Agenda and minutes

There were no declarations of interest.

a)  To agree the Minutes of the previous meeting held on 8 October, 2020

b)  Any matters arising

The Minutes of the meeting held on 8 October, 2020 were agreed and signed as a true record.

There were no matters arising.

Report of the Deputy Chief Executive

The Committee considered a report of the Deputy Chief Executive which set out the number, trends and outcomes of complaints to the Local Government and Social Care Ombudsman (LGSCO) relating to Coventry City Council in 2019/20. It focused on upheld complaints, service areas with a high number of complaints, compliance with the Ombudsman’s recommendations, learning from complaints, and how the Council compared to previous years and to other local authorities.

The LGSCO was the final stage for complaints about Councils, all adult social care providers (including care homes and home care agencies) and some other organisations providing local public services. It was a free service that investigated complaints in a fair and independent way and provided a means of redress to individuals for injustice caused by unfair treatment or service failure.

Coventry City Council’s complaints policy set out how individual members of the public could complain to the Council as well as how the Council handled compliments, comments and complaints. The Council informs individuals of their rights to contact the LGSCO if they are not happy with a Council decision after they have exhausted the Council’s own complaints process.

Every year the LGSCO issues an Annual Letter to the Leader and Chief Executive of every Council summarising the number and trends of complaints dealt with in each Council that year. The latest letter issued July 2019, covers complaints to Coventry City Council between April 2019 and March 2020 (2019/20). Mid-March 2020 saw an abrupt pause to the Ombudsman’s casework in response to the exceptional operational challenges local authorities and care providers faced because of the Covid-19 pandemic. The Ombudsman resumed some casework at the end of May and started taking new complaints again at the end of June 2020.

Th report sets out the number, trends and outcomes of complaints to the LGSeCO relating to Coventry City Council in 2019/20. In particular, it focuses on upheld complaints, service areas with a high number of complaints, compliance with Ombudsman’s recommendations, learning from complaints, and how we compare to previous years and other local authorities.

RESOLVED that the Ethics Committee:-

1.  Notes the Council’s performance in relation to complaints to the LGSCO.

2.  Notes the Council complaints process and guidance.

Report of the Director of Law and Governance

The Committee considered a report of the Director of Law and Governance which indicated that the Conference and Travel Protocol at Part 4E of the Constitution sets out the procedure for Councillors wishing to attend conferences, seminars or fact-finding visits or inspections. It also deals with foreign travel by both Councillors and employees. The Protocol had not been reviewed for some years.

As part of a wider review of the Constitution, Council on 8 September 2020 resolved that:

(a)  The Conference and Travel Protocol be removed from the

Constitution;

  (b) Officers be authorised to produce a policy for the approval of conference and travel  costs for members and officers;

(c)  Once drafted, the policy be approved by Ethics Committee;

(d)  A register of travel and conference attendance costing more than £500 and all travel outside of the UK be maintained and published; and

(e) The register of travel and conference costs be scrutinised by Ethics Committee twice a year.

Attached as an Appendix to the report was a draft revised Conference and Travel Policy for consideration and approval by the Committee. The purpose of the new policy is to ensure that there is clarity and transparency in the process, not to increase or decrease the cost such activities. Therefore, it is not expected that there will be any financial implications arising from the recommendations of this report.

The draft Policy provides that:

·  travel and conference attendance for officers and members requires the approval of the appropriate budget holder;

·  the requirement for members to seek Cabinet Member approval for attendance at conference is removed (subject to the approval of the appropriate budget holder)

·  any expenditure which is likely to be £500 or more (including subsistence costs) must be entered onto a public register, together with all travel outside the UK; and

·  the register will be scrutinised by the Committee twice a year, which is in line with its current practice on scrutiny of gifts and hospitality received by members and officers.

The introduction of a public register and scrutiny by the Committee provides a measure of openness and transparency which is not present in the current Protocol. For example, having a register online will make it easier for members of the public to see the extent of travel and attendance at conferences than at present.

The Committee sought clarification on a number of points, particularly in relation to to Cabinet Members being involved in the decision- making process.

In relation to this, it was proposed that the draft Policy be amended to require that approval for attendance by budget holders be undertaken following consultation with the relevant Cabinet Member.

It was also noted that Members of Scrutiny would be able to view the public register and clarified that Councillors may still be required to submit a report to Scrutiny outlining the benefits of attendance at any conference etc where the cost to the City Council, including travel and subsistence costs does not exceed £500.   

RESOLVED that, subject to the amendments detailed  ...  view the full minutes text for item 20.

Report of the Director of Law and Governance

The Committee considered a report of the Director of Law and Governance which indicated that they had requested that Civility and Intimidation in Public Life remains part of the Committee’s Work Programme.

The Local Government Association  (LGA)  has been coordinating a  programme of work entitled ‘Civility in Public Life’ primarily aimed at:

·  articulating good standards for anyone engaging in public and political discourse

·  understanding the scale and impact of intimidation and abusive behaviour on membership organisations, and develop recommendations for achieving positive debate and public decision-making on a local level

·  supporting LGA members and all democratically elected local representatives in addressing intimidation and abuse, so they deliver the best on behalf of their communities

Improving digital citizenship is a key element of the LGA’s civility in public life work and is becoming increasingly important as our daily interactions continue to take place online and new technologies of information are constantly used to facilitate communication with citizens, officers and councillors. Online abuse and intimidation of local councillors and supporting officers working with them is a major challenge to local democracy and to the diversity of our local representatives.

The LGA has published a Councillors guide to handling intimidation that provides practical steps that elected members and the Council can take to protect persons in public position.

Before the Covid pandemic a piece of work was being undertaken, sponsored by the Cabinet Member for Policing and Equalities, on the Consultation outcome that  looked at challenges for City Council elected members and how to support participation in public service. More recently this work has been picked up in the review of the offer to elected members around member support as a result of a different emerging landscape for elected members to operate in post Covid.

A consultation “Leader of our Communities – can we improve our service” was sent to all Members. Overall, there were 31 responses received to the survey out of a possible total of 54. Responses from the consultation included experiences of intimidation and what support would help in managing or preventing such situations. These consultation responses have been evaluated and are informing a targeted approach to supporting Members in this area. One part of the proposed response being to raise awareness of the LGA guidance on intimidation and harassment alongside additional local protocol and guidance. Further actions being considered include a review of the social media policy to include responses to online harassment.

Civility in public life is also supported thought adherence to the requirements of the Code of Conduct for Elected and Co-opted Members in treating others with respect. This is enhanced in the new model code of conduct that the LGA is proposing to be adopted at its board meeting in December and which the Committee will be considering.

RESOLVED that the Ethics Committee:-

1.  Notes the work that has been undertaken by the LGA in promoting civility in public life

2.  Support the work that is taking place locally to adopt  ...  view the full minutes text for item 21.

Report of the Director of Law and Governance

The Committee considered a report of the Director of Law and Governance which provided an update on national issues in relation to the ethical behaviour of elected Members and the local position in Coventry with regard to Code of Conduct issues.

The Committee on Standards in Public Life has written to all local councils asking them to complete a questionnaire on progress against the 15 Best Practice Recommendations included in its January 2019 report on standards in local authorities. Attached as the Appendix to the report was the questionnaire completed on behalf of the Council.

The consultation by the Local Government Association (LGA)  on its draft Model Code of Conduct ran from 8 June to 17 August 2020. The LGA has indicated that there has been overwhelming support for the draft Code. Some of the main points to come out of the consultation are:

·  Whether the Code should be written in the first or third person

·  Respect or civility?

·  More emphasis on social media and confidentiality

·  Threshold for gifts and hospitality

·  Examples needed to accompany the guidance

·  Obligation to comply with the Equality Act

·  Obligation to co-operate with an investigation

·  Compulsory training for members

·  Sanctions

The revised draft Code was considered at a LGA Councillors Forum on 22 October and a final version will be presented to the LGA Board for approval on 3 December. The final Code will then be published. Subject to the Committee’s approval, the Committee’s Work Programme has been amended to include an additional meeting in mid-January 2021 to consider a new Code of Conduct based on the LGA Model.

The report also provided details of complaints under the Code of Conduct received by the Monitoring Officer.

RESOLVED that the Ethics Committee:-

1.  Notes the cases determined under the standards regime nationally;

2.  Notes the local position relating to the operation of the Council’s Code of Conduct and to delegate any actions arising from these to the City Solicitor and Monitoring Officer, in consultation with the Chair of the Ethics Committee: and

3.  Agrees to an additional meeting of the Committee being held in mid-January 2021 to consider a new Code of Conduct based on the Model Code of Conduct  to be published by the Local Government Association.

Report of the Director of Law and Governance

The Committee considered a report of the Director of Law and Governance which set out the previously approved Work programme for the Committee for the remainder of the Municipal Year 2020/21. The Work Programme again included a separate table showing the actions to be taken in connection with the Committee on Standards in Public Life’s Best Practice Recommendations for local authorities contained in its report of January 2019.

RESOLVED  that the Committee notes the Work Programme.

There were no other items of urgent business.