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Councillor Complaints

• Complaints about our services

A guide to making a complaint about a councillor of either the District, Town or Parish Councils within the area of Dover District

Councillors are elected by the general public to represent the constituents of a Ward. Each Council has its own Code of Conduct to which councillors must adhere. Councillors should conduct themselves in a way that is beyond reproach. However if you believe that a councillor has breached the Code of Conduct this page explains how to make a complaint and how your complaint will be dealt with.

The District Council takes all complaints seriously and it is our experience that many complaints can be resolved quickly and effectively on an informal basis. Our complaints team would welcome the opportunity to help put things right for you at an early stage without the need for a formal complaint. To discuss you complaint further please contact:

Sue Carr, Professional Standards Officer, telephone (01304) 872322

How to make a complaint

If our complaints team cannot address the problem for you the law gives you the right to make a formal complaint. To do this you need to send your complaint in writing using the form below:

• Councillor complaint form (Word format)
• Councillor complaint form (PDF format)

Please send the form marked confidential, to:

Chairman of the Initial Assessment Sub-Committee,
C/o The Professional Standards Officer,
Dover District Council,
White Cliffs Business Park,
Dover, Kent CT16 3PJ.

Please ensure that when submitting your complaint you provide sufficient information for Dover District Standards Committee to determine whether an investigation or other action is warranted.

Who you can complain about

You can complain about elected councillors, or co-opted members of all of the authorities within the Dover District listed below. (A co-opted member is a voting member of a council or one of its committees, who was appointed to their position rather than being elected.)

The councils we cover are:

• Dover District Council
• Deal Town Council
• Dover Town Council
• Sandwich Town Council
• Alkham Parish Council
• Ash Parish Council
• Aylesham Parish Council
• Capel-le-Ferne Parish Council
• Denton-with-Wootton Parish Council
• Eastry Parish Council
• Eythorne Parish Council
• Goodnestone Parish Council
• Great Mongeham Parish Council
• Guston Parish Council
• Hougham Without Parish Council
• Langdon Parish Council
• Lydden Parish Council
• Nonington Parish Council
• Northbourne Parish Council
• Preston Parish Council
• Ringwould-with-Kingsdown Parish Council
• Ripple Parish Council
• River Parish Council
• St Margaret's-at-Cliffe Parish Council
• Shepherdswell-with-Coldred Parish Council
• Sholden Parish Council
• Staple Parish Council
• Stourmouth Parish Council
• Sutton-By-Dover Parish Council
• Temple Ewell Parish Council
• Tilmanstone Parish Council
• Walmer Parish Council
• Whitfield Parish Council
• Wingham Parish Council
• Woodnesborough Parish Council
• Worth Parish Council

We can only consider complaints about individual councillors or members. We cannot consider complaints about the council as a whole or about people employed by it.

ABOUT THE CODE OF CONDUCT

Each council has adopted its own Code of Conduct, based on a Model Code of Conduct approved by Parliament. If you would like a copy of a particular council's Code of Conduct please contact that council direct.

• Code of conduct

What you can complain about

You can complain about a councillor breaking any part of their council's Code of Conduct. This includes:

• unlawfully discriminating against someone
• failing to treat people with respect
• bullying and intimidation
• doing something to prevent those who work for the council from being impartial
• revealing information that was given to them in confidence, or stopping someone getting information they are entitled to by law
• damaging the reputation of their office or council
• using their position improperly, to their own or someone else's advantage or disadvantage
• misusing the council's resources
• allowing the council's resources to be misused for the activities of a political party
• failing to register financial or other interests
• failing to reveal a personal interest at a meeting
• taking part in a meeting or making a decision where the councillor has an interest that is so significant that it is likely to affect his or her judgment
• failing to register any gifts or hospitality they have received in their role as a councillor, worth over £25

What we cannot investigate

An Act of Parliament has set out the types of behaviour that can be investigated. There are some complaints that cannot be investigated, including:

• complaints where a councillor is not named
• complaints that are not in writing
• acts carried out in a councillor's private life when they are not carrying out the work of the council, except in circumstances where the act has lead to a criminal conviction, and even then only in relation to certain provisions of the Code of Conduct
• incidents or actions that are not covered by the Code of Conduct
• incidents that are about a fault in the way the council has or has not done something – this is something that may be dealt with by a different complaint procedure
• complaints about people employed by local councils – this would be dealt with by the employer
• incidents that happened before a councillor was elected
• incidents that happened either before the authority adopted its local Code of Conduct or before 5 May 2002, whichever is earlier
• complaints about the way in which the council conducts and records its meetings.

Before you complain

Before you send us your complaint, you should be aware that we are unlikely to be able to keep your identity confidential from the person about which you are making the complaint.

In the interests of fairness and natural justice, we believe councillors who are complained about have a right to know who has made the complaint. We also believe they have a right to be provided with a summary of the complaint.

Details of the complaint will be given to:

• the Monitoring Officer of Dover District Council and his staff in order to handle the matter
• Members of the Standards Committee
• the councillor(s) you are complaining about
• the parish or town clerk (if applicable)

We will tell them your name and give them a summary of your complaint. We will give them full details of your complaint where necessary or appropriate to be able to deal with it. If you have serious concerns about your name and a summary, or details of your complaint being released, please complete Section 5 of the complaint form.

We are unlikely to withhold your identity or the details of your complaint unless you have good reason to believe that:

• It would pose a risk to your physical or mental well-being
• The councillor subject to the allegation could put undue pressure upon you or bully you

Details in support of your request to withhold your identity will be required for consideration by the Initial Assessment Sub-Committee of the Standards Committee. Please note that requests for confidentiality or requests for suppression of complaint details will not automatically be granted. The Initial Assessment Sub-Committee 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.

What happens to your complaint?

When we receive your complaint, we will write to you to let you know that we have received it. Your complaint will then be referred to the Initial Assessment Sub-Committee of the Standards Committee. The Initial Assessment Sub-Committee will decide either to:

• Take no action in respect of the complaint
• Refer the complaint for local investigation
• Refer the complaint to the Standards Board for England
• Take other action

In assessing your complaint the Initial Assessment Sub-Committee will use the following principles and criteria:

Principles

• All complaints against members are taken seriously.
• The investigation of a complaint will cost public money, and officer and the Standards Committee ' s time.
• The Standards Committee must ensure that there is a clear public benefit before recommending the investigation of a complaint.
• All complaints will be treated in a fair and balanced manner.
• The member subject to the complaint must be a member of the district, town or parish council within Dover District.
• Complaints relating to acts carried out in a member's private life when not carrying out their councillor role will not usually be investigated.

Criteria

• Sufficient information is available to enable the Initial Assessment Sub-Committee to determine whether a potential breach of the Code has occurred.
• It is serious enough, if proven to justify the range of sanctions available to the local Standards Committee or the Adjudication Panel for England.
• It is part of a continuing pattern of less serious misconduct that is unreasonably disrupting the business of the district, town or parish council and there is no other avenue left to deal with the matter, other than by investigation.
• The complaint or a substantially similar complaint has not already been the subject of an investigation or other action relating to the Code of Conduct by Dover District Standards Committee or another regulatory authority.
• The complaint is timely, relating to a recent event and the necessary evidence can realistically be gathered.
• The complaint has substance and warrants further action.
• The complaint is not malicious or politically motivated. (If it is malicious or politically motivated it is unlikely to be investigated unless it also raises serious conduct matters.)
• Anonymous complaints include documentary or photographic evidence indicating an exceptionally serious or significant matter.

You will be kept advised as to decisions taken and progress on your complaint.

The Investigation

If the Initial Assessment Sub-Committee refers your complaint for local or Standard Board for England investigation you will have an opportunity to provide the investigator with any further detailed information or documents that you consider to be relevant, so therefore please avoid sending us large amounts of background information with your complaint.

At the end of an investigation the complaint will be referred to either Dover District Standards Committee or the Adjudication Panel for England.

A STANDARDS COMMITTEE is a panel made up of councillors of the District and Town and Parish Councils and at least three people who are independent of it. They are intended to be above party politics. They can decide if there has been a breach of the Code, and if so what penalty to impose. The Standards Committee can suspend a councillor for up to six months.

THE ADJUDICATION PANEL FOR ENGLAND is an independent tribunal that can decide if there is a breach of the Code and if so what sanctions to apply. It has the power to suspend a councillor from a council or particular activities for up to one year, or disqualify them from holding office for up to five years. It is not able to award damages or compensation.

Additional Help

Complaints must be submitted in writing. This includes fax and electronic submissions. 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. However, we recommend that you always try to find a friend or relative who can speak or read English to help you with your enquiry initially. This will help both you and us to deal with your needs more effectively.

If you need advice or any support in completing this form, please contact Sue Carr, Professional Standards Officer, telephone (01304) 872322 as soon as possible or contact your local Citizens Advice Bureau, Law Centre or other advice centre.

Contact Democratic Services

Tel: 01304 872304
E-mail: democraticservices@dover.gov.uk

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