FI15057

Request

  1. Who is the Monitoring Officer at Dover District Council?
  2. Who is the “Independent Person” at Dover District Council?
  3. Does the “Independent Person” contact both sides of a complaint?
  4. Can either the complainant or the person complained of contact the “Independent Person” and if so how is this does so anonymous?
  5. Who appoints the “Independent Person” and how long is the position held?
  6. What is the criteria for holding this position eg no connected with local government and/or not living in the DDC area?
  7. Why is there no right of appeal against the decision of the Monitoring Officer? Is this a matter of law or DDC policy?

Response

  1. Harvey Rudd is the Monitoring Officer.
  2. Dover District Council has two Independent Persons – Janet Waghorn and Anthony Dixon. This was set out in the minutes of the full Council meeting that appointed them in 2022.
  3. No, the Independent Person’s role does not involve contacting any side in a complaint.
  4. This is set out in the Arrangements for complaints under the Code of Conduct on the Council’s website. The Localism Act 2011 gives the subject of the complaint the right to contact the Independent Persons. No such right exists for the complainant. The subject member is not anonymous.
  5. The full Council appoints the Independent Persons for a term of five years and one day. This was last done on 20 July 2022.
  6. The Independent Person must not be or have been during the last five years a member, co-opted member or officer (or a relative of a member, co-opted member or officer as defined by the Localism Act 2011) of Dover District Council or a Town/Parish council within the District.
  7. The Localism Act 2011 requires the District Council to have in place arrangements under which allegations of non-compliance with the Code can be investigated and under which decisions on allegations can be made. Other than requiring that the arrangements must include the appointment of at least one independent person the Localism Act does not set out what the Arrangements must contain, that is a matter for the District Council.  The Local Government and Social Care Ombudsman has some oversight in respect of Code of Conduct complaints. However, the Ombudsman does not offer a right of appeal against a decision on member conduct complaints. Instead, it can only consider if there was fault in the way the Monitoring Officer considered the complaint, and it will only investigate complaints if there is sufficient injustice to warrant its involvement or it considers it is in the public interest to do so. Further details can be found on the Ombudsman’s website at https://www.lgo.org.uk/make-a-complaint/fact-sheets/other-topics/complaints-about-standards-and-member-conduct.  Additionally, decisions of the Monitoring Officer would be subject to judicial review under normal public administrative law principles.