Croydon Council has updated its ethics code and added an Assessment Sub-Committee to support the Monitoring Officer in assessing member code of conduct complaints. These changes were prompted by the nature of complaints received since the adoption of the revised Code of Conduct, particularly regarding matters not appropriate for investigation.

The changes were discussed at the Ethics Committee meeting on 9 July 2025, where members considered revisions to the members' code of conduct. The agenda for the meeting is available online.

Amendments to the Member's Code of Conduct

The Ethics Committee considered and recommended to the Full Council the adoption of revised statutory arrangements for dealing with complaints against councillors, for inclusion in the council's constitution. These changes include:

  • Updating the Ethics Committee's terms of reference to allow reviews of the council's arrangements for member code of conduct complaints.
  • Incorporating the terms of reference of an Assessment Sub-Committee to support the Monitoring Officer in assessing member code of conduct complaints.
  • Amending the Code of Conduct for Members in relation to disclosure of members' interests.

The proposed changes to the ethics complaints processes include:

  • Updating officer post titles and contact details.
  • Making the references gender neutral.
  • Updating regulator details.
  • Clarifying that a Deputy Monitoring Officer may undertake the Monitoring Officer functions.
  • Making changes to the data protection and privacy sections to comply with changes in the law.
  • Including a new paragraph on conflicts of interest. The new paragraph aims to address potential conflicts of interest of officers in the process. It includes situations where the Monitoring Officer might have a conflict due to prior assistance provided. It also covers potential for conflicts for Independent Persons and how these conflicts will be resolved.
  • Reducing the acknowledgement period for complaints to 10 working days.

The report stated that the Committee on Standards in Public Life acknowledged the role of Monitoring Officers in receiving and filtering complaints.

The report also detailed proposed updates to the assessment criteria to exclude complaints regarding:

  • Response times to correspondence.
  • Admitted errors and remedial actions.
  • Pre-member conduct.
  • Political activity and personal life.
  • Legal and arbitration matters.
  • Council or committee decisions.
  • Multiple complaints.
  • Member v member complaints.

The report proposed that the timeframe for making initial assessment decisions be set as 10 working days following receipt of the comments from the Independent Person or member, whichever is later.

The report also detailed the inclusion of details within the council's arrangements of an Assessment Sub-Committee of the Ethics Committee to assist in advising the Monitoring Officer on assessment of complaints in certain specified circumstances, for example if the matter is particularly high-profile or sensitive. The Assessment Sub-Committee's membership will consist of three members drawn from the Membership of the Ethics Committee and constituted as and necessary by the Monitoring Officer.

The Assessment Sub-Committee's terms of reference will be to:

  • Support the assessment of the complaints and the consideration of whether the threshold for commencing a formal investigation has been met for a decision by the Monitoring Officer.
  • Consider the views of the Independent Person (where sought and obtained).
  • Offer the views of the Sub-Committee to the Monitoring Officer in order for a decision to be taken by that officer.

The report also detailed expanding the detail provided in the arrangements relating to informal resolution, and adding a new appendix, called Investigation Process to the arrangements, detailing investigation principles and processes.

The report also detailed updating the actions that the Hearing Panel can take, and updating the Hearing Panel Rules of Procedure.

If a councillor is found to have violated the updated code of conduct, the Hearings Panel, Ethics Committee, or a subcommittee of the Ethics Committee has several options:

  • Publish its findings in respect of the Member's conduct;
  • Report its findings to Council for information;
  • Recommend to the Member's Group Leader (or in the case of ungrouped Members, recommend to Council or to Committees) that theyhe/she be removed from any or all Committees or Sub-Committees of the Council;
  • Recommend to the Leader of the Council that the Member be removed from the Cabinet, or removed from particular Portfolio responsibilities;
  • Recommend to full Council or the Leader of the Council as the case may be that the Member be removed from outside appointments to which he/she has been appointed or nominated by the Council ;
  • Where appropriate, wWithdraw facilities provided to the Member by the Council, such as a computer, website and/or email and Internet access;
  • Exclude the Member from the Council's offices or other premises, with the exception of meeting rooms as necessary for attending Council, Cabinet, Committee and Sub-Committee meetings; or
  • Request that the Monitoring Officer arrange training for the Member;
  • Write to member, group Leaders or Whips with Hearings Panel advice on members conduct; or.
  • Take no further action

The Ethics Committee was asked to consider and agree to recommend the proposed amendments to the Council's Arrangements under Section 28 of the Localism Act 2011 to Full Council for approval (set out in Existing Ethics Complaints Process with track changes in tracked changes) Proposed new Ethics Complaints Process, clean copy. The following updates to the Arrangements are set out below as follows:

  • General: to reflect current officer post titles and contact details, make the references gender neutral and third person rather than first, update regulator details and similar typographical updates.
  • Section 3: to make clear that a Deputy Monitoring Officer may undertake the Monitoring Officer functions in the Monitoring Officers stead as necessary.
  • Section 3: to make changes to the Data Protection and privacy sections to comply with changes in the law and to ensure the processes remain relevant and appropriate in this regard.
  • Section 5: to include new paragraph on Conflicts of interest.

Complainants who disagree with the Monitoring Officer's initial assessment have limited recourse. The decision of the Monitoring Officer on whether to investigate a complaint, seek informal resolution or take no further action is final and is not subject to an internal right of appeal or review. Parties affected by the decision do however retain their rights to approach the Local Government and Social Care Ombudsman or seek legal redress if they remain dissatisfied.