Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will bring forward legislative proposals to enable local authorities to apply sanctions to councillors found to have broken the Local Government Association’s model code of conduct.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, with reference to the Government response to the Committee on Standards in Public Life review of local government ethical standards, published on 18 March 2022, if he will make an assessment of the potential merits of reviewing that response and implementing the recommendations of the review.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, how many complaints were submitted to the Local Government and Social Care Ombudsman about council officers in the last 12 months.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what mechanisms exist to ensure that in cases which are referred to local government monitoring officers, full and fair consideration is given to the legal merits of the case; and if he will make an assessment of the extent to which the difficulty and expense to a member of public of seeking a Judicial Review of the decision in such a case may be impeding access to justice.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what steps his Department is taking with local authorities and their representative organisations to help ensure that local government is supported in reinforcing its reputation for ethical local standards.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Karin Smyth (Labour - Bristol South)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, whether he has had discussions with the Local Government and Social Care Ombudsman on reviewing the efficacy of carer’s assessments.
Answered by Helen Whately - Minister of State (Department of Health and Social Care)
There have been no specific discussions.
Asked by: Karin Smyth (Labour - Bristol South)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what steps she is taking to ensure all care home residents are able to receive visits from at least one visitor when there are visitor restrictions within the home in which they reside.
Answered by Neil O'Brien
The Government’s guidance states that every care home resident should be able to receive at least one visitor when outbreak restrictions are in place.
If a resident or their family have concerns that a care home is not following the guidance appropriately, these should be raised with the service provider in the first instance. The Local Government and Social Care Ombudsman or the Care Quality Commission can also investigate such concerns where it cannot be resolved locally.
Asked by: Alex Sobel (Labour (Co-op) - Leeds North West)
Question to the Department for Education:
To ask the Secretary of State for Education, what the proposed routes of appeal are against the School Attendance Orders available for parents under the Schools Bill.
Answered by Jonathan Gullis
The Schools Bill has not proposed any changes to the route of appeal available to parents against School Attendance Orders.
Once parents have applied for revocation to the local authority, on the basis that their child will receive suitable education out of school and had that application refused, parents can appeal to the Secretary of State to overrule a local authority’s refusal to revoke a School Attendance Order.
There are other routes of complaint available for parents, which includes: the Local Government and Social Care Ombudsman when a parent believes a local authority has not acted as per law and guidance; and the Education Act 1996 gives the Secretary of State powers to intervene when a local authority exercises their functions unreasonably or fails to comply with duties under that Act.
Asked by: Feryal Clark (Labour - Enfield North)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, whether he has plans to improve the NHS complaints system.
Answered by James Morris
The Government is working with the Parliamentary and Health Service Ombudsman (PHSO) to improve the complaints process in the National Health Service. The PHSO’s NHS Complaints Standards provide guidance for complaints handlers, including how complaints and concerns can be responded to efficiently and effectively. Following the launch of the NHS Complaint Standards in 2021, the PHSO is currently developing and piloting supporting materials and training with a range of NHS organisations, to embed the Standards in local complaints processes. This is due for completion by the end of 2022, with the final materials deployed in the NHS in 2023.
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department intends to publish a response to the 2015 consultation to extend the remit of the Local Government Ombudsman to certain parish and town councils.
Answered by Kemi Badenoch - President of the Board of Trade
The 2015 consultation regarding the remit of the Local Government and Social Care Ombudsman (LGSCO) was overtaken by the development of the Public Service Ombudsman Bill. The Government has no plans at this time to introduce the 2016 Public Service Ombudsman Bill to Parliament.
The LGSCO has published its Triennial Review for the 2021-24 period in December, which contains proposals to extend its remit to include certain parish and town councils. The Government is considering the Triennial Review’s proposals and will respond in due course.