Standards Bulletin June 2025

This edition of the Standards Bulletin for North Yorkshire Council sets out the latest developments in the national standards regime, particularly in relation to the work by the Committee on Standards in Public Life and the Local Government Association.

Members will continue to be kept informed of all ethical framework developments.

Should you wish to discuss any standards matter, please do not hesitate to contact the Monitoring Officer or any of his team.

Councillor Clive Pearson
Chair of the Standards and Governance Committee

In this issue:

members’ expenses
interests' regime
sensitive interests
bias, predetermination, predisposition
members’ gifts and hospitality
social media and the members’ code of conduct

Standing guidance for members

Members’ expenses

Members are reminded to include sufficient details in their expense claims and to submit them in a timely manner to avoid submitting multiple claims at the same time where possible.

Members should have regard to the current scheme of approved duties and the protocol on members’ attendance at conferences published in part 6 of the constitution, published on our decision making at the council page.

Interests’ regime

Under the council’s code of conduct for members, the following interests’ regime applies.

Registration of interests

Members must register the following interests within 28 days of election/appointment:

disclosable pecuniary interests of the member and their spouse/partner who they live with and
other registrable interests (ORIs) of the member and keep their interests under review, registering any changes within 28 days

A pecuniary interest is a disclosable pecuniary interest (DPI) if it is of a description specified in regulations, for instance:

employment, office, trade, profession or vocation (for profit or gain)
sponsorship
contracts
land
licenses
corporate tenancies
securities

Please see the Code for the detailed descriptions.

And either:

(a) it is the member’s interest or

(b) an interest of the member’s spouse or civil partner or a person with whom the member is living with as such and the member is aware of the interest

Members may request to have, for example, their home address treated as sensitive and not disclosed in the register of interests or in their contact details on the council website if they feel this is necessary for their personal safety or that of someone connected to them.

Please see the later section in the bulletin on sensitive interests and contact the Monitoring Officer to discuss any concerns in this regard.

Should members have any immediate concerns around member safety, please contact the Head of Democratic Services and Scrutiny to discuss.

Other registrable interests (ORIs) are:

1. Unpaid directorships.

2. Any body of which you are a member or are in a position of general control or management and to which you are nominated or appointed by your authority.

3. Any body:

exercising functions of a public nature
directed to charitable purposes or
one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union/professional association)

of which you are a member or in a position of general control or management.

The register of members’ interests is maintained by the Monitoring Officer and is generally available for public inspection during office hours at County Hall, Northallerton. It is published on our your councillors page.

Members must, within 28 days of becoming aware of a new interest or a change to an existing interest, register the necessary details electronically via the ModGov committee software system.

Participation re interests

Disclosable pecuniary interests (DPIs)

A member may not participate in the discussion of, or vote on, council business directly relating to a disclosable pecuniary interests and must declare the existence and nature of the interest and withdraw from the meeting room at the start of the item (unless a dispensation is granted).

Other registrable interests (ORIs)

Where a matter arises at a meeting which directly relates to the financial interest or wellbeing of one of the member’s other registrable interests, then the member must declare the existence and nature of the interest, can speak on the matter if the public can and then must withdraw from the meeting room (unless a dispensation is granted).

Non-registrable interests (NRIs)

These are interests which are not required to be registered in the register of members’ interests (for instance, interests other than disclosable pecuniary interests and other registrable interests):

which directly relate to the member’s financial interest or wellbeing, or that of a relative or close associate (of which the member could reasonably be expected to be aware) or
which affect the member’s financial interest or well-being or that of a relative or close associate or of a body included under other registrable interests (of which the member could reasonably be expected to be aware)

For non-registrable interests falling under category 1 above, the member must declare the existence and nature of the interest, can speak on the matter if the public can and then must withdraw from the meeting room (unless a dispensation is granted).

For non-registrable interests falling under category 2 above, the member must declare the existence and nature of the interest, and then consider the ‘prejudicial interest’ test to determine if and how they may participate:

where the matter affects the financial interest or wellbeing more than it affects that of the majority of inhabitants of the ward affected and a reasonable member of the public knowing all the facts would believe that it would affect the member’s view of the wider public interest, then the member can speak if the public can, but must not take part in any discussion/vote and must leave room (unless a dispensation is granted)
where the matter does not so affect the financial interest or wellbeing, then the member may speak and vote in the usual way

If a dispensation is granted to a member, the member must still declare the existence and nature of the interest and the fact they are relying on a dispensation to the meeting.

What is the difference between ‘relates to’ and ‘affects’?

Something ‘relates to’ a member’s interest if it is directly about it, for example, the matter being discussed is an application about a particular property in which the member or somebody associated with them or an outside body they have registered has a financial interest.

‘Affects’ means the matter is not directly about that interest but nevertheless, the matter has clear implications for the interest – for example, it is a planning application for a neighbouring property which will result in it overshadowing the member’s property. An interest can of course affect you, your family or close personal associates positively and negatively. So, if you or they have the potential to gain or lose from a matter under consideration, an interest would need to be declared in both situations.

Please note:

A member commits a criminal offence if, without reasonable excuse, they

fail to:
- register disclosable pecuniary interests
- disclose an interest to a meeting where required
- notify the Monitoring Officer of an interest disclosed to a meeting
participate in any discussion or vote where prohibited
an individual member decision taker takes any steps in relation to a matter where prohibited

A member also commits a criminal offence if, in relation to the registration/disclosure of disclosable pecuniary interests, they provide information that is false or misleading and:

know that the information is false or misleading, or
are reckless as to whether the information is true and not misleading

A court may also disqualify the person, for a period not exceeding five years, for being or becoming (by election or otherwise) a member or co-opted member of the relevant authority in question or any other relevant authority.

Please therefore keep your interests form under review to ensure it is up to date.

Interests’ issues are ultimately members’ responsibility

NB. Even if something is not a code issue, always bear in mind the rules relating to bias, predetermination and predisposition.

If you are in any doubt as to your position, please contact the Monitoring Officer or any of his team.

Sensitive interests

You do not need to register or declare the details of an interest which you and the Monitoring Officer have agreed is sensitive.

A “sensitive interest” is any interest (whether or not a disclosable pecuniary interest) where disclosure of the details could lead to you, or a person connected with you, being subject to violence or intimidation.

The existence of an interest must still be registered/declared but not any detail in relation to it.

Should you feel that any of your interests are sensitive given any prevailing circumstances, please contact the Monitoring Officer immediately to discuss.

Bias, predetermination, predisposition

Members involved in making a decision on particular business must always bear in mind the rules relating to bias and predetermination and must not participate in, or seek to influence, council business where their interests may prejudice, or appear to prejudice, their views.

Predetermination occurs where a fair minded and well informed observer, looking objectively at all the circumstances, considers there is a real risk that a decision maker has refused to consider a relevant argument or would refuse.

Possible examples of bias or predetermination are:

connection with someone affected by a decision
improper involvement of someone with an interest in the outcome
prior involvement in a matter
commenting before a decision is made

However, the Localism Act 2011 makes it clear that a member is not to be taken to have had, or to have appeared to have had, a closed mind when making a decision just because they had previously done anything that directly or indirectly indicated what view they took, or would or might take, in relation to a matter; this would amount to predisposition to a view and is acceptable. This ensures that members can freely discuss issues, including expressing a view and/or campaigning on an issue, and then later speak or vote on those issues.

Unless there is positive evidence of a closed mind, prior observations or apparent favouring of a particular decision is unlikely to suffice as predetermination.

Members are entitled to have and express their own views, as long as they are prepared to reconsider their position in the light of all the evidence and arguments. They must not give the impression that their mind is closed.

Members’ gifts and hospitality

Members’ gifts and hospitality are recorded with their register of interests, electronically via the ModGov committee software system.

Under the council’s code of conduct, you should not accept gifts/hospitality, of any value, which could create an impression of obligation upon you or the council or substantive personal gain or propensity to show favour. You should inform the Monitoring Officer of any such offers.

Otherwise, you should register any gifts/hospitality received or offered worth £25 or more.

Should you have any queries in relation to the registration of any gifts or hospitality received/offered, then please feel free to contact the Monitoring Officer or any of his team.

Social media and the members’ code of conduct

Social media is an important means of communication and engagement, however the use of social media frequently features in many of the standards complaints received by the Monitoring Officer.

Aspects of the members’ code of conduct will apply to your online activity, as in other communications, if you are, or appear to be, acting in your capacity as a councillor, rather than a private individual. The same standards of conduct apply online as would be expected offline.

The key issue is whether you are acting in your official capacity as a councillor when using your social media platforms. Be clear as to the capacity in which you are posting, official or private.

Use of the title “councillor” may give rise to an inference that you are acting in your official capacity when the code can be engaged.

If you publish information you can only access as a member, you are likely to be viewed as acting in your official capacity.

“These are ordinary descriptive English words. Their application is inevitably fact sensitive and so whether or not a person is so acting inevitably calls for informed judgment by reference to the facts of a given case. This also means that there is the potential for two decision makers, both taking the correct approach, to reach different decisions.”

You may wish to set up different social media accounts for your private life and councillor role to maintain professional boundaries.

You are personally responsible for the content you publish on social media, in the same way that you are responsible for letters or emails you send. It is less formal but is still a form of communication and posts can be capable of being misunderstood - the immediacy of social media can magnify this problem.

Being misunderstood is likely to lead to rapid and wide broadcasting (particularly with something perceived as being more controversial than was intended) almost instantly.

Be approachable, polite and respectful in your language and tone. Irony and sarcasm are very difficult to convey in writing and therefore should be avoided, as should profanity.

We have a social media policy available on the council’s intranet, which members may find helpful.

Members should ensure that they are familiar with the provisions and that they do not put the council’s systems and information at risk, or be damaging to the reputation of the council or the office of member.

Latest news

Update on government consultation on strengthening the standards regime

The Government has consulted on proposed changes to the standards regime (read the paper submitted by the committee on the government website) and the Standards and Governance Committee has responded to the consultation. A copy of the Committee’s response, submitted via the relevant online platform, is available on our agenda and draft minutes page.

The Committee on Standards in Public Life (CSPL) has responded to the consultation and has published its response agreeing with the proposals for a mandatory minimum code of conduct for members and a requirement for principal authorities to establish a standards committee. The Committee on Standards in Public Life believes that:

the Independent Person and any lay members should have voting rights
the results of complaints should be published as soon as possible
that investigations into member conduct should continue to their conclusion even if the subject member resigns and the results published
there should be a laddered scale of sanctions, from censure to suspension and disqualification, with a power to suspend for egregious breaches and during the period of an investigation
councillors should have a right of appeal and the Committee on Standards in Public Life is not averse to the establishment of a national body

and also urges government to consider the Committee on Standards in Public Life’s remaining recommendations made in its 2019 report “Local Government Ethical Standards A Review by the Committee on Standards in Public Life”.

The Local Government Association (LGA) has responded to the consultation and published its response. Highlights of the Local Government Association’s stated views are:

the standards regime should be “proportionate in expectation of members, approach to complaint handling and application of sanctions”
“early and informal resolution should be a strong principle of a new standards system, particularly when the infraction is minor or may be due to a misunderstanding or training need. Complaint investigation and sanctions should be a last resort”
the standards regime “should embody principles of natural justice, fairness and independence of decision-making and presume innocence of any councillor until a breach has been found”
there should be a mandatory minimum code of conduct for members, which should be adopted by all principal authorities and not be subject to local additions. It should also be kept under regular review
the Code should only apply to activities in a member’s official capacity
councils should be required to have a standards committee, not bound by political proportionality, but balanced where possible, including lay members with voting rights
the role of Independent Person should be maintained and strengthened, for example chairing standards committees and hearings panels
"referring all complaints, including objectively low-level, vexatious or politically motivated complaints, to a standards committee risks overwhelming the system”
initial assessment of complaints by monitoring officers should be retained
“councils should have the discretion to complete an investigation after a member has vacated their elected role, if it’s in the public interest to do so”
if interim suspension was to be introduced, it should not be allowed to go on perpetually and should be only permitted in exceptional circumstances
breaches of the code of conduct should be published as well as a regular anonymised summary of the disposal of all complaints made to the council. Councillors should have the option to request a decision-notice be made public where they have been found not to have breached the code following an investigation
there should be a wider range of meaningful sanctions, including a power of suspension for up to six months where appropriate
if stronger sanctions are introduced, a national body should be established to handle appeals processes
councillors should have a right of appeal
it may be the right time to “review whether it is still appropriate for principal councils to be financially and administratively responsible for parish and town complaints processes and what other approaches may be more appropriate”

The government consultation closed on 26 February 2025.

The Minister of State for Local Government and English Devolution has stated, during a debate on 11 March 2025 (read the transcript on the UK Parliament's website), that more than 2,000 submissions have been made to the consultation and the government was working “at pace” to review the results. The Minister commented that at the foundation of the proposals for reform was the proposal for a mandatory code of conduct for achieving consistency across all tiers of local government.

Members will be kept informed of developments.

The Committee on Standards in Public Life report re recognising and responding to early warning signs in public sector bodies

On 25 March 2025, the Committee on Standards in Public Life published a lengthy report “Recognising and Responding to Early Warning Signs in Public Sector Bodies” to support public sector bodies in recognising and responding to early warning signs of emerging problems, improving accountability and transparent leadership.

The Committee on Standards in Public Life has urged public sector organisations to facilitate a culture where voicing concerns and learning from mistakes are "seen as a personal duty and are valued by everyone in the organisation".

The report sets out practical examples of how bodies have dealt with these issues and has identified 20 Points for Reflection relating to:

building accountable organisations
identifying and assessing risks
speaking up
development and performance management
public scrutiny
learning lessons
board scrutiny

to assist organisations in their consideration of their processes and culture.

The report references the statutory Principles of Public Life and highlights that the public interest should “should guide the actions and behaviours of public office holders at all times.” It urges public bodies to improve their listening and learning and act early to prevent harm and uphold public trust.

Further Committee on Standards in Public Life reflections on thirtieth anniversary of Nolan Principles

The Committee on Standards in Public Life continues to mark the thirtieth anniversary of the Nolan Principles (general principles of conduct) and has published a series of blogs about the work of various standards related organisations in England:

Peer pressure – the work of the House of Lords Appointments Commission (HOLAC) – Committee on Standards in Public Life

How is the Electoral Commission held accountable? – Committee on Standards in Public Life

The Seven Principles of Public Life: Reflections During 30th Anniversary Year – Committee on Standards in Public Life

IPSA and the Nolan Principles – Committee on Standards in Public Life

From “tap on the shoulder” to transparency – 30 years of public appointments – Committee on Standards in Public Life

Committee on Standards in Public Life submission to House of Commons Speaker’s Conference on the security of candidates, MPs and elections and public officer holders

On 2 May 2025, the Committee on Standards in Public Life published its written submission evidence to the House of Commons Speaker’s Conference on the security of candidates, MPs and elections (read the submission here), following on from the Committee on Standards in Public Life’s 2017 report “Intimidation in Public Life” (which made a package of recommendations to government, political parties, the police, social media companies, press regulators and the media to address these issues. View the Intimidation in Public Life review on the government website.

The submission:

recognises the importance of upholding high standards of conduct in public life
highlights growing and pressing concerns about intimidation and abuse of parliamentary candidates, MPs and wider public office holders, often inflamed by social media, particularly during election periods
urges increased regulation by social media platforms in addressing online abuse and support for users facing intimidation
recognises changes implemented to electoral law (the Elections Act 2022) to help strengthen the security of candidates and democracy by the introduction of a disqualification order penalty for those convicted of intimidation directed at candidates, campaigners or elected representatives
calls on political parties to take greater responsibility and leadership in demonstrating respect in public discourse
emphasises that unchecked intimidation could deter individuals from participating in public life

The Committee on Standards in Public Life is of the view that whilst much progress has been made since its 2017 report, there remains “more to do, and at a greater pace, by everyone in public life to address this important issue.”

North Yorkshire Council standards complaint statistics

The Standards and Governance Committee monitors complaints raised with the Monitoring Officer under the standards regime.

As well as considering complaints that a member of North Yorkshire Council may have breached the Members’ Code of Conduct, North Yorkshire Council is the principal authority for parish and town councils in North Yorkshire for the purposes of the standards provisions in the Localism Act 2011.

It is therefore also responsible for receiving and handling complaints that a parish/town councillor may have breached that authority’s code of conduct for Members.

That is the extent of North Yorkshire Council’s jurisdiction in respect of parish/town council governance; parish/town councils are separate legal entities and North Yorkshire Council has no jurisdiction to consider other complaints for example about the way in which the parish council has or has not done something, or about particular parish council decisions.

Context for complaints

There are currently:

729 individual parishes
412 parish and town councils, including Harrogate and Scarborough
160 parish meetings; and
90 North Yorkshire Council councillors

In terms of the national context:

the council has the largest number of parish and town councils of any local authority in the country
the next nearest council has 327
51 per cent have less than 30
97.5 per cent of councils have less than 200
there are only six councils with over 200 parish councils
only two councils have over 300 parish councils

Complaints received

During the period 1 April 2023 to 31 March 2024, the council received 174 complaints that members may have breached the relevant authority’s code of conduct for Members.

During the period 1 April 2024 to 31 March 2025, 133 complaints were received.

A full breakdown of the complaint statistics for each municipal period is published on our councillor's code of conduct page.

For the period 1 April 2025 to 6 June 2025, 23 complaints have been received.

Pre-assessments and assessments in current year

Of the 23 complaints received in this current year:

a) 13 complaints have been disposed of by the Monitoring Officer/Deputy Monitoring Officer at pre-assessment stage. These included:

once against a councillor where there was no evidence presented that the councillor was acting in their official capacity at the relevant times
12 against councillors and clerks of two parish councils which did not progress to an assessment as they were deemed to be outside the Monitoring Officer’s jurisdiction as they related to matters of internal parish council governance and parish council employees

b) Eight complaints have progressed to assessment by the Monitoring Officer/Deputy Monitoring Officer in consultation with the Independent Persons for Standards. Of those assessed complaints:

i. six complaints did not merit referral for formal investigation, for example:

a parish councillor’s failure to declare an interest, which had been addressed by them
allegations of a parish councillor bullying and harassing the clerk where insufficient evidence was provided of a potential breach of the relevant code of conduct
two concerned different councillors, one relating to levels of engagement with a parish council, and the other regarding alleged disrespect, whereby in both cases there was insufficient evidence presented of a potential breach of the Code of Conduct

ii. one complaint was recommended for informal resolution: the parish councillor concerned was urged to consider apologising to the complainant.

iii. one complaint was referred for investigation.

A detailed Complaints Update report is taken to each ordinary meeting of the Standards and Governance Committee, giving an update on complaints received and their progress. The Committee’s agenda and papers are published on our meetings page.

Members will be kept informed of statistical information in relation to standards complaints received.

National cases

The Local Government Lawyer website recently reported on the following cases:

two parish councillors were investigated through the standards regime in relation to their conduct at a parish council meeting, whereby they had exchanged insults (for example one calling the other “a prat”), before “a wrestling match” including pushing, shoving, hair-pulling, an alleged rugby tackle, punch and head-butt which led to injuries such as scratches, bruises and bleeding and to damage of spectacles

The investigator found that one of the councillors had initiated the altercation by grabbing the other’s neck and the other councillor had acted reasonably and proportionately in self-defence. The Standards Committee will consider the matter.

a parish councillor accused the clerk of secretly “giving him the finger” during a parish council meeting. The clerk subsequently took out a defamation action against the councillor after a period of abuse online including calling the clerk “a dishonest, scheming, devious and threatening liar”, comments the councillor stood by and asserted were truthful. The Court found on the balance of probabilities that the councillor had not proved that the online defamatory statements were true and the councillor was ordered to pay £20,000 in libel damages to the clerk
after a ‘sustained campaign of intimidating and bullying behaviour’ towards council employees and other councillors, a councillor was found guilty of persistently making use of a public communication network to cause annoyance, inconvenience or anxiety, and of harassment without violence. The councillor was sentenced to a prison sentence of 18 weeks. A four year restraining order was also imposed, preventing the councillor from going within 100 metres of the council headquarters
a councillor was found to have breached their authority’s code of conduct when they called the interim chief executive officer “a buffoon” on LinkedIn. The councillor asserted the comment was made in their personal capacity and that the term had a different meaning in the 1638 Oxford English dictionary definition as opposed to modern interpretation. The investigator concluded that the councillor was acting in their official capacity at the relevant time and the term subjected the officer to ridicule and would “give a reasonable member of the public reading the comment the impression that the council was being led by someone incapable of fulfilling their duties in a competent way”. The councillor retracted the post and apologised
a former leader who could not attend a planning committee meeting was alleged to have watched the meeting online and emailed instructions to their deputy present regarding how they should vote on a controversial planning application, namely that they should refuse it. The application was refused. The councillor resigned from their role as chair of the committee. The investigator found that the emails could be perceived as an attempt to unduly influence the decision-making process. The standards committee subsequently found that the councillor had breached the code and recommended that he should be removed from the planning committee

Resources

Localism Act 2011 and subordinate legislation: see the government's committee on standards in public life page
Local Government Lawyer website
BBC news website

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