may be referred for other action such as the provision of training to the Councillor or even the whole of his/her Council.