Agenda and minutes

Apologies for absence were received from Councillors Fairclough and M. Fearn and Independent Member Mr. J. Fraser.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Minutes of the meeting held on 3 February 2011

RESOLVED:

That the minutes of the meeting held on 3 February 2011 be confirmed as a correct record.

Report of the Head of Corporate Legal Services

The Committee considered the report of the Head of Corporate Legal Services that presented the Local Government Ombudsman’s Annual Review Letter (ARL) for 2010/11.

The three key issues reported in the ARL related to:

(i)         a complaint by two allotment holders whereby the Council chose not to accept the findings of the Ombudsman;

(ii)        the communicating of decisions whereby the Ombudsman now provided statements of reason for every decision made as opposed to letters; and

(iii)       the Ombudsman’s remit and that with effect from October 2010, the Ombudsman was tasked with considering complaints connected with adult social care; and that it was anticipated that with effect from July 2012, the Ombudsman’s remit to deal with complaints about schools from pupils or their parents would cease.

The report concluded that the Ombudsman’s Annual Report was due out later in the year and this would give an analysis of trends and patterns concerning complaints and would also highlight cases of particular concern.

Attached as a annex to the report was a copy of the ARL.

RESOLVED:

That the Local Government Ombudsman’s Annual Review Letter for 2010/11 be noted.

Report of the Head of Corporate Legal Services

The Committee considered the report of the Head of Corporate Legal Services that provided an update on the key provisions of the Localism Bill (the Bill) as they affected the current standards regime.

The report indicated that the Bill, published on 13 December 2010, contained proposals to abolish the Standards for England regime; that following such abolition, the Council would no longer have a single body of law to refer to for dealing with elected Member conduct but instead, would have a range of remedies including existing criminal and civil law provisions and provisions contained in the Bill; and summarised the proposals contained in the Bill and outlined the provisions available to Local Authorities to call upon relating to:

·                    Summary of changes proposed in the Bill

·                    Transition Arrangements

·                    Registering interests

·                    Fiduciary duty of Councillors

·                    Local Government Ombudsman

·                    Audit Commission powers

·                    The common law position of bias, predisposition and predetermination

Appendix A to the report detailed the legal provisions that could apply to Councillors.

RESOLVED:

That the report that updated on the Localism Bill be noted.