Minutes:
The Director of Law and Corporate Governance submitted a copy of the Standards Board for England’s recent publication “How to Conduct an Investigation – Advice to Local Authorities on Investigating Allegations of Misconduct” which gave practical guidance and “top tips” on conducting hearings in respect of allegations of Member misconduct referred for local determination. The advice complemented the statutory guidance entitled “Local Investigations – Guidance for Monitoring Officers and Standards Committees” which currently all Officers involved in conducting investigations were observing. Accordingly, he recommended that future investigations should also be carried out with regard to this new guidance subject to one qualification. This related to the advice that interviews could be conducted in person or on the telephone. In the light of past experience, the Director of Law and Corporate Governance was of the view that except in exceptional circumstances interviews with witnesses should always be face to face. He also pointed out that although the new guidance made provision for the tape recording of interviews the Council had very limited facilities to facilitate this. However, to avoid any allegations that an investigator had misinterpreted what had been said or omitted some material fact or opinion the current practice was that once a witness statement had been drafted the witness would be asked to approve or amend it as appropriate and once agreed would be asked to sign and date it. This statement would form part of the supporting papers attached to the Investigating Officer’s report.
An Independent Member asked whether Officers undertaking investigations were trained in interview techniques as this was a requirement for all Police Officers giving evidence in Court. The Director of Law & Corporate Governance indicated that to date and in the foreseeable future investigations would be carried out by senior legal officers experienced in interviewing but consideration would be given to providing training of this kind if required.
The Committee was advised that in conducting local hearings the Standards (Local Determination) Sub-Committee had used the comprehensive documentation produced by Messrs Wragge and Co a firm of Solicitors who specialised in this field. This documentation had been endorsed by the Standards Board for England but experience had shown that the hearing procedure was extremely detailed and cumbersome to use. Accordingly a shortened more “user friendly” procedure had been drafted which contained all the important and relevant points which ensured that a full and fair hearing took place. As previously, the supporting information on exempt/confidential information and the available sanctions would be appended to the simplified procedure. All three documents would form part of the Sub-Committee’s agenda.
Resolved –
(a) That the Monitoring Officer and his nominated representatives conduct investigations in accordance with the statutory guidance issued by the Standards Board for England entitled “Local Investigations – Guidance for Monitoring Officers and Standards Committees” and the supporting practical advice contained in the recent publication “How to Conduct an Investigation – Advice for Local Authorities on Investigating Allegations of Misconduct”.
(b) That the Standards (Local Determination) Sub-Committee at future hearings adopt the revised procedure now submitted and the supporting documents relating to exempt/confidential information and available sanctions.