Leading up to our investigation
The information on this page is divided into the following sections:
When does an allegation become an investigation?
We may refer an allegation to an ethical standards officer if we are satisfied that the allegation falls within our legal jurisdiction and believe the matter should be investigated.
When a matter is referred to an ethical standards officer, it does not mean that we believe the allegation is true. It simply means that we believe the alleged conduct, if proven, may amount to a failure to comply with the Code of Conduct and therefore should be investigated.
What is an ethical standards officer?
An ethical standards officer is someone empowered by the Local Government Act 2000 to investigate allegations referred to him or her by the Standards Board for England that a member or co-opted member of a relevant authority in England has failed to comply with his or her authority's Code of Conduct.
Ethical standards officers conduct each investigation impartially and make the decisions.
Who conducts the investigation?
Allegations referred to be investigated may be investigated by an ethical standards officer or referred to the monitoring officer of the relevant local authority to be investigated locally.
Alternatively, in certain circumstances, an ethical standards officer may decide to issue a direction to the monitoring officer to take certain other action.
How will an ethical standards officer conduct the investigation?
The ethical standards officer determines the appropriate way to investigate an allegation. This depends upon the circumstances of each individual case. However, we conform with good practice in relation to the planning and conduct of investigations.
What can the ethical standards officer investigate?
The ethical standards officer will specifically investigate the allegations referred to him or her by the Standards Board for England. In addition, Section 59(1)(b) of the Local Government Act 2000 gives the ethical standards officer the power to investigate other matters which may amount to a breach of the Code of Conduct that come to his or her attention during the course of an investigation.
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