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Procedure for making a complaint against a Councillor for  Breach of the Local Code of Conduct

From the 8 May 2008, the Standards Committee of Maldon District Council is responsible for receiving complaints about the possible breach of the Local Code of Conduct of District Councillors of Maldon District Council and all Town/Parish Councillors that serve on Town Councils and Parish Councils within the District of Maldon. Prior to this date, complaints were made to a national body called the Standards Board for England. This body still exists but now has more of a monitoring role of how the Standards Committee is carrying out its new role. All complaints about County Councillors should be made to Essex County Council.

1. Should I make a complaint?
2. What is the Local Code of Conduct?
3. How do I complain?
4.
What happens when I have made my complaint?
5. Will the Councillor be told that I have made a complaint?

1. Should I make a complaint?
You should only make a complaint against a Councillor if you think that he/she may have breached the Local Code of Conduct. This deals with behaviour such as, for example:
* Bullying
* Failing to respect others
* Misuse of the Council's resources
* Failure to disclose a personal/prejudicial interest in a matter
* Unlawfully disclosing confidential information
* Misuse of the office of councillor to improperly benefit somebody.

2. What is the Local Code of Conduct?
We suggest that you read through the Local Code before deciding to make a complaint. It covers other matters not detailed in question 1.
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3. How do I complain?
You should use the Complaints Form which sets out the information we require. This will help the Standards Committee decide whether your complaint should be investigated. The form provides guidance on the information required which is not repeated here. You should also refer to the Investigation and Referrals Policy before deciding to make a complaint. 
Once completed, the form will be automatically e-mailed to the Monitoring Officer. Should you have any difficulties completing the form, contact the
Monitoring Officer on 01621 875751.
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4. What happens when I have made my complaint?
The Standards Committee will;
A/ Acknowledge your complaint;
B/ Decide whether the complaint should be investigated, referred for other action or that no action should be taken. The Committee will aim to make this decision within 20 working days of receiving your complaint;
C/
 Let you and the Councillor complained about know the result of that initial assessment;
D/ If a decision is made that no action should be taken you can make a written request for that decision to be reviewed. The request should be made within 30 days and the Committee will aim to deal with the request within 20 working days;
E/ If the matter is referred for investigation or for other action then that will be carried out and you may be interviewed; there are no time estimates because this will depend on the complexity of the complaint;
F/ A report will be made to the Commitee and you will be informed of the outcome.
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5. Will the Councillor be told that I have made a complaint?
In the interests of fairness the Councillor will be told about the complaint and that you are the person that has made the complaint, although your contact details will not be given to him/her. If there are very good reasons for your name not be given to the Councillor then the Standards Committee may decide that your name will not be passed on. This is dealt with in greater detail in the Complaint Form.
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