Present:-

Councillors Gribble (Chairman), Chugg, Colthorpe, Connett, Hill and Moulding

Mrs Mayes

Apologies:-

Councillor Barisic and Alderman Turner and Mr Bull and Mrs Saltmarsh

*7 Minutes

RESOLVED that the minutes of the meeting held on 4 November 2013 be signed as a correct record.

*8 Local Government Ombudsman: Complaints

The Committee considered the joint report of the Ombudsman Link Officer and Head of Business Strategy and Support Services (BSS/14/8 - text only | pdf BSS/14/8) summarising complaints lodged with and/or determined by the Ombudsman in 2013/14.

The Ombudsman Link Officer advised that the Ombudsman had, as part of revised ways of working, revised the definition of local settlement and was now more frequently using the terms injustice and maladministration and the term at fault even where action recommended had been taken. Accurate comparisons between this and previous years were not therefore possible at this stage. While the Council had been found at fault on 10 occasions during the year, the Link Officer was of the view that 7 of those would previously have been regarded simply as a local settlement rather than failure. This more stringent approach was not exclusive to Devon; other Council s were reporting the Ombudsman s more robust approach.

Members nonetheless noted that none of the complaints received had resulted in any question of probity raised by a complainant nor had the Ombudsman raised any significant areas of concern in relation to the handling of cases.

Members also noted that the Ombudsman had recently published a review of adult social care complaints across the Country outlining the challenges faced by Council and other providers in delivering accessible, effective and accountable services. This Report included reference to all adult social care complaints, including Blue Badge applications and, in comparison with other local authorities, Devon was below the average dissatisfaction rating produced by the Ombudsman.

It was MOVED by Moulding SECONDED by Councillor Chugg, and

RESOLVED

(a) that the complaints made to the Local Government Ombudsman referred to the Council during 2013/14 and their outcomes be noted;

(b) that arrangements be made in future for all Members of this Committee and Councillors to be made aware of any formal findings of maladministration or failure by the Ombudsman.

*9 Corporate Feedback Monitoring Report

The Committee considered the Report of the Head of Business Strategy and Support Services (BSS/14/7 - text only | pdf BSS/14/7) on compliments, representations and complaints received and handled by the Council during the fourth quarter of 2013/14.

In response to questions posed during discussions Officers undertook to circulate all Members of the Committee, within the next two weeks, with fuller information on the targets for handling and responses for Childrens Social Care Stage 1 Complaints and the actual number of Child Protection Conferences referred to in the Report now submitted.

It was MOVED by Councillor Connett, SECONDED by Councillor Moulding and

RESOLVED that while noting the report on feedback during the fourth quarter of 2013/14 concern be expressed at the time taken to deal with Childrens Social Care Stage 1 Complaints and that an update on action being taken to improve response times be made to the next meeting.

*10 Ethical Governance Framework

(a) Monitoring

The Committee considered the report of the County Solicitor (CS/14/16 - text only | pdf CS/14/16) summarising the feedback from Co-opted Members of this Committee on their attendance at meetings of the Council, Cabinet and Committees since the previous meeting to monitor compliance by Members and Officers with the Council s ethical governance framework.

The Committee were pleased to note that there had been no areas of significant concern or any indication of actions or behaviours that might be felt to have resulted in a potential breach of the Code.

It was MOVED by Councillor Hughes, SECONDED by Councillor Colthorpe and

RESOLVED that the report be noted.

(b) Survey

The County Solicitor reported that, as previously agreed and identified in the Committee's Annual Report for 2013/14, a second ethical governance audit and self assessment survey had recently been undertaken, of both County Councillors and Senior Officers, as a means of assessing, inter alia, how the County Council meets the ethical agenda, how it and members and officers conform to the Council s ethical standards and whether or not any improvements might be needed.

An analysis of the outcome of the survey would be reported to the next meeting of the Committee. Responses had been received from 59% of those approached.

*11 Local Determination of Complaints: Case Handling Information

The County Solicitor reported that, since the last meeting, nine complaints concerning alleged breaches of the Members Code of Conduct had been received relating to the responses by individual members give during consultations on youth and adult services. Following an initial assessment of each complaint and consultation with an Independent Person appointed by the Council it had been agreed that no further action should be taken on the complaints on the basis that the allegations would not be a breach of the Code of Conduct and, accordingly, could not therefore be investigated. A further complaint had been received which was currently being investigated (Minute 13 below refers).

*12 Exclusion of the Press Public

It was MOVED by Councillor Gribble, SECONDED by Councillor Chugg, and

RESOLVED that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Schedule 12A of the Act namely information relating to an individual and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

*13 Allegation of Breach of Members Code of Conduct

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded).

The County Solicitor reported on a complaint received against a County Councillor of an alleged breach of the Members Code of Conduct. Given the nature of the complaint the option of a local settlement had not been felt to be applicable in this case and, as required, and following consultation with the Independent Person a formal investigation was being undertaken.

The Report of the Investigating Officer (when published) would therefore need to be considered, alongside the further views of the Independent Person, to enable a decision on what action, if any, should be taken on the basis of the evidence available.

It was MOVED by Councillor Gribble, SECONDED by Councillor Connett, and

RESOLVED that the position be noted and arrangements be made for a Hearing Sub-Committee to be convened as soon as practicable (comprising the Chairman, Councillors Hill and Moulding and Mrs Mayes and Mr Bull or Mrs Saltmarsh) to consider the Investigating Officer s Report and advise this Committee accordingly.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.02pm.

The Minutes of this Committee are published on the County Council s Website at:-