CODE OF CONDUCT – COMPLAINTS FORM CAMBRIDGE CITY COUNCIL

1.	Your details
Please provide us with your name and contact details –

Title:		
First Name:		
Last Name:		
Address:		

		
Daytime or Mobile Tel No:		
Evening Tel No:		
E-mail Address:		

The complaint will be shared with the Member(s) (ie. a city councillor) complained about and the Independent Person (who is not a council employee, but performs a statutory function whose role is to advise the council on complaints made against Members).

If you want to keep your name and address confidential, you should indicate this on the complaint form. In this case we would not disclose your name and address to the Member or Councillor without your prior consent. However, the Council does not normally investigate anonymous complaints or complaints where the complainant wishes to remain confidential, unless there is a clear public interest in doing so.

If you have serious concerns about your name or details of your complaint being released, please complete Section 5 of this form.

Please tell us which complainant type best describes you:

•	Member of the public
•	An elected or co-opted Member of an authority
•	Local authority monitoring officer
•	Other council officer or authority employee
•	Other (	)

2.	Process
Your complaint or allegation should be addressed to the Monitoring Officer at Cambridge City Council 
The Code of Conduct for Members can be found at;

                  https://www.cambridge.gov.uk/media/4107/constitution-part-5a.pdf

The Monitoring Officer will usually acknowledge receipt of your complaint within ten working days and will keep you informed of progress. If sufficient supporting  evidence is not provided, the Monitoring Officer will require the complainant to  provide such evidence.

Usually, within ten working days of receiving a valid Code of Conduct complaint and supporting evidence the Monitoring Officer shall:-

(i)	contact the subject Member with a copy of the complaint and evidence; and
(ii)	ask the subject Member to provide a written response to the allegation(s) and supporting evidence.

The Monitoring Officer will review every complaint received and after consultation  with the Independent Person, take a decision as to whether it merits formal investigation. Where the Monitoring Officer has taken a decision, they will inform you of their decision and the reasons for that decision.  [See at the end of this form for the full Procedure to be followed].

3.	Criteria for Assessment

In determining whether or not the complaint should be referred for investigation or not, or whether alternative resolution is appropriate, The Monitoring Officer and Independent Person will have regard to a range of factors including the following:

i)	Whether there is sufficient evidence upon which to base a decision
ii)	Whether the alleged action relates to a breach of the code of conduct
iii)	Whether the alleged action is considered to be serious of minor/trivial
iv)	Whether the complaint appears to be politically motivated, vexatious or tit for tat;
v)	When the action complained about occurred (was it more than 3 months ago)
vi)	Whether the allegations relate to actions occurring whilst the councillor was acting in their official capacity or in their private capacity
vii)	Whether it is in the public interest to investigate
viii)	Whether the matter is considered suitable for alternative resolution and if so whether the councillor and the complainant are prepared to consider this alternative

4.	Please provide us with the name of the Member(s) you believe have breached the Code of Conduct and name of their authority:

First Name	Last Name	

		

		

		

Please explain in this section (or on separate sheets) what the Member has done that you believe breaches the Code of Conduct. If you are complaining about more than one Member you should clearly explain what each individual person has done that you believe breaches the Code of Conduct.

Whilst not essential, it would be helpful if you are able to identify the parts of the Code which you consider have been breached. The City Council’s Code of Conduct can be viewed in full at :

https://www.cambridge.gov.uk/media/4107/constitution-part-5a.pdf

It is important that you provide all the information you wish to have taken into account by the Monitoring Officer to help them decide whether to take any action on your complaint.

For example

•	You should be specific, wherever possible, about exactly what you are alleging the Member said or did. For instance, instead of writing that the Member insulted you, you should state what it was they said.
•	You should provide the dates of the alleged incidents wherever possible. If you cannot provide exact dates it is important to give a general timeframe.
•	You should confirm whether there are any witnesses to the alleged conduct and provide their names and contact details if possible.
•	You should provide any relevant background information.

Please provide us with details of your complaint and, if possible, the part(s) of the Code of Conduct you consider have been breached. Continue on a separate sheet  if there is not enough space on this form.

Alleged Breach	Details of Complaint	

		

5.	Only complete this next section if you are requesting that your identity is kept confidential

In the interests of fairness and natural justice, Members who are complained about are provided with a copy of the complaint. However, if you want to keep your name and address confidential, please indicate this in the space provided below, in which case we will not disclose your name and address to the Member against whom you have made the complaint without your prior consent. The authority would not normally investigate anonymous complaints unless there is a clear public interest in doing so.

Please note that requests for confidentiality or a request for suppression of complaint details will not automatically be granted. The Monitoring Officer will consider the request alongside the substance of your complaint. We will then contact you with the decision. If your request for confidentiality is not granted, we will usually allow you  the option of withdrawing your complaint.

However, it is important to understand that in certain exceptional circumstances where the matter complained about is very serious, we can proceed with an investigation or other action and disclose your name even if you have expressly asked us not to.

Please provide us with details of why you believe we should withhold your name and/or the details of your complaint.

Reasons for non-disclosure might be risk from physical harm if your identity was disclosed, if you fear that the consequences of your action might affect your employment or if there are serious health grounds or medical risks associated with your disclosure.

	

6.	Additional Help
Complaints must be submitted in writing. This includes by email. However, in line with the requirements of the Disability Discrimination Act 2000, we can make reasonable adjustments to assist you if you have a disability that prevents you from making your complaint in writing.

We can also help if English is not your first language.

Correspondence should be directed towards –

Monitoring Officer
Cambridge City Council, The Guildhall, Peas Hill, Cambridge, CB2 3QJ

Email: monitoring.officer@cambridge.gov.uk

Procedure for consideration of complaints about breach of the Code Of Conduct For Councillors. 

1.  Complaints about breach by councillors of the Code of Conduct shall be received by the Monitoring Officer. 
 
2. The Monitoring Officer shall notify the Independent Person promptly of any complaint about a councillor that, on the face of it, alleges breach of the Code of Conduct. 
 
3. The Monitoring Officer shall also, unless the Monitoring Officer and Independent Person agree otherwise, notify the member concerned of the complaint and its nature.  
 
4. The Monitoring Officer shall agree with the Independent Person a strategy for responding to the complaint. This might involve commissioning an independent investigator to conduct a formal investigation but other alternatives would include the Monitoring Officer seeking to resolve the complaint less formally, for instance, by correspondence or a meeting.  
 
5. The Monitoring Officer shall also have discretion, after consulting the Independent Person, to refer a complaint direct to a Standards Sub-Committee of the Civic Affairs Committee. 
 
6. If a formal investigation finds that a member has breached the Code of Conduct, the Monitoring Officer shall consult the Independent Person as to whether the complaint should be referred to a Standards Sub-Committee for consideration or whether less formal action is appropriate; e.g. if a member accepts that there has been a breach and other action such as an apology or training is an appropriate remedy.  
 
7. It shall be for a Standards Sub-Committee to determine how to consider a complaint referred to it. It is entitled either to consider the complaint by way of written representations or it can conduct a formal hearing.  
 
8. At all stages up to referral to a Standards Sub-Committee, a complainant shall have a right of review by a Standards Sub-Committee if they are not satisfied with the procedure adopted by the Monitoring Officer or if they are not satisfied with the outcome of their complaint.