Agenda Item No 8

The Vale of Glamorgan Council

Standards Committee: 20th September, 2018

Report of the Monitoring Officer/Head of Democratic and Legal Services

Adjudication Panel for Wales Sanctions Guidance

Purpose of the Report

1. To apprise Members of information received from the Adjudication Panel for Wales.

Recommendation

THAT the report be noted.

Reason for the Recommendation

To apprise Committee.

Background

2. The Guidance has been issued by the President of the Adjudication Panel for Wales (APW) using powers available to her under the Local Government Act 2000.  Its primary purpose is to assist the APW's case, appeal and interim case tribunals when considering the appropriate sanction to impose on a member, or former member, who is found to have breached their authority's Code of Conduct.
3. This Guidance describes

(i)        the role of the ethical framework and Code of Conduct in promoting high public standards amongst members of Councils, Fire and Rescue Authorities, and National Park Authorities in Wales;

(ii)       the role of the Adjudication Panel for Wales (APW) and the purpose of the sanctions regime;

(iii)       the approach to be taken by its tribunals in determining sanction following a finding that the Code has been breached.

4. The purpose of sanctions and this Guidance are built on the values that underpin the Code of Conduct, in particular the fundamental importance of promoting the highest standards in local public life.  The Guidance aims to assist tribunals in determining sanctions that are, in all cases, fair, proportionate and consistent.

Relevant Issues and Options

5. The Guidance has been developed by members of the Adjudication Panel for Wales in consultation with the Public Services Ombudsman for Wales, Monitoring Officers and other interested parties, stating that the approach to be taken by case, appeal and interim case tribunals of the Adjudication Panel for Wales in order to reach fair, proportionate and consistent decisions on the sanctions that should be applied in relation to individuals in breach of the local Code of Conduct. 
6. The Guidance. attached at Appendix 1, came into effect on 1st September, 2018 and is provided for Members information.

Resource Implications (Financial and Employment)

7. None as a direct result of this report.

Sustainability and Climate Change Implications

8. None as a direct result of this report.

Legal Implications (to Include Human Rights Implications)

9. None as a direct result of this report.

Crime and Disorder Implications

10. None as a direct result of this report.

Equal Opportunities Implications (to include Welsh Language issues)

11. None as a direct result of this report.

Corporate/Service Objectives

12. None as a direct result of this report.

Policy Framework and Budget

13. Not applicable.,

Consultation (including Ward Member Consultation)

14. Not applicable.

Relevant Scrutiny Committee

15. Not applicable.

Background Papers

Contact Officer

Mrs. K. Bowen, Principal Democratic and Scrutiny Services Officer

Officers Consulted

Responsible Officer:

Ms. D. Marles

Monitoring Officer/Head of Legal and Democratic Services