Council Constitution Part 4 – Codes and Protocols

Members’ Statement:

“As a Member or Co-opted Member of Wealden District Council, and in accordance with Section 27 of the Localism Act 2011, I have a responsibility to represent the community and work constructively with Council staff and partner organisations to secure better social, economic and environmental outcomes for all.

In accordance with the Localism Act provisions, when acting in this capacity I am committed to behaving in a manner that is consistent with the following principles to achieve best value for residents and maintain public confidence in this Authority.”

The Seven Principles of Public Life (The Nolan Principles)

Accountability – Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

Honesty – Holders of public office should be truthful.

Integrity – Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

Objectivity – Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

Selflessness – Holders of public office should act solely in terms of the public interest.

Openness – Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

Leadership -Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

Introduction

On their election or co-option to Wealden District Council, Members are required to sign an undertaking to comply with the Authority’s Code of Conduct.

This Code of Conduct, adopted by the Authority on 25 July 2012, as amended from time to time is set out below. It is made under Chapter 7 of the Localism Act 2011 and includes, as Standing Orders made under Chapter 7 of that Act and Schedule 12 of the Local Government Act 1972, provisions which require Members to leave meetings in appropriate circumstances, while matters in which they have a personal interest are being considered.

Part 1 –  General Provisions

1. Introduction and interpretation

• (1) This Code applies to you as a Member of the Authority, when acting in that capacity.
• (2) This Code is based upon 7 principles fundamental to public service, which are set out above. You should have regard to these principles as they will help you to comply with the Code.
• (3) If you need guidance on any matter under this Code you should seek it from the Authority’s Monitoring Officer or your own legal adviser – but it is entirely your responsibility to comply with the provisions of this Code.
• (4) It is a criminal offence to fail to notify the Authority’s Monitoring Officer of a disclosable pecuniary interest, to take part in discussions or votes at meetings, or to take a decision where you have disclosable pecuniary interest, without reasonable It is also an offence to knowingly or recklessly provide false or misleading information to the Authority’s Monitoring Officer.
• (5) Any written allegation received by the Authority that you have failed to comply with this Code will be dealt with by the Authority under the arrangements which it has adopted for such purposes. If it is found that you have failed to comply with the Code, the Authority has the right to have regard to this failure in deciding –
  1. whether to take action in relation to you and
  2. what action to
• (6) Councillors are required to comply with any request regarding the provision of information in relation to a complaint alleging a breach of the Code of Conduct and must comply with any formal standards
• (7) Councillors should not seek to misuse the standards process, for example, by making trivial or malicious allegations against another Councillor for the purposes of political gain.
• (8) In this Code—

“Authority” means Wealden District Council

“Code” means this Code of Conduct

“co-opted member” means a person who is not a member of the Authority but who

• (a) is a Member of any Committee or Sub-Committee of the Authority, or
• (b) is a Member of, and represents the Authority on, any Joint Committee or Joint Sub-Committee of the Authority,

and who is entitled to vote on any question that falls to be decided at any meeting of that Committee or Sub-Committee.

“meeting” means any meeting of the Authority:

• (a) the Executive of the Authority;
• (b) any of the Authority’s or its Executive’s Committees, Sub- Committees, Joint Committees, Joint Sub-Committees, or Area Committees (if any).

“Member” includes a co-opted Member (as above para 8).

“register of Members’ interests” means the Authority’s register of Members’ pecuniary and other interests established and maintained by the Authority’s Monitoring Officer under section 29 of the Localism Act 2011.

2.  Scope

• (1) Subject to sub-paragraphs (2) and (3), you must comply with this Code whenever you—
• (a) conduct the business of your Authority (which, in this Code, includes the business of the office to which you are elected or appointed); or
• (b) act, claim to act or give the impression you are acting as a representative of your Authority, and references to your official capacity are construed
• (2) This Code does not have effect in relation to your conduct other than where it is in your official capacity.
• (3) Where you act as a representative of your Authority—
• (a) on another relevant Authority, you must when acting for that other Authority comply with its Code of Conduct; or
• (b) on any other body, you must, when acting for that other body, comply with your Authority’s Code of Conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

3.  General obligations

• (1) You must treat others with respect.
• (2) You must not—
• (a) Do anything which may cause your Authority to breach any of its equality duties (in particular as set out in the Equality Act 2010);
• (b) Bully or harass any person;

Note – Bullying may be characterised as: offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Harassment may be characterised as unwanted conduct which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual.

For examples of conduct that constitute bullying or harassment see Annex A.

• (c) Intimidate or improperly influence, or attempt to intimidate, any person who is, or is likely to be, —
• a. a complainant,
• b. a witness, or
• c. involved in the administration of any investigation or proceedings,

in relation to an allegation that a Member (including yourself) has failed to comply with their Authority’s Code of Conduct; or

• (d) do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your Authority.

4. You must not—

• (a) Disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where—

• a. You have the consent of a person authorised to give it;
• b. You are required by law to do so;
• c. the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
• d. the disclosure is—
• e. reasonable and in the public interest; and
• f. made in good faith and in compliance with the reasonable requirements of the Authority;
• (b) Prevent another person from gaining access to information to which that person is entitled by law.

5. You must not –

Conduct yourself in a manner which could reasonably be regarded as bringing your office or Authority into disrepute;

6. You must –

• (a) Not use or attempt to use your position as a Member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage
• (b) When using or authorising the use by others of the resources of your Authority—
• a. act in accordance with your Authority’s reasonable requirements;
• b. ensure that such resources are not used improperly for political purposes (including party political purposes); and
• (c) Must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.

7. You must –

• (1) When reaching decisions on any matter, have regard to any relevant advice provided to you by—
• (a) your Authority’s Section 151 Officer; or
• (b) your Authority’s Monitoring Officer, where that Officer is acting pursuant to his or her statutory
• (2) Give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your Authority.

Part 2 –  Interests

8.  Personal Interests

• (1) The interests described in paragraphs 8(3) and 8(5) are your personal interests and the interests in paragraph 8(5) are your pecuniary interests which are disclosable pecuniary interests as defined by section 30 of the Localism Act 2011.
• (2) If you fail to observe Parts 2 and 3 of the Code in relation to your personal interests-
• (a) the Authority may deal with the matter as mentioned in paragraph 1(5) and
• (b) if the failure relates to a disclosable pecuniary interest, you may also become subject to criminal proceedings as mentioned in paragraph 1(4).
• (3) You have a personal interest in any business of your Authority where either—
• (a) it relates to or is likely to affect—

i. any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your Authority;

ii any body of which you are a member or in a position of general control or management—

• a. exercising functions of a public nature;
• b. directed to charitable purposes; or
• c. one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union); or

iii the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £50; or

• (b) a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of (in the case of authorities with electoral divisions or wards) other Council tax payers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision.

(4) In sub-paragraph (3)(b), a relevant person is—

• (a) a member of your family or a close associate; or
• (b) any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
• (c) any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000; or
• (d) any body of a type described in sub-paragraph (3)(a)(i) or (ii).

(5) Subject to sub-paragraphs (6), you have a disclosable pecuniary interest as defined by section 30 of the Localism Act 2011 in any business of your Authority where (i) you or (ii) your partner (which means spouse or civil partner, a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners) have an interest within the following descriptions:

These descriptions on interests are subject to the following definitions:

‘body in which the relevant person has a beneficial interest’ means a firm in which the relevant person is a partner or a body corporate of which the relevant person is a director, or in the securities of which the relevant person has a beneficial interest;

‘director’ includes a member of the Committee of management of an industrial and provident society;

‘land’ includes an easement, servitude, interest or right in or over land which does not carry with it a right for the relevant person (alone or jointly with another) to occupy the land or to receive income;

‘M’ means the person M referred to in section 30 of the Localism Act 2011;

‘Member’ includes a co-opted Member;

‘relevant Authority’ means the Authority of which M is a Member;

‘relevant period’ means the period of 12 months ending with the day on which M gives a notification for the purposes of section 30(1) of the Localism Act 2011;

relevant person’ means M or any other person referred to in section 30(3)(b) of the Localism Act 2011;

‘securities’ means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.

(6) In sub-paragraph (5), any interest which your partner may have is only treated as your interest if you are aware that your partner has the

9.  Disclosure of Personal Interests (See also Part 3)

• (1) Subject to sub-paragraphs (2) to (6), where you have a personal interest in any business of your Authority and you attend a meeting of your Authority at which any matter relating to the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes
• (2) If the personal interest is entered on the Authority’s register there is no requirement for you to disclose the interest to that meeting, but you should do so if you wish a disclosure to be recorded in the minutes of the
• (3) Sub-paragraph (1) only applies where you are aware or ought reasonably to be aware of the existence of the personal interest.
• (4) Where you have a personal interest but, by virtue of paragraph 14, sensitive information relating to it is not registered in your Authority’s register of Members’ interests, you must indicate to the meeting that you have a personal interest and, if also applicable, that it is a disclosable pecuniary interest, but need not disclose the sensitive information to the
• (5) Subject to paragraph 12(1)(b), where you have a personal interest in any business of your Authority and you have made an Executive decision on any matter in relation to that business, you must ensure that any written statement of that decision records the existence and nature of that
• (6) In this paragraph, “Executive decision” is to be construed in accordance with any regulations made by the Secretary of State under section 22 of the Local Government Act 2000.

10.  Prejudicial Interest Generally

• (1) Subject to sub-paragraph (2), where you have a personal interest in any business of your Authority you also have a prejudicial interest in that business where either-

• (a) the interest is a disclosable pecuniary interest as described in paragraph 8(5), or
• (b) the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.
• (2) For the purposes of sub-paragraph (1)(b), you do not have a prejudicial interest in any business of the Authority where that business—
• (a) does not affect your financial position or the financial position of a person or body described in paragraph 8;
• (b) does not relate to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 8; or
• (c) relates to the functions of your Authority in respect of—
• a. housing, where you are a tenant of your Authority provided that those functions do not relate particularly to your tenancy or lease;
• b. school meals or school transport and travelling expenses, where you are a parent or guardian of a child in full time education, or are a parent governor of a school, unless it relates particularly to the school which the child attends;
• c. statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;
• d. an allowance, payment or indemnity given to members;
• e. any ceremonial honour given to members; and
• f. setting Council tax or a precept under the Local Government Finance Act 1992.

11. Interests Arising in Relation to Overview and Scrutiny Committee

You also have a personal interest in any business before the Overview and Scrutiny Committee of your Authority (or of a Sub-Committee of such a Committee) where—

• a) that business relates to a decision made (whether implemented or not) or action taken by your Authority’s Executive or another of your Authority’s Committees, Sub-Committees, Joint Committees or Joint Sub- Committees; and
• b) at the time the decision was made or action was taken, you were a member of the Executive, Committee, Sub-Committee, Joint Committee or Joint Sub-Committee mentioned in paragraph (a) and you were present when that decision was made or action was taken.

12.  Effect of Prejudicial Interests on Participation

• (1) Subject to sub-paragraph (2) and (3), where you have a prejudicial interest in any matter in relation to the business of your Authority—
• (a) you must not participate, or participate further, in any discussion of the matter at any meeting, or participate in any vote, or further vote, taken on the matter at the meeting and must withdraw from the room or chamber where the meeting considering the matter is being held—
• i. in a case where sub-paragraph (2) applies, immediately after making representations, answering questions or giving evidence;
• ii. in any other case, whenever it becomes apparent that the matter is being considered at that meeting;

unless you have obtained a dispensation from your Authority’s Monitoring Officer or Standards Committee;

• (b) you must not exercise Executive functions in relation to that matter; and
• (c) you must not seek improperly to influence a decision about that

• (2) Where you have a prejudicial interest in any business of your Authority which is not a disclosable pecuniary interest as described in paragraph 8(5), you may attend a meeting (including a meeting of the overview and scrutiny Committee of your Authority or of a Sub-Committee of such a Committee) but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.
• (3) Where you have a prejudicial interest which is not a disclosable pecuniary interest as described in paragraph 8(5), arising solely from membership of any body described in paragraphs 8(3)(a)(i) or 8(3)(a)(ii)(a) then you do not have to withdraw from the room or chamber and may make representations to the Committee but may not participate in the vote.

Part 3 – Registration of Interests

13.  Registration of Members’ Interests

• Subject to paragraph 14, you must, within 28 days of—
• (a) this Code being adopted by the Authority; or
• (b) your election or appointment to office (where that is later), register in the register of Members’ interests details of-
• i. your personal interests where they fall within a category mentioned in paragraph 8(3)(a); and
• ii. your personal interests which are also disclosable pecuniary interests where they fall within a category mentioned in paragraph 8(5)

by providing written notification to your Authority’s Monitoring Officer.

• Subject to paragraph 14, you must, within 28 days of becoming aware of any new personal interest falling within sub-paragraphs (1)(b)(i) or (1)(b)(ii) or any change to any personal interest registered under sub- paragraphs (1)(b)(i) or (1)(b)(ii), register details of that new personal interest or change by providing written notification to your Authority’s Monitoring Officer.

14. Sensitive Information

• (1) Where you consider that the information relating to any of your personal or prejudicial interests is sensitive information, and your Authority’s Monitoring Officer agrees, the Monitoring Officer shall not include details of the interest on any copies of the register of members’ interests which are made available for inspection or any published version of the register, but may include a statement that you have an interest, the details of which are withheld under this paragraph.
• (2) You must, within 28 days of becoming aware of any change of circumstances which means that information excluded under paragraph (1) is no longer sensitive information, notify your Authority’s Monitoring Officer asking that the information be included in the register of Members’ interests.
• (3) In this Code, “sensitive information” means information, the details of which, if disclosed, could lead to you or a person connected with you being subject to violence or intimidation.

15. Dispensations

• (1) The Standards Committee, any Sub-Committee of the Standards Committee or the Monitoring Officer may, on a written request made to the Monitoring Officer by a Member, grant a dispensation relieving the Member from either or both of the restrictions in paragraph 12(1)(a) (restrictions on participating in discussions and in voting), in cases described in the dispensation.
• (2) A dispensation may be granted only if, after having had regard to all relevant circumstances, the Standards Committee, its Sub-Committee, or the Monitoring Officer—
• (a) considers that without the dispensation the number of persons prohibited by paragraph 12 from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of the business,
• (b) considers that without the dispensation the representation of different political groups on the body transacting any particular business would be so upset as to alter the likely outcome of any vote relating to the business,
• (c) considers that granting the dispensation is in the interests of persons living in the Authority’s area,
• (d) if it is an Authority to which Part 1A of the Local Government Act 2000 applies and is operating Executive arrangements, considers that without the dispensation each Member of the Authority’s Executive would be prohibited by paragraph 12 from participating in any particular business to be transacted by the Authority’s Executive; or
• (e) considers that it is otherwise appropriate to grant a dispensation.
• (3) A dispensation must specify the period for which it has effect, and the period specified may not exceed four years.
• (4) Paragraph 12 does not apply in relation to anything done for the purpose of deciding whether to grant a dispensation under this paragraph.

Non-Exhaustive Examples of Bullying and Harassment

With reference to paragraph 3(2)(b) of this Code –

• (1) Examples of bullying behaviour include, without limitation:

• spreading malicious rumours, or insulting someone by word or behaviour
• ridiculing or demeaning someone – picking on them or setting them up to fail
• exclusion or victimisation
• unfair treatment
• overbearing supervision or other misuse of power or position
• unwelcome sexual advances – touching, standing too close
• display of offensive materials, asking for sexual favours, making decision on the basis of sexual advances being accepted or rejected
• making threats or comments about job security without foundation
• deliberately undermining a competent worker by overloading or constant criticism
• preventing individuals progressing by intentionally blocking promotion or training opportunities
• invading someone’s personal space
• speaking to someone in an overbearing manner
• using aggressive body language
• undermining or belittling someone
• (2) Examples of harassment include, without limitation:
• making abusive, derogatory, patronising, suggestive or sexualised comments or sounds
• making offensive jokes or insulting gestures or facial expressions
• ridicule
• offensive e-mails, tweets or comments on social networking sites
• trolling via social networking sites
• threats of aggression or intimidation
• making false and malicious assertions
• intrusive questioning about private matters
• display of offensive material
• unwanted comments on dress or appearance

Definition of ‘improperly influence’

• To induce another person through the use of, for example, threats or bribery to give consideration to or to act on any basis other than the merits of the
• To bring undue pressure upon a person to try to get them to do something that they wouldn’t normally do.

See also Members’ Interests Flowchart below:

Section 1 – Overview

Introduction

1.1 Members of the public expect Officers to work to high standards of professionalism and integrity at all times, delivering quality services that provide value for money and reflect our Values.

1.2 We have developed a clear set of Values and behaviours around what is important to us as a Council and they apply to all our Officers.

1.3 In addition to our Values and behaviours it is important that we have standards of conduct to help guide us all in our behaviour and actions at work.

1.4 This Code should be read in conjunction with the Code of Personal Conduct and Ethics and Code of Local Authority Professional Conduct together with the supporting Council policies.

1.5 This Code outlines the main responsibilities and standards of professional behaviour expected from Officers.

Our Values

1.6 All Officers are expected to be aware of and act in accordance with the Council’s values.

People focused

1.7 We value our Officers and put our people and communities at the heart of everything we do. All Officers are expected to work to the best of their ability, to act fairly, honestly, and objectively, and strive to deliver the Council’s Five Star Customer Service standards.

Personal Conduct

1.8 The Council is committed to ensuring its decisions and operations are open, honest and transparent.

1.9 Officers of the Council are required to act in accordance with The Seven Principles of Public Life, which are:

• Selflessness – Officers are expected to act solely in terms of the public interest;
• Integrity – Officers are expected to avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work;
• Objectivity – Officers are expected to act and take decisions impartially, fairly and on merit using the best evidence and without discrimination or bias;
• Accountability – Officers are accountable to the public for their decisions and actions and required to submit themselves to scrutiny as appropriate;
• Openness – Officers are expected to act and take decisions in an open and transparent manner. Information should only be withheld from the public if there are clear and lawful reasons to do so;
• Honesty – Officers are expected to be truthful. This includes declaring any conflicts of interests and taking steps to resolve such conflicts; and
• Leadership – Officers are expected to actively promote and support these principles by applying them to their own behaviour and challenging poor behaviour.

Individual responsibilities

1.10 Officers must:

• carry out the full requirements of their role, as detailed in their contract of employment (statement of particulars), job description and in accordance with Council policies and procedures.
• complete all mandatory training as required.
• seek to give the highest possible standard of service to our residents and businesses
• raise issues – if you have any concerns don’t be afraid to speak up (see Whistleblowing and Speaking Up Policy).
• act in an appropriate manner in any situation where they can be readily identified as a Council employee, whether at work or otherwise.
• contribute to maintaining a safe and healthy working environment.
• declare any relevant interest, outside employment or receipt of gifts or hospitality as outlined in this Code and any relevant employment policies and procedures.
• maintain professional relationships with Councillors, employees, contractors or partners, potential contractors and/or service users.

Leader and manager responsibilities

1.11 Those with leadership roles have additional responsibilities and should:

• set a positive personal model of behaviour.
• ensure that standards in the Code are established and communicated.
• provide clarification, where required, to improve Officer understanding.
• take appropriate action at the earliest opportunity to manage non-compliance with the standards set out in this Code.
• promote a safe and healthy working environment.
• maintain a culture that is free from bullying, discrimination and harassment where everyone is treated with respect and dignity and individual contributions are welcomed and acknowledged.

Other responsibilities

Observe the Constitution

1.12 Officers should observe and uphold the requirements of the Constitution when undertaking their roles.

1.13 Use of Financial Resources – Officers must ensure that they use public funds entrusted to them in a responsible and lawful manner. They should strive to ensure value for money to the local community and to avoid legal challenge to the Authority. This includes adherence to the Financial Procedure Rules (Part 3.3).

Confidentiality and keeping Council information secure

1.14 Maintaining confidentiality of sensitive information is essential and all Officers are under an obligation to comply with Data Protection legislation.

1.15 Officers must ensure that they save, store, share and retain information in line with corporate policies and guidelines and treat all information received in the course of their employment as confidential to the Council.

1.16 Officers may not use or access any information the Council holds except for lawful and permitted purposes.

1.17 Officers are only permitted to disclose confidential information where it is required by law or where the Council has agreed to do so. If Officers are unsure they must consult with the Information Governance Team or relevant Head of Service before any disclosure is made.

1.18 The use of information to further private interests or the deliberate disclosure of confidential information may be considered gross misconduct and may result in dismissal under the Council’s Disciplinary Procedure. It may also be a criminal offence and lead to criminal proceedings.

1.19 Officers must not compromise the security of Council information, for example by installing unauthorised software, inappropriately securing information or interfering with standard security settings. Under no circumstances should Council information or facilities be used for unauthorised personal use, improper or commercial gain or for fraudulent or malicious activities.

Internet and Social Media

1.20 There are strict policies in place in relation to the acceptable use of the internet, email and telephone use which Officers should familiarise themselves with.

The Press and Media

1.21 Officers must not deal directly with the press or the media in relation to Council business. All enquiries must be passed to the Policy, Insight & Communications

1.22 If an Officer speaks as a private individual directly to the press or at a public meeting or other situation where their remarks may be reported to the press, they must take reasonable steps to ensure nothing said might lead the public to think they are acting in their capacity as a Council Officer.

1.23 An Officer should not make an endorsement in their work capacity, through press channels, or on social media, regarding an external organisation which might infer a corporate endorsement on behalf of the Council.

Political Neutrality

1.24 Officers of the Council are required to work with all Councillors and must not favour or disadvantage any political group or politician in how they undertake their duties.

1.25 Officers must:

• Remain politically neutral and objective in their work role.

1.26 Officers must not:

• Allow personal or political opinions to interfere with their work.
• Display political posters, including election material, in Council buildings.

Political Restrictions

1.27 Certain posts within the Council are deemed to be politically restricted due to the nature of the role. Where a post is designated as politically restricted, this will be identified within the relevant job descriptions. Officers who hold a politically restricted post must not:

• stand as a candidate for public elected office (other than to a Parish/Town Council).
• hold office in a political party.
• canvass at elections or act as an election agent or sub-agent for a candidate for election.
• speak or write publicly, demonstrating support for a political party.

Working Relationships

Working with Councillors

1.28 Mutual respect, trust and courtesy between Officers and Councillors is essential to good local government.

1.29 Close personal familiarity between Officers and individual Members can damage the relationship and should therefore be avoided. For further information about working relationships between Officers and Members please see the Protocol for Member / Officer Relationships (Part 4.3).

Working with colleagues

1.30 Officers are expected to treat colleagues and those with whom they come into contact in the course of their work with fairness and respect. In order to avoid any accusation of bias, Officers should not be involved in an appointment, nor any decision relating to discipline, promotion or any pay adjustments or conditions of another Officer, or prospective Officer to whom they are related or have a close personal relationship.

 Working with the Local Community

1.31 Officers should always remember their responsibilities to the local community and provide courteous, efficient and impartial service delivery to all groups and individuals within the community as defined by the policies of the Council.

Working with Contractors

1.32 Orders and contracts must be awarded by fair and open competition against other tenders. No special favour should be shown to businesses with particular connections to Officers.

1.33 All relationships of a business or private nature with external contractors (i.e. those working for and doing business with the Council) or potential contractors, should be reported in accordance with the Council’s applicable policy and procedures.

1.34 Where an Officer’s role involves procuring, managing or administering Council contracts or an Officer has any other professional or personal relationship with contractors they must:

• comply with the Procurement and Contracting Procedure Rules (Part 3.2) and Financial Procedure Rules (Part 3.3) which are part of this Constitution and any other relevant Council procedures of orders and contracts.
• exercise fairness and impartiality when dealing with all customers, suppliers, other contractors and sub-contractors.
• declare any current or previous private or personal relationships with contractors, sub-contractors or suppliers in accordance with the Council’s applicable policy and procedures.

Separation of Roles during Tendering

1.35 Officers involved in the tendering process and dealing with contractors should be clear on the separation of client and contractor roles within the authority. Senior employees who have both a client and contractor responsibility must be aware of the need for accountability and openness.

1.36 Officers in contractor or provider units must exercise fairness and impartiality when dealing with customers, suppliers, contractors and sub-contractors.

1.37 Officers who are privy to confidential information on tenders or costs for either internal or external contractors should not disclose that information to any unauthorised party or organisation.

1.38 Officers should ensure that no special favour is shown to current or recent former employees or their partners, close relatives or associates in awarding contracts to businesses run by them or employing them in a senior or relevant managerial capacity. Any such relationship must be declared prior to the procurement taking place and annually via the Declaration of Interests procedure.

Related Party Transaction Disclosures

1.39 Each year the Council has to make a disclosure of Related Party Transactions in the statement of accounts. Related Party Transactions are any payments made by the Council to:

• a. Key management employees or their immediate families such as spouses, partners, children, dependents or other close relatives;
• b. businesses owned or controlled by Officers or their close relatives; and
• c. voluntary organisations in which the Officer or a close relative has a position of influence.

1.40 Related Party Transactions are disclosed so that readers of the statement of accounts are made aware of the existence of any relationships that might affect the Council’s ability to pursue its interests independently or the interests of Officers or Members. Details must be disclosed via the Declaration of Interests form so that people know when Related Party Transactions have taken place and can assess the significance of the transactions.

Whistleblowing and Speaking Up

1.41 The Council is committed to the highest possible standards of honesty, openness, probity and accountability. We seek to conduct our affairs in a responsible manner, ensure that our activities are openly and effectively managed, and maintain our integrity and principles of public interest disclosure. In line with this commitment, where Officers become aware of activities which they believe to be illegal, improper, unethical, or otherwise inconsistent with this Code should be reported in accordance with the Whistleblowing and Speaking Up Policy.

Fraud and corruption

1.42 Officers have an important role in the Council’s strategy against fraud and corruption. All Officers need to understand their responsibilities and duties to the prevention and reporting of suspected fraud and corruption as outlined in the Council’s Anti-Fraud Corruption Strategy, which is published on the Council’s website.

1.43 Officers must be aware that it is a serious criminal offence for them corruptly to receive or give any gift, loan, fee, reward, or advantage for doing, or not doing, anything or showing favour, or disfavour, to any person in their official capacity. If an allegation is made, it is for the Officer to demonstrate as part of an investigation that any such rewards have not been corruptly obtained.

Criminal convictions/loss of driving licence or qualification

1.44 Officers must inform their manager or the Head of People and Organisational Development immediately if they:

• receive any criminal conviction, caution or are subject to a police investigation, or placed under bond during your employment with the Council, either within or outside of your normal working hours.
• receive any driving convictions that result in the loss of your driving licence (if driving is part of your contractual requirements).
• are subject to medical restrictions or changes to category entitlements in your driving licence that may impact on their ability to carry out the duties of their contracted role.
• have engaged in behaviour that has resulted in loss of licence, affiliation, accreditation or qualification that may impact on your ability to carry out the duties of their contracted role.

1.45 If a post is subject to vetting and barring checks, as well as the above, an Officer must also inform their manager immediately if they are convicted of a criminal offence. All information you provide in this regard will be dealt with in strict confidence.

Using Council equipment, materials and property

1.46 Council assets and facilities, including computers, laptops, mobile phones, photocopiers, vehicles, and offices must only be used for official Council business and not for unauthorised personal use. Officers must comply with health and safety regulations and use personal protective equipment (PPE) as required. All Council resources must be used with care to avoid wastage, loss or damage and, where applicable, returned on leaving employment.

Equality, Diversity, and Inclusion (EDI)

1.47 An important core value of the Council is the promotion of inclusivity and diversity. It seeks to ensure that the workplace is supportive of its staff and one where individual respect is shown to all members of staff, regardless of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, ethnic background, culture, sexual orientation, religion or belief, sex or any other factor. All Officers are responsible for supporting the Council to meet its obligations under the Equality Act 2010 which include: –

• Eliminating discrimination, harassment and victimisation
• Advancing equality of opportunity
• Fostering good relations between groups of people with different protected characteristics

For further information, please refer to the EDI section on the Human Resources Hub.

Commitments outside of work

1.48 Officers should not take additional outside employment which conflicts with the Council’s interests. Further details are set out in the Council’s Code of Personal Conduct and Ethics.

Officer Code of Conduct relating to Planning Matters

1.49 In addition to complying with Conditions of Service and other policies, procedures and Codes of Conduct, all Officers must ensure they comply with paragraphs 1.50 to 1.52 below in respect of matters relating to planning issues.

1.50 Officers are required to report any interest in a planning application (i.e. their own application or that of a relative or partner, or interest in any land in their ownership) to the Head of Planning and Environmental Services at the time of submission of the application to the Council. Staff interests in planning applications and reports will be identified by marking them with an “S”.

1.51 All planning applications submitted by or on behalf of a member of staff (or their relative/partner) or applications made on their land are automatically reported to and determined by the relevant Planning Committee. Such applications will be determined in accordance with established policies and material planning considerations in order to ensure there are no grounds for accusations of favouritism or bias when arriving at planning decisions.

1.52 Planning and Building Control Officers who may be materially affected by a planning application, g. a neighbour or local resident to the proposed development, should inform their line manager of this and should take no part in handling that application.

Gifts and Hospitality

1.53 Officers should exercise caution in relation to any offer or gift, favour or hospitality that is made to them in the course of their work. The Council and an Officer’s personal reputation can be seriously jeopardised as a result of inappropriately accept gifts or hospitality. It is important to be aware of the wider situation in which the offer is made. Officers must consider whether acceptance conforms to the requirements of the law and the Code of Local Authority Professional Conduct. The receipt of gifts, benefits and hospitality can create conflicts of interest and may give rise to an adverse inference as to the integrity of either the donor or the recipient. No hard and fast rules can be laid down to cover every circumstance as to what is appropriate or inappropriate. The Council has a procedure for the declaration of all gifts and hospitality (whether accepted or declined) and guidance is available via the Human Resources Hub. You can also contact the Monitoring Officer for advice.

Sponsorship – Giving and Receiving

1.54 Where an outside organisation wishes to sponsor or is seeking to sponsor a local government activity, whether by invitation, tender, negotiation or voluntarily, the basic conventions concerning acceptance of gifts or hospitality apply. Particular care must be taken when dealing with contractors or potential contractors.

1.55 Where the Council wishes to sponsor an event or service neither an Officer nor their partner, spouse or relative must benefit from such sponsorship in a direct way without there being full disclosure to the appropriate Head of Service of any such interest. The Head of Service must notify the Head of People and Organisational Development. Similarly, where the Council through sponsorship, grant aid, financial or other means, gives support in the community, Officers should ensure that impartial advice is given and that there is no conflict of interest involved.

Personal interests

1.56 Officers must declare to an appropriate manager:

• any non-financial interests that they consider could bring about conflict with the authority’s interests;
• any financial interests which could conflict with the authority’s interests;
• membership of any organisation not open to the public without formal membership and commitment of allegiance and which has secrecy about rules or membership or conduct.

Appointment and Other Employment Matters

1.57  Officers involved in appointments should ensure that these are made on the basis of merit. It would be unlawful for an Officer to make an appointment which was based on anything other than the ability of the candidate to undertake the duties of the post.

1.58 In order to avoid any possible accusation of bias, Officers should not be involved in an appointment where they are related to an applicant or have a close personal relationship with them outside of work with them. Similarly, Officers should not be involved in decisions relating to discipline, promotion or pay adjustments for any other employee who is a relative, partner, etc.

Protocol for Member / Officer Relationships

Introduction

1.1 This protocol offers guidance to Members and Officers on their respective roles and their working relations with one another, in order to ensure the efficient and effective running of the Council.

1.2 This protocol must be read and construed in the context of all relevant legislation, the Members’ Code of Conduct, the Officers Code of Conduct, Social Media Protocol and Media Relations Protocol.

1.3 It seeks to reflect and bring together the principles underlying the respective Codes of Conduct which apply to Members and Officers. The shared objective of these Codes is to enhance and maintain the integrity of the Council and those who work within it and to maintain the very high standards of personal conduct required of all who serve the public.

1.4 The Protocol does not aim to be either prescriptive or comprehensive. It gives guidance only but may be taken into account if there is a complaint about a Councillor or an Officer.

Roles of Members and Officers

1.5 Officers and Members both serve the public. Their roles are different, but complementary.

1.6 Members are responsible to the electorate and are elected for a term of office.

1.7 The Council as a whole employs its Officers. Officers are employees of the Council and are politically neutral. Their role is to give advice to all Members and to the Council, and to carry out the Council’s work under the direction and control of the Council.

1.8 Mutual respect and professionalism between Members and Officers is essential to good Local Government. Close personal familiarity between individual Members and Officers can change this relationship and prove embarrassing both to Members and Officers.

Expectations

1.9 What Members can expect from Officers: –

• A commitment to the Council as a whole, and not to any particular political group
• A working partnership
• An understanding of and support for the respective roles, workloads and pressures
• A reasonable and timely response to enquiries and complaints
• Professional advice, not influenced by political views or preference, which does not compromise the political neutrality of Officers
• Regular, up to date information on matters that can reasonably be considered appropriate and relevant to the Member’s role as a District Councillor, having regard to any individual responsibilities that they have and positions that they hold
• Awareness of and sensitivity to the political environment
• Respect, dignity and courtesy and not acting in a discriminatory way through behaviour or speech
• Integrity, mutual support and appropriate confidentiality
• That employees will not use their relationship with Members to advance their personal interests or to influence decisions improperly
• That Officers will, at all times, comply with the Officers Code of Conduct
• Training and development in order to carry out their roles effectively

1.10 What Officers can expect from Members: –

• A working partnership
• An understanding of and support for the respective roles, workloads and pressures
• Political policy direction and leadership
• Respect, dignity and courtesy and not acting in a discriminatory way through behaviour or speech
• Members should generally restrict their discussion on strategic or significant issues to more senior Officers (that is the Chief Executive, Corporate Directors or Heads of Service); Members should raise all queries on operational matters initially with Corporate Directors, Director or Heads of Service who will ensure that Members receive a timely response
• Members are encouraged to use regular briefings and / or normally make appointments before visiting Officers in order to try to avoid frequent unscheduled interruptions
• Integrity, mutual support and appropriate confidentiality
• Not to be subject to bullying or harassment or intimidation
• That Members will not use their position or relationship with Officers to advance their personal interests or those of others or to influence decisions improperly
• Members should not make detrimental remarks about individual Officers during meetings, in public or to the media
• That Members will, at all times comply with the [Members’ Code of Conduct]
• That Members will promote diversity and equality of opportunity in all Council matters
• Members should not pressure Officers to work outside their normal hours or to do anything they are not allowed to do or that is not part of their normal work

Limitations Upon Behaviour

1.11 The distinct roles of Members and Officers necessarily impose limitations upon behaviour. By way of illustration, and not as an exclusive list: –

• Close personal, as opposed to working, relationships between Members and Officers can confuse these separate roles and detrimentally affect the proper discharge of the Council’s functions, not least by creating the perception in others that a particular Member or Officer may be securing advantageous treatment.
• The need to maintain the separate roles means that there are limits to the matters on which Members may seek the advice of Officers, both in relation to personal matters and party-political issues.
• Relationships with a particular individual or party group should not be such as to create public suspicion that an employee favours that Member or group above others.

Politeness and respect

1.12 Members and Officers should show each other politeness and respect at all times. Members have the right to challenge Officers’ reports or actions in a fair and constructive manner but must avoid personal and / or public attacks.

1.13 Officers should not publicly criticise Council decisions even if they do not personally agree with those decisions.

Officer attendance at Group Meetings

1.14 The Leader of the Council or Leader of any other political group may ask the Chief Executive or Corporate Director to give or arrange a private briefing for the party group on a matter of relevance to the Council.

1.15 Officer attendance at such meetings is not obligatory.

1.16 An Officer attending such meetings will do so only to provide information and advice in connection with Council business.

1.17 Any briefings offered to or requested by a Political Group will be offered to the other party groups.

1.18 While Officers may attend Political Group meetings at which individuals who are not elected Members may be present, Members need to understand that those Officers’ ability to advise and/or share confidential information with the Group may be limited. Officers will not be able to share personal information with third parties present if to do so would cause the Council to breach the data protection requirements.

1.19 Decisions at Political Group meetings are not Council or Cabinet decisions and Political Groups do not have any delegated authority to make formally binding decisions.

Support services to Members and Political Groups

1.20 Support services should only be used for Council business which can include access to meeting spaces for political groups on the Council. Support services and Council resources should never be used for private purposes, for party political or campaigning activity.

Publicity and Correspondence

1.21 Correspondence between Members and Officers – If emails or letters between Officers and Members are copied to someone else, they should say so. Blind copies should not be sent. Officers should make it clear to Members if they are giving information which should not be disclosed. If a Member is unsure whether information is exempt or confidential they should ask the relevant Officer but treat it as such pending clarification. Members should not forward information received from an Officer to a constituent or member of the public if that information is expressed to be private or confidential.

1.22 Letters on behalf of the Council – Letters on behalf of the Council will normally be sent by Officers rather than Members. The Leader or Committee Chairs may write some letters on behalf of the Council, for example representations to government ministers. Members must never send correspondence that create obligations or give instructions on behalf of the Council.

1.23 Any Council information provided to a Member must only be used by them in connection with the proper performance of their duties as a Wealden District Councillor and subject always to confidentiality obligations as may be applicable.

Complaints about Members or Officers

1.24 If an Officer considers a Member is not complying with this Protocol, they should consider talking to the Member directly. If they do not feel able to do this, or talking to the Member does not help, they should talk to their Head of Service or Corporate Director immediately. The Head of Service or Corporate Director will talk to the Member or the Leader of their political group and / or other senior Officers as appropriate. The Officer will be told the outcome. Officers may also make a complaint alleging a breach of the Members’ Code of Conduct (Part 4.1) .

1.25 If a Member considers an Officer is not complying with this Protocol and/or the Officer Code of Conduct (Part 4.2), they should consider talking to the Officer directly. If they do not feel able to do this or talking to the Officer does not help, they should talk in the first instance to the Officer’s Head of Service or Corporate Director immediately. The Head of Service or Corporate Director will talk to the Officer and / or Chief Executive as appropriate.

Responsibility for this Protocol

1.26 The Monitoring Officer has overall responsibility for this Protocol and will periodically review its operation.

Section 1 – Overview

Introduction

1.1 The Protocol aims to help Members and Officers to deliver effective and impartial communications on behalf of the Council, increase public awareness of the services provided by the Council, allow the public to contribute to local issues, and improve local accountability.

1.2 The Protocol sets out the framework for how Officers and Members will effectively manage media relations. It is supplementary to the Protocol on Member and Officer Relations.

1.3 The protocol applies to all Members and Officers who may be required to contribute to Council publicity or communications or respond to contacts or requests from representatives of the media.

Legal Framework

1.4 All press releases and media engagement will:

• be in accordance with this protocol
• be organised and managed centrally by the Policy, Insight & Communications Team, to ensure proactive, effective, and efficient management of the Councils’ public messaging and reputation
• focus on matters of Council policy, services and democratic decisions
• not contain anything of a party-political nature
• be in line with the relevant legislation concerning publicity issued by local authorities, with particular care around the pre-election period.

1.5 Section 2 of the Local Government Act 1986 (Prohibition of political publicity) states that local authorities:

“…shall not publish any material which, in whole or in part, appears to be designed to effect support for a political party. In determining whether material falls within the prohibition regard shall be had to the content and style of the material, the time and other circumstances of publication and the likely effect on those to whom it is directed and in particular the following matters:

• Whether the material refers to a political party or to persons identified with a political party or promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another.
• Where material is part of a campaign the effect which the campaign appears to be designed to achieve.”

1.6 The term ‘publicity’ is defined in the Act as “any communication in whatever form, addressed to the public at large or a section of the public”.

The Publicity Code

1.7 Local authorities are also required by section 4(1) of the of the Local Government Act 1986 to have regard to the Code of Recommended Practice on Local Authority Publicity contents when coming to any decisions on publicity.

Media Releases – Principles

1.8 The Council’s communications will be open and honest and free from political bias.

1.9 Publicity material including media releases and statements will normally be issued by the Policy, Insight & Communications Team. They will report on the activities, decisions and outcomes of the Council and explain the background and reasons for them. They will not report on political debates within the Council or be used to comment on national political issues unless specifically relevant to this Council.

1.10 Certain publicity material issued by the Council may include a quote from the leader or relevant Portfolio Holder, unless it is of an operational, legal or technical nature or during the pre-election period.

1.11 If the media release is the result of a successful motion at Full Council, it will include the content of the motion and a quote from the proposer and seconder of the successful motion.

1.12 When a motion at Full Council has been unsuccessful only the text of the motion and contact details of its proposer and seconder will be included.

1.13 A media release about the business of a Committee should include a quote from the Committee chairperson and the appropriate Portfolio Holder. The Chair of the Council will be the spokesperson on all matters of a civic or ceremonial nature.

1.14 The contact details of the relevant Portfolio Holder and any other member quoted in the media release will be given at the end of the release.

1.15 Where members are quoted in a media release, they will be expected to provide follow up interviews with accredited media when needed, unless advised otherwise by the Leader and Chief Executive in the wider interest of the Council and its responsibilities.

1.16 Individual Members will not normally be permitted to issue media releases on behalf of the Council or its Committees (e.g. Scrutiny & Performance Committee).

1.17 Media releases issued in the name of the Council must reflect the Council’s stated policy and not the views of individual Members or groups of Members.

1.18 Political Groups may issue their own media releases to help encourage greater public participation in the democratic process. These should not name individual members of staff or refer to specific posts. A copy of any such media releases is requested to be sent to the Policy, Insight & Communications Team in advance of publication.

Roles and Responsibilities

1.19 The Policy, Insight & Communications Team:

• is responsible for co-ordinating, managing and issuing all press releases, media responses and public statements on behalf of the Council.
• will seek to inform Officers and Members before significant issues arise involving the media. However, in an increasingly fast and dynamic communications environment, particularly given the speed and ease of dissemination on social media, this will not always be possible.
• will support Members in respect of media relations both in their roles as District Councillors and as local ward representatives and community leaders. They will not assist or become involved with any communications of a political nature.

1.20 The Corporate Management Team, Heads of Service and designated Officers within the Policy, Insight & Communications Team are the only employees permitted to deal directly with media enquiries or requests.

1.21 Members of the Council:

• will be expected to attend any media training provided.
• when quoted in a media release, will be expected to provide follow-up interviews with accredited media unless advised otherwise by the Leader and Chief Executive.
• will be expected to notify the Policy, Insight & Communications Team in advance of any matters which are reasonably anticipated to give rise to significant media interest.
• will be expected to respond to media calls in a timely manner. Wherever possible this should be on the same day or within a timeframe agreed with the Policy, Insight & Communications Team.

Members being contacted by the press

1.22 If a Member contacts or is contacted by the media on an issue, they should:

• contact the Policy, Insight & Communications Team and relevant senior Officer(s), (except in relation to an enquiry that is party political in nature)
• avoid speaking to the media until they have been suitably briefed by the Policy, Insight & Communications Team and relevant senior Officers
• clearly indicate in which capacity they are speaking (eg Portfolio Holder, Leader, local ward member etc)
• make it clear whether they are speaking on behalf of the Council and in line with agreed Council policy or giving their personal opinion
• take care to avoid making statements or commitments that might have unintended consequences (e.g. relating to subjects that could be an insurance or legal matter)
• consider whether to consult other relevant members
• take particular care in the run-up to local or national elections
• seek advice and support from the Policy, Insight & Communications Team if they are in any doubt about a specific contact with the media.

Officers being contacted by the press

1.23 If an Officer is contacted by the media on an issue, they should immediately refer the enquiry to the Policy, Insight & Communications Team and offer no comments, suggestions, opinions or information to the media contact.

1.24 Officers should seek to notify the Policy, Insight & Communications Team in advance of any matters which are reasonably anticipated to give rise to significant media interest.

Publicity in election periods

1.25 According to the Local Government Association: “The pre-election period, previously known as ‘purdah’, describes the period of time immediately before elections or referendums when specific restrictions on communications activity are in place. The term ‘heightened sensitivity’ is also used.”

1.26 In the period between the notice of an election and the election itself we will halt all proactive publicity about candidates or other politicians. This applies to local and national elections.

1.27 During this period, we would refrain from dealing with controversial issues or reporting views, proposals or recommendations in a way that associates them with individual members or political groups. This is to make sure that no individual member or political party gains an unfair advantage by appearing in corporate publicity.

1.28 During the pre-election period, where a response is required, we would issue a short factual statement and if a quote is required, the relevant Officer may be quoted, in accordance with the guidelines in this protocol.

Social Media

1.29 Social media can be an incredibly useful tool; it can increase engagement by reaching a wider audience and enable active conversations with communities. It can also support increased participation, stimulating debate about services, campaigns and local issues. Members are personally responsible for their conduct online and should always be mindful of the Code of Conduct for Members and the Nolan Principles. Further guidance on using social media to conduct Council business or to represent the Council is provided in the separate Social Media Protocol (Part 4.5).

Working with Partners

1.30 The Council works in partnership with a number of other agencies, authorities and organisations. In the interests of openness and transparency it is important to publicise the Council’s involvement and responsibilities in any partnership events or activities. The Council’s branded logo should sit alongside its partners in any joint publicity including launches, publications and media releases.

1.31 The Council will support its partners by sourcing and providing quotes from Members. It will also collaborate with its partners to secure the most effective media coverage for specific partnerships. The Policy, Insight & Communications Team should be consulted over any partnership protocols relating to publicity, media and social media to ensure they align with the Council’s own protocols.

1.32 Where the number of quotes in a partnership media release is likely to compromise the success of the media release, the Council will seek to ensure that only quotes by principal partners are included. Media releases involving partners will be sent to their communications representatives on publication. Copies will also be sent to parish and town clerks where appropriate.

1.33 In the event of a Parliamentary election, it is possible that prospective candidates may request to visit Council buildings, land or services. Such requests will normally be allowed unless there are sound reasons not to. All prospective candidates will be treated fairly and equally.

Section 1 – Overview

Introduction

1.1 There’s a golden rule for using social media, which is: if you are unsure about posting something, stop and ask for advice first before doing anything else.

1.2 Using social media as an elected (or co-opted) Member of a Council is very different from using it as someone who isn’t. Councillors have additional responsibilities because of their position.

1.3 As a general guideline, Members should not post any message on social media that they would not say in a public meeting.

Dos and Don’ts

1.4 Do

• Be responsible and respectful at all times.
• Be cautious if sharing other people’s content / links and make sure to credit other people’s work.
• Use social media in the spirit in which it was intended – to engage, openly and honestly.
• Seek feedback from your residents (but make sure you share the results with them).
• Listen – social media is designed to be a two-way channel, just like any good conversation.
• If you have your own social media channel/blog, set and check you have the appropriate privacy settings.
• Keep an eye out for defamatory or obscene posts on your channels and remove them as soon as possible to avoid the perception that you condone such views.
• Be aware that you will be seen as acting in your official capacity if you publish information that you could only have accessed by being an elected member.
• Talk to the Policy, Insight & Communications Team if you need advice – they can consult relevant colleagues if needed.

1.5 Don’t

• Post social media content in haste, particularly in circumstances where your judgment might be impaired; for example, if you’re tired or upset by a comment.
• Post comments that you would not be prepared to make on paper or face to face, or content which will embarrass the Council or yourself.
• Request or accept a Council employee or contractor providing services to the Council as a “friend” on a social networking site; this suggests close personal association. For the avoidance of doubt, this does not apply to sites which are intended as neutral, professional connections (such as LinkedIn).
• Use social media in any way to attack, insult, abuse, defame or otherwise make negative, offensive or discriminatory comments about Council staff, service users, their family or friends, colleagues, other professionals, other organisations or the Council.
• Publish confidential information that you may have learned or had access to as part of your role as an elected member. This includes personal information about service users, their families or friends, contractors, Council staff as well as Council related information.
• Represent your personal views, or those of political party or interest group you belong to, as being those of the Council.
• Try to cover up mistakes, be honest and you’ll get more respect for it in the long run.
• Assume that social media will look after itself – you will need to invest time, enthusiasm and energy to make it work.
• Ignore advice from Council Officers; their advice and guidance is there to help you and to protect the interests of the Council as a whole.

Further Guidance

1.6 The Council has its own social media accounts which act as its official channels across Facebook, Twitter, LinkedIn, Instagram, Bluesky, TikTok, Whatsapp, and YouTube.

1.7 Members are personally responsible for the social media content they create, publish and share. It is important that you think before you publish, as words published on social media cannot easily be retracted.

1.8 Be mindful if using social media during an official Council meeting or event that the use does not negatively impact on the proceedings or contravene this Constitution or other Council protocols.

Members’ Code of Conduct

1.9 Members are still subject to the Code of Conduct on social media where there is an explicit link between the content posted and Council business or your role as Councillor. Members should demonstrate good conduct at all times and so should act as though their public engagement on social media falls in scope of the Members’ Code of Conduct (Part 4.1).

1.10 Examples of sections of the Code you should be aware of:

• Treating others with respect – avoid personal attacks and any disrespectful, rude or
• offensive comments.
• Refraining from publishing anything you have received in confidence – avoid breaching the code by disclosing confidential information
• Ensure you do not bring the Council or your Councillor role into disrepute.

Personal Use of Social Media

1.11 The key to whether your online activity is subject to the Members’ Code of Conduct (Part 4.1) is whether you are acting or giving the impression that you are acting in your official capacity as a Councillor.

1.12 One way to help you maintain a divide between your personal and your public profile as a Councillor is to have two separate accounts – one for personal/private business and the other for Councillor activities. However, even then, you still need to be careful to ensure that what you say on your personal / private business account does not compromise your position as a Councillor.

1.13 If, in respect of any personal use of social media, you can be identified as associated with the Council by title, profile or content then the following guidance should be complied with.

1.14 You should:

• Expressly state (through a prominent disclaimer) on any profile or content that identifies you as a Councillor (or otherwise refers to or implies a relationship with the Council) that the stated views are your own personal views and not those of the Council. (Proposed wording for disclaimer – Views expressed are solely my own).
• Ensure that readers are not misled into believing that any material published by you is on behalf of the Council, authorised by the Council or official Council policy if it is not.
• Ensure all content that relates to the Council or Council business is accurate, fairly balanced, not misleading and complies with any relevant Council policy.
• Comply with the terms and conditions of the social media site being used.

1.15 You must not:

• Make any comment or post material so as to give a reasonable person the impression that you have brought your office as Councillor or the Council into disrepute.
• Present political or personal opinion as fact or as representative of the Council.
• Imply that you are authorised to speak as a representative of the Council nor give the impression that the views you express are those of the Council.
• Publish content that promotes personal/ family interests, personal financial interests or any personal commercial ventures.

 Understand what you can and can’t post online, including legally

1.16 Councillors are personally responsible for the social media content they create, publish and share. In the main, Members have the same legal duties online as anyone else (see below), but failures to comply with the law may have more serious consequences. There are some additional duties around using a member’s website for electoral campaigning and extra care needs to be taken when writing on planning, licensing and other quasi-judicial matters.

1.17 Libel – If you publish an untrue statement about a person which is damaging to their reputation they may take a libel action against you. This will also apply if you allow someone else to publish something libellous on your social media or channel if you know about it and don’t take prompt action to remove it. A successful libel claim against you will result in an award of damages against you.

1.18 Copyright – Placing images or text on your social media or channel from a copyrighted source (for example extracts from publications or photos) without permission is likely to breach copyright. Avoid publishing anything you are unsure about, or seek written permission in advance. Breach of copyright may result in an award of damages against you.

1.19 Data Protection – Avoid publishing the personal data of individuals unless you have their express written permission.

1.20 Bias and pre-determination – If you are involved in determining planning or licensing applications or other quasi-judicial decisions, avoid publishing anything on your social media that might suggest you don’t have an open mind about a matter you may be involved in determining. If not, the decision runs the risk of being invalidated.

1.21 Obscene material – avoid publishing anything in your social media that people would consider obscene as it is a criminal offence.

1.22 Bullying and discriminatory comments – Behaving in a discriminatory, bullying or harassing way towards any individual or group, including making offensive or derogatory comments relating to any of the protected characteristics under the Equality Act 2010 (namely sex, gender reassignment, race (including nationality), disability, sexual orientation, religion or belief or age) via social media by posting images or links or comments could, in certain circumstances, result in criminal sanction.

1.23 When posting to social media you should remember that:

• you are an elected representative of your Council
• what you post can affect the reputation of your Council
• you can’t, independently, make decisions for the Council on social media
• some issues and communications are best left to your Council’s official social media channels, which are managed by Officers
• having a single voice or message can be critical in some situations – for example, in the event of major flooding
• you don’t have to respond to or comment on everything on social media – and sometimes it’s best not to.

Think carefully before you press ‘publish’, ‘share’ or ‘retweet’!

1.24 While the above list is not exhaustive it does highlight some of the more obvious issues. If you are in any doubt, speak to the Monitoring Officer.

Section 1 – Overview

Introduction 

1.1 Wealden District Council, in exercise of the powers conferred by the Local Authorities (Members’ Allowances) (England) Regulations 2003 as amended, makes the following Scheme. 

1.2 This Scheme shall have effect from 2025 and subsequent years. 

1.3 In this Scheme, “Councillor” means a Member of Wealden District Council and “Year” means the 12 months ending with 31 March.

Basic Allowance  

1.4 Subject to paragraph 1.17, for each year, a basic allowance as set out at Appendix A1 shall be paid to each Councillor.

Special Responsibility Allowance (SRA)  

1.5 Subject to paragraph 1.17, for each year, an SRA shall be paid in addition to any basic and carers’ allowances to those Councillors who hold the special responsibilities as specified in Appendix A1.

1.6 Subject to paragraphs 1.17, the amount of each such allowance shall be the amount specified against that responsibility in Appendix A1.

1.7 No Councillor shall be entitled to more than one SRA payment. Where a Councillor holds more than one office, then the higher of the SRAs shall apply. 

Childcare Expenses 

1.8 To be payable for attendance at the approved duties as set out in the Schedule. The rate is set out in Appendix A1. In order to claim this, Members will need to submit a claim using the prescribed form together with a valid business receipt issued by the care provider.

Dependent Carer’s Expenses 

1.9 To be payable for attendance at the approved duties as set out in the Schedule. The rate is set out in Appendix A1. In order to claim this, Members will need to submit a claim using the prescribed form together with a valid business receipt issued by the care provider.

Travelling and Subsistence Expenses 

1.10 To be payable for attendance at the approved duties as set out in the Schedule. The rate is set out in Appendix A1. Members will need to submit a claim using the prescribed form together with valid VAT receipts.

1.11 In relation to travel expenses, the required vehicle documents which must be provided annually to Democratic Services for claiming business mileage are: 

• V5C car registration document 
• MOT document if the car is older than 3 years 
• Insurance certificate showing the vehicle is insured for business use 
• Driving Licence  
• Driving Licence Summary Report

 Time limit for submission of expense claims 

1.12 Claims shall be submitted monthly using the prescribed claim form by the 14^th of each month to be paid by the last working day of that month. In any event, claims shall be submitted no later than 3 months after the entitlement to the claim arises.

Claims and Payment Arrangements 

1.13 All claims must be accompanied by a valid receipt and payment is subject to Councillors signing to say they have actually and necessarily incurred the amount being claimed.

1.14 Payments in respect of allowances are made in instalments of one-twelfth of the amount specified in this Scheme on the last working day of each month.

1.15 All allowances along with any applicable expenses claims are paid direct into a bank/building society of your choice.

Co-opted Members  

1.16 Co-opted Independent Members (sitting on Audit and Governance Committee and Standards Committee) and Parish Members (sitting on Standards Committee) are entitled to claim travelling expenses at the rates in Appendix 1. This expense is taxable. A claim form will be provided should be completed and forwarded to Democratic Services as soon as possible after the duty has been performed. The provisions in this Scheme in relation to payment of travel expenses applies to Independent Members and Parish Members.

Foregoing Allowances 

1.17 A member may, by notice in writing given to the Monitoring Officer, elect to forego any part of their entitlement to an allowance under this Scheme.

Adjustments of Allowances 

1.18 Where payment of any allowance has already been made in respect of any period during which the member concerned: –

• i. ceases to be a Member of Wealden District Council; or
• ii. is in any other way not entitled to receive the allowance in respect of that period,

the District Council requires that such part of the allowance as relates to any such period be repaid to the District Council 

Income Tax, National Insurance and Benefits 

1.19 Allowances will be subject to income tax and national insurance in accordance with instructions from HM Revenue and Customs.

1.20 Allowances may affect certain benefits received and so guidance should be sought from the relevant body.

Pensions 

1.21 Members are not eligible to join the Local Government Pension Scheme.

Avoidance of Duplication of Allowances 

1.22 A Councillor performing approved duties as a member of more than one body or becoming entitled to payments made under any other legislation must ensure that only one claim is made for that duty.

Records

1.23 Records shall be kept of the payment made to Councillors in accordance with this Scheme.

1.24 This record shall specify the name of the recipient, the amount and nature of each payment.

1.25 The records shall be available, at all reasonable times, for inspection and at no charge to any local government elector for the area of that authority

Schedule – Approved Duty

1.26 The duties referred to in this Scheme as approved duties for the purpose of the payment of Travel, Subsistence and Carers’ Allowances are as follows:

• Attendance at:

• i. attending meetings of a Committee, Sub-Committee, Working/Task and Finish Group of which you are a Member (or substitute Member); 
• ii. attending training sessions approved by the Council;

• iii attending Cabinet, Audit and Governance Committee and Scrutiny and Performance Committee (even if you are not a Member of the Cabinet or those Committees) and Full Council meetings;
• iv. attending meetings of parish or town Council(s) that are in your ward and that you are not already a Member of;
• v. if you are a Member of a Planning Committee – visiting sites for which the application is on the Planning Committee agenda or attending planning briefings;
• vi. attending meetings of outside bodies for which you are the Council’s representative;
• vii. attending a Planning Committee as a ward Member;
• viii. attending meetings relating to Portfolio Holder duties outside of your ward.
• Members are not able to claim for:

• i. attending meetings of a Committee that you are not a Member (or substitute Member) of (other than those listed above)
• ii. any SRA applying to a Member that they are substituting for;

• iii. attending Political Group meetings;
• iv. meeting with an Officer of the Council (or other authorities) about a matter which you are dealing with as a ward Member;
• v. meetings or visits that relate to ward matters.

Section 1 – Overview

Introduction

1.1 The aim of this code of good practice: to ensure that in the planning process there are no grounds for suggesting that a decision has been biased, partial or not well founded in any way.

1.2 One of the key purposes of the planning system is to regulate the development and use of land in the public interest. Your role as a Member of the Planning Authority is to make planning decisions openly, impartially, with sound judgement and for justifiable reasons. You are also a democratically accountable decision-taker who had been elected to provide and pursue policies. You are entitled to be predisposed to make planning decisions in accordance with your political views and policies provided that you have considered all material considerations and have given fair consideration to relevant points raised.

1.3 When the Code of Good Practice applies: this code applies to Members at all times when involving themselves in the planning process. (This includes when taking part in the decision making meetings of the Council in exercising the functions of the Planning Authority or when involved on less formal occasions, such as meetings with Officers or the public and consultative meetings). It applies as equally to planning enforcement matters or site specific policy issues as it does to planning applications.

1.4 If you have any doubts about the application of this Code to your own circumstances you should seek advice early, from the Monitoring Officer or one of his or her staff, and preferably well before any meeting takes place.

Relationship to the Members’ Code of Conduct

1.5 Do apply the rules in the Authority’s Code of Conduct first, which must be always be complied with. This is both the rules on disclosable pecuniary interests (and other interests if included in your authority’s code) and the general rules giving effect to the seven principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

1.6 Do then apply the rules in this Members’ Planning Code, which seek to explain and supplement the Members’ Code of Conduct for the purposes of planning and development control. If you do not abide by this Members’ Planning Code, you may put:

1.7 the Council at risk of proceedings on the legality or maladministration of the related decision; and

1.8 yourself at risk of either being named in a report made to the Standards Committee or Council or, if the failure is also likely to be a breach of the Localism Act 2011, a complaint being made to the police to consider criminal proceedings.

1.9 Do be aware that, like the Council’s Code of Conduct, this Planning Code is a reflection and summary of the law on decision making and not a direct replication of it. If in doubt, seek the advice of your monitoring Officer or their staff advising at the meeting.

Development Proposals and Interests under the Members’ Code

1.10 Do disclose the existence and nature of your interest as required by the Members Code of Conduct.

1.11 Do take into account when approaching a decision that the Principle of integrity is defined, by the Committee on Standards in Public Life in 2013, in terms that “Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships”. It is therefore advisable that you:

1.12 Don’t seek or accept any preferential treatment, or place yourself in a position that could lead the public to think you are receiving preferential treatment, because of your position as a Councillor. This would include, where you have a disclosable or other personal conflict of interest in a proposal, using your position to discuss that proposal with Officers or Members when other members of the public would not have the same opportunity to do so.

1.13 Do note that you are not prevented from seeking to explain and justify a proposal in which you may have a conflict of interest to an appropriate Officer, in person or in writing, but that the Members’ Code of Conduct may place additional limitations on you in representing that proposal

1.14 Do notify the Monitoring Officer in writing where it is clear to you that you have a disclosable pecuniary interest or other personal conflict of interest and note that:

• you should send the notification no later than submission of that application where you can;
• the proposal will always be reported to the Committee as a main item and not dealt with by Officers under delegated powers;
• you must not get involved in the processing of the application; and
• it is advisable that you employ an agent to act on your behalf in respect of the proposal when dealing with Officers and in public speaking at Committee.

Fettering Discretion in the Planning Process

(natural justice, predisposition and predetermination)

1.15 Don’t fetter your discretion and therefore your ability to participate in planning decision making at this Council by approaching the decision with a closed mind. Fettering your discretion in this way and taking part in the decision will put the Council at risk of a finding of maladministration and of legal proceedings on the grounds of bias, pre-determination or a failure to take into account all of the factors enabling the proposal to be considered on its merits.

1.16 Do be aware that in your role as an elected Member you are entitled, and are often expected, to have expressed views on planning issues and that these comments have an added measure of protection under the law. Your prior observations, apparent favouring or objections in respect of a particular outcome will not on their own normally suffice to make a decision unlawful and have it quashed, but you must never come to make a decision with a closed mind.

1.17 Do keep at the front of your mind that, when you come to make the decision, you:

• must keep an open mind and hear all of the evidence before you, both the Officers’ presentation of the facts and their advice and the arguments from all sides;
• are not required to cast aside views on planning policy you held when seeking election or when otherwise acting as a Member, in giving fair consideration to points raised;
• are only entitled to take account a material consideration and must disregard considerations irrelevant to the question and legal context at hand; and
• are to come to a decision after giving what you feel is the right weight to those material considerations.

1.18 Do be aware that you can be biased where the Council is the landowner, developer or applicant and you have acted as, or could be perceived as being, a chief advocate for the proposal. (This is more than a matter of membership of both the proposing and planning determination Committees, but that through your significant personal involvement in preparing or advocating the proposal you will be, or perceived by the public as being, no longer able to act impartially or to determine the proposal purely on its planning merits.)

1.19 Do consider yourself able to take part in the debate on a proposal when acting as part of a consultee body (where you are also a member of the Parish Council, for example, or both a district/borough and county Councillor), provided:

• the proposal does not substantially effect the well-being or financial standing of the consultee body;
• you make it clear to the consultee body that:

• i. your views are expressed on the limited information before you only;
• ii. you must reserve judgement and the independence to make up your own mind on each separate proposal, based on your overriding duty to the whole community and not just to the people in that area, ward or parish, as and when it comes before the Committee and you hear all of the relevant information; and

• iii. you will not in any way commit yourself as to how you or others may vote when the proposal comes before the Committee.

1.20 Do explain that you do not intend to speak and vote as a member of the Committee because you will be perceived as having judged (or you reserve the right to judge) the matter elsewhere, so that this may be recorded in the minutes. (Use the disclosure form provided for disclosing interests.)

1.21 Do take the opportunity to exercise your separate speaking rights as a Ward/Local Member (where this is granted by the authority’s standing orders or by the consent from the Chair and Committee) where you have represented your views or those of local electors and fettered your discretion, but do not have a disclosable or other personal conflict of interest. Where you do:

• i. advise the proper Officer or Chair that you wish to speak in this capacity before commencement of the item;
• ii. remove yourself from the seating area for members of the Committee for the duration of that item; and

• iii. ensure that your actions are recorded in accordance with the Council’s Committee procedures.

Contact with Applicants, Developers and Objectors

1.22 Do refer those who approach you for planning, procedural or technical advice to Officers.

1.23 Don’t agree to any formal meeting with applicants, developers or groups of objectors where you can avoid it. Where you feel that a formal meeting would be useful in clarifying the issues, you should seek to arrange that meeting yourself through a request to the Development Manager or Head of Planning and Environmental Services to organise it. The Officer(s) will then ensure that those present at the meeting are advised from the start that the discussions will not bind the authority to any particular course of action, that the meeting is properly recorded on the application file and the record of the meeting is disclosed when the application is considered by the Committee.

1.24 Do otherwise:

• i. follow the rules on lobbying;
• ii. consider whether or not it would be prudent in the circumstances to make notes when contacted; and

• iii. report to the Development Manager or Head of Planning and Environmental Services any significant contact with the applicant and other parties, explaining the nature and purpose of the contacts and your involvement in them, and ensure that this is recorded on the planning file.

1.25 In addition in respect of presentations by applicants/developers:

• Don’t attend a planning presentation without requesting an Officer to be present.
• Do ask relevant questions for the purposes of clarifying your understanding of the proposals.
• Do remember that the presentation is not part of the formal process of debate and determination of any subsequent application, this will be carried out by the appropriate Committee of the planning authority.
• Do be aware that a presentation is a form of lobbying and, whilst you may express any view on the merits or otherwise of the proposal presented, you should never state how you or other Members would intend to vote at a Committee.

Lobbying of Councillors

1.26 Do explain to those lobbying or attempting to lobby you that, whilst you can listen to what is said, it may subsequently prejudice your impartiality, and therefore your ability to participate in the Committee’s decision making, to express an intention to vote one way or another or such a firm point of view that it amounts to the same thing.

1.27 Do remember that your overriding duty is to the whole community not just to the people in your ward and, taking account of the need to make decisions impartially, that you should not improperly favour, or appear to improperly favour, any person, company, group or locality.

1.28 Don’t accept gifts or hospitality from any person involved in or affected by a planning proposal. If a degree of hospitality is entirely unavoidable, ensure it is of a minimum, its acceptance is declared as soon as possible, including its addition to your register of interests where relevant.

1.29 Do copy or pass on any lobbying correspondence you receive to the Development Manager, Head of Planning and Environmental Services or Planning Team Leader at the earliest opportunity.

1.30 Do or Head of Planning and Environmental Services promptly refer to the Development Manager any offers made to you of planning gain or constraint of development, through a proposed s.106 Planning Obligation or otherwise.

1.31 Do inform the Monitoring Officer where you feel you have been exposed to undue or excessive lobbying or approaches (including inappropriate offers of gifts or hospitality), who will in turn advise the appropriate Officers to follow the matter up.

1.32 Do note that, unless you have a disclosable or overriding other personal conflict of interest, you will not have fettered your discretion or breached this Planning Code through:

• listening or receiving viewpoints from residents or other interested parties;
• making comments to residents, interested parties, other Members or appropriate Officers (making clear that you must keep an open mind);
• seeking information through appropriate channels; or
• being a vehicle for the expression of opinion of others in your role as a Local Ward Member.

Lobbying by Councillors

1.33 Don’t become a member of, lead or represent an organisation whose primary purpose is to lobby to promote or oppose planning proposals. If you do, you will be seen to have fettered your discretion on the grounds of bias.

1.34 Do join general interest groups which reflect your areas of interest and which concentrate on issues beyond particular planning proposals, such as the Victorian Society, CPRE, Ramblers Association or a local civic society, but you should normally disclose that interest on the grounds of transparency where the organisation has made representations on a particular proposal and make it clear to that organisation and the Committee that you have reserved judgement and the independence to make up your own mind on each separate proposal

1.35 Don’t excessively lobby fellow Councillors regarding your concerns or views nor attempt to persuade them that they should decide how to vote in advance of the meeting at which any planning decision is to be taken

1.36 Do be aware of the power of social media posts or re-posting and be careful to not to give the impression that you will definitively vote in a certain way or act with a closed mind if you intend to participate in the decision making on behalf of the authority.

1.37 Don’t decide or discuss how to vote on any application at any sort of political group meeting, or lobby any other Member to do so. Political Group Meetings should never dictate how Members should vote on a planning issue.

Site Visits/Inspections

1.38 Do try to attend site visits organised by the Council where possible.

1.39 Don’t request a site visit unless you feel it is strictly necessary because:

• particular site factors are significant in terms of the weight attached to them relative to other factors or the difficulty of their assessment in the absence of a site inspection; or
• there are significant policy or precedent implications and specific site factors need to be carefully addressed.

1.40 Do ensure that you report back to the Committee any information gained from the site visit that you feel would benefit all Members of the Committee

1.41 Do ensure that you treat the site visit only as an opportunity to seek information and to observe the site.

1.42 Do ask the Officers at the site visit questions or seek clarification from them on matters which are relevant to the site inspection.

1.43 Don’t hear representations from any other party, with the exception of the Ward Member(s) whose address must focus only on site factors and site issues. Where you are approached by the applicant or a third party, advise them that they should make representations in writing to the authority and direct them to or inform the Officer present.

1.44 Don’t express opinions or views.

1.45 Don’t enter a site which is subject to a proposal other than as part of an official site visit, even in response to an invitation, as this may give the impression of bias unless:

• you feel it is essential for you to visit the site other than through attending the official site visit,
• you have first spoken to the Development Manager or Head of Planning and Environmental Services about your intention to do so and why (which will be recorded on the file) and
• you can ensure you will comply with these good practice rules on site visits.

Public Speaking at Meetings

1.46 Don’t allow members of the public to communicate with you during the Committee’s proceedings (orally, in writing or by social media) other than through the scheme for public speaking or through the Chair, as this may give the appearance of bias.

1.47 Don’t participate in social media or exchanges by texting as a member of the Committee during the Committee’s proceedings as this may give the impression of undue external influence and may give the appearance of bias.

1.48 Do ensure that you comply with the Council’s procedures in respect of public speaking.

Officers

1.49 Don’t put pressure on Officers to put forward a particular recommendation. (This does not prevent you from asking questions or submitting views to the Development Manager, Head of Planning and Environmental Services or Planning Team Leader which may be incorporated into any Committee report).

1.50 Do recognise that Officers are part of a management structure and only discuss a proposal, outside of any arranged meeting, with a Head of Service or those Officers who are authorised by their Head of Service to deal with the proposal at a Member level.

1.51 Do recognise and respect that Officers involved in the processing and determination of planning matters must act in accordance with the Council’s Code of Conduct for Officers and their professional codes of conduct, primarily the Royal Town Planning Institute’s Code of Professional Conduct. As a result, planning Officers’ views, opinions and recommendations will be presented on the basis of their overriding obligation of professional independence, which may on occasion be at odds with the views, opinions or decisions of the Committee or its Members.

Decision Making

1.52 Do ensure that, if you request a proposal to go before the Committee rather than be determined through Officer delegation, that your planning reasons are recorded and repeated in the report to the Committee.

1.53 Do come to meetings with an open mind and demonstrate that you are open-minded.

1.54 Do comply with section 38(6) of the Planning and Compulsory Purchase Act 2004 and make decisions in accordance with the Development Plan unless material considerations indicate otherwise.

1.55 Do come to your decision only after due consideration of all of the information reasonably required upon which to base a decision. If you feel there is insufficient time to digest new information or that there is simply insufficient information before you, request that further information. If necessary, defer or refuse.

1.56 Don’t vote or take part in the meeting’s discussion on a proposal unless you have been present to hear the entire debate, including the Officers’ introduction to the matter. (Where a matter is deferred and its consideration recommences at a subsequent meeting, only Members who were present at the previous meeting will be able to vote. If this renders the Committee inquorate then the item will have to be considered afresh and this would include public speaking rights being triggered again).

1.57 Do have recorded the reasons for Committee’s decision to defer any proposal and that this is in accordance with the Council’s protocol on deferrals.

1.58 Do make sure that if you are proposing, seconding or supporting a decision contrary to Officer recommendations or the development plan that you clearly identify and understand the planning reasons leading to this conclusion/decision. These reasons must be given prior to the vote and be recorded (it will help to take advice from Officers when and where necessary to do this and, if there are no indications allowing you to do this in advance of the meeting, it may be helpful to request a short adjournment for these purposes). Be aware that you may have to justify the resulting decision by giving evidence in the event of any challenge.

 Training

1.59 Don’t participate in decision making at meetings dealing with planning matters if you have not attended the mandatory planning training prescribed by the Council.

1.60 Do endeavour to attend any other specialised training sessions provided, since these will be designed to extend your knowledge of planning law, regulations, procedures, Codes of Practice and the Development Plans beyond the minimum referred to above and thus assist you in carrying out your role properly and effectively.

1.61 Do participate in the annual review of a sample of planning decisions to ensure that Members` judgements have been based on proper planning considerations.

1.62 Acknowledgements: Lawyers In Local Government publication 2024

Section 1 – Overview

1.1 This protocol sets out Members’ entitlement to maternity, paternity, shared parental and adoption leave and relevant allowances.

Introduction

1.2 There is currently no legal right to parental leave for elected Members. This policy has been voluntarily adopted and is aimed at making the role of an elected Member more accessible, diverse and to provide a positive environment for Members with family responsibilities.

1.3 The aim of the policy is to ensure that, insofar as possible, Members can take appropriate leave at the time of birth or adoption and that reasonable and adequate arrangements are in place to provide cover for Portfolio Holders and others in receipt of Special Responsibility Allowances (SRA) during any period of leave taken.

Leave Periods

Maternity Leave

1.4 Members giving birth are entitled to up to 6 months maternity leave from the due date, with the option to extend up to 52 weeks by agreement if required.

1.5 In addition, where the birth is premature, the Member is entitled to take leave during the period between the date of the birth and the due date in addition to the 6 months’ maternity period. In such cases any leave taken to cover prematurity of 28 days or less shall be deducted from any extension beyond the initial 6 months.

1.6 In exceptional circumstances, and only in cases of prematurity of 29 days or more, additional leave may be granted, and such exceptional leave shall not be deducted from the total 52-week entitlement.

Paternity Leave

1.7 Members shall be entitled to take a minimum of 2 weeks paternity leave if they are the biological father or nominated carer of their partner/spouse following the birth of their child(ren).

Shared Parental Leave

1.8 A Member who has made Shared Parental Leave arrangements through their employment is requested to advise the Council of these at the earliest possible opportunity. Every effort will be made to replicate such arrangements in terms of leave from Council duties.

1.9 Where both parents are Members, leave may be shared up to a maximum of 24 weeks for the first six months and 26 weeks for any leave agreed thereafter, up to a maximum of 50 weeks. Special and exceptional arrangements may be made in cases of prematurity.

Adoption Leave

1.10 A Member who adopts a child through an approved adoption agency shall be entitled to take up to six months adoption leave from the date of placement, with the option to extend up to 52 weeks by agreement if required.

Leave Arrangements

1.11 It is important to note that any Member who takes maternity, shared parental or adoption leave is still required under the Local Government Act 1972 to attend a meeting of the Council within a six-month period unless the Council Meeting agrees to an extended leave of absence prior to the expiration of that six-month period.

1.12 Any Member intending to take maternity, paternity, shared parental or adoption leave will be responsible for ensuring that they comply with the relevant notice requirements of the Council, both in terms of the point at which the leave starts and the point at which they return.

1.13 Any Member intending to take maternity, paternity, shared parental or adoption leave should discuss, as appropriate or relevant, with Officers, ward colleagues or their Political Group, arrangements for covering casework and other ward responsibilities.

1.14 Any Member taking leave should ensure that they respond to reasonable requests for information as promptly as possible, and that they keep the Monitoring Officer and their Group Leader (if applicable) informed and updated in relation to intended dates of return and requests for extension of leave.

Parental Bereavement Leave

1.15 If a stillbirth occurs after 24 weeks’ of pregnancy, full maternity and paternity benefits and leave as set out in this policy will apply.

1.16 In line with the eligibility for paid employees under the Parental Bereavement (Leave) Regulations 2020, Members are entitled to two weeks bereavement leave following the death of a child under the age of 18, with continued entitlement to allowance as set out for parental leave in accordance with protocol.

Basic Allowance

1.17 All Members shall continue to receive their Basic Allowance in full whilst on maternity, paternity or adoption leave.

Special Responsibility Allowances

1.18 Members entitled to an SRA shall continue to receive their allowance in full in the case of maternity, paternity, shared parental or adoption leave.

1.19 Where a replacement is appointed to cover the period of absence that person shall receive an SRA on a pro rata basis for the period of the temporary appointment.

1.20 The payment of an SRA, whether to the primary SRA holder or a replacement, during a period of maternity, paternity, shared parental or adoption leave shall continue for a period of six months, or until the date of the next Annual Meeting of the Council, or until the date when the Member taking leave is up for election (whichever is soonest). At such a point, the position will be reviewed and will be subject to a possible extension for a further six-month period.

1.21 Should a Member appointed to replace the member on maternity, paternity, shared parental or adoption leave already hold a remunerated position, the ordinary rules relating to payment of more than one SRA shall apply.

1.22 Unless the Member taking leave is removed from their post at an Annual General Meeting of the Council whilst on leave, or unless the political party/group to which they belong loses control of the Council during their leave period, they shall return at the end of their leave period to the same post, or to an alternative post with equivalent status and remuneration which they held before the leave began.

Resigning from Office and Elections

1.23 If a Member decides not to return at the end of their maternity, paternity, shared parental or adoption leave they must notify the Council at the earliest possible opportunity. All allowances will cease from the effective resignation date. Any applicable provisions within the Members’ Allowances Scheme will apply.

1.24 If an election is held during the Member’s maternity, paternity, shared parental or adoption leave and they are not re-elected, or decide not to stand for re-election, their basic allowance and SRA (if appropriate) will cease from the Monday after the election date when they would technically leave office.

Practical Arrangements

1.25 A Member intending to take parental leave must in the first instance inform their group leader (if applicable) and the Monitoring Officer in writing. Members are asked to provide notice of their intention to take parental leave in accordance with the timescales set out below:

• Pregnant Members should give notice by no later than 28 days before they want to commence their maternity leave. Confirmation of the pregnancy and the expected week of childbirth is usually via a MAT B1 certificate (a form given to a woman by their doctor or midwife after the 20th week of pregnancy and shows the expected date of childbirth). As soon as practicable after the birth they should notify the same of the baby’s date of birth in writing.
• A Member who is a primary adopter should give notice within 7 days of being told they have been matched with a child and provide confirmation of the adoption through the provision of a matching certificate, and the date the child is to be placed with the Member.
• For paternity leave a Member should give notice by the 15th week before the expected week of childbirth.
• A Member who is intending to take shared parental leave must advise of their intention at least 8 weeks before.

1.26 Any Member taking leave for more than a 2-month period must meet with the Monitoring Officer and Group Leader (if applicable) to discuss practical issues including how to keep in touch and about expected dates of return.

1.27 The Monitoring Officer will ensure that business support and payroll are informed of arrangements to ensure that allowances are paid in accordance with this Protocol.

1.28 Any requests for special or exceptional circumstances, or extensions in line with the Protocol will be agreed by the Monitoring Officer in consultation with the Leader of the Council, and the Group Leader (if applicable).

1.29 For single Member wards it will be the responsibility of the Group Leader to allocate another Member to undertake a ‘caretaking’ role, in consultation with the Monitoring Officer. If a Member is independent and not part of a Political Group, the Monitoring Officer will liaise with that Member and any other independent Members as to who is best placed to take on the “caretaking” role.

1.30 Appointments to cover areas of Special Responsibility whilst a Member is on parental leave will be made in accordance with the relevant procedures for appointments.

Section 1 – Overview

Role and Responsibilities

1.1 The Monitoring Officer is a statutory designation under section 5 of the Local Government and Housing Act 1989 (“1989 Act”). This Protocol describes the role and provides general information about how the statutory requirements will be discharged.

1.2 The role of the Monitoring Officer rests with the Chief Legal and Governance Officer.

1.3 The main functions of the Monitoring Officer are:

• To report to the Council or to the Executive under Sections 5 or 5A of the 1989 Act in any case where he or she is of the opinion that any proposal or decision has given rise to or is likely to or would give rise to any illegality or maladministration. Reports under Section 5 or 5A of the 1989 Act will be referred to as ‘Section 5 Report(s)” in this Protocol.
• To investigate any matter which the Monitoring Officer believes might give rise to a report, or where he or she has received an allegation to that effect.
• To contribute to the promotion and maintenance of high standards of conduct by Councillors and Officers both directly and through support to the Executive, Council and its Committees.
• To act as the principal adviser to the Standards Committee.
• To administer, arrange investigations and take decisions about allegations of failure to comply with the Members Code of Conduct and Co-opted Members in accordance with the Council’s arrangements made under section 28 of the Localism Act 2011.
• To administer, arrange investigations and take decisions about allegations of failure to comply with Town and Parish Council’s Codes of Conduct for Members and Co-opted Members in accordance with the Council’s arrangements made under section 28 of the Localism Act 2011.
• To maintain the registers of members’ and co-opted members’ interests for the Council and for Town and Parish Councils within the District of Wealden and any registers of gifts and hospitality.
• To maintain the Council’s Constitution.
• To advise on whether Executive decisions are within the Budget and Policy Framework.
• To provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all Councillors.
• To contribute to the Council’s Annual Governance Statement.

1.4 The main functions of the Chief Legal and Governance Officer are:

• To manage and be responsible for the work of the following Council services: Legal Services, Information Governance and Democratic Services.
• To act as the solicitor to the Council and as its legal adviser.
• To act as the Proper Officer for the preparation, publication and retention of records of decisions taken by or on behalf of the Council and the Executive.
• To discharge such other Proper Officer functions as may be delegated to him or her.
• To have oversight for responding to complaints to the Local Government and Social Care Ombudsman and the Housing Ombudsman (“Ombudsman”) and the Information Commissioners Office (“ICO”).
• To deal with matters arising under the Council’s Whistleblowing and Speaking Up Policy.
• To act as lead Officer for matters arising under Data Protection Legislation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

1.5 The Monitoring Officer’s ability to discharge these duties and responsibilities will depend, to a large extent, on Members and Officers:

• i. complying with the law;
• ii. complying with any relevant Codes of Conduct and with any general guidance issued by the Standards Committee and the Monitoring Officer;

• iii. making lawful and proportionate decisions;

• iv. generally, not taking action that would bring the Council, their offices or professions into disrepute; and
• v. communicating effectively with the Monitoring Officer and seeking advice on any issues relating to constitutional or ethical matters.

1.6 The working arrangements and relations between the Monitoring Officer and Members and Officers are essential to enable the Monitoring Officer to discharge their responsibilities and to enable the Monitoring Officer to give timely and comprehensive advice to assist Members and Officers in the effective discharge of the Council’s business and functions. The following arrangements have been agreed for that purpose.

Arrangements for the Use of Section 5 Reports

1.7 The Monitoring Officer is under a personal duty to make a statutory report to the Council or to the Executive if they are of the opinion that any proposal, decision or omission has given rise to or is likely to or would give rise to any illegality or maladministration which the Ombudsman has investigated. In that connection:

• The Monitoring Officer will seek to resolve potential reportable incidents under Section 5 of the 1989 Act by advising on the steps to be taken to avoiding the illegality and alternative and legitimate means of achieving the objective.
• The Monitoring Officer will deal with complaints of illegality and seek to resolve them by securing that any illegality is rectified.
• The Monitoring Officer may rely upon existing procedures (such as internal appeals procedures or insurance arrangements) to resolve any potential reportable incident but may intervene to identify that the matter is potentially reportable and to ensure satisfactory resolution.
• In appropriate cases, and to secure the rapid resolution of a potential reportable incident, the Monitoring Officer shall be entitled to add their written advice to the report of any other Officer of the authority. This can negate the need for a separate Section 5 Report.
• As a statutory body the Council is governed by numerous statutory requirements relating to a diverse and broad range of functions. Whilst the Council fully aims to comply with all the legal requirements there may be occasions which give rise to a breach which is technical or administrative in nature and has limited impact. While these may, on a strict analysis, constitute a contravention of an enactment or rule of law it is not proposed that such instances should automatically trigger the requirement for a Section 5 Report in the absence of evidence of a systemic issue highlighted by a statutory regulator or through other internal or external investigation. There may also be occasions on which an investigation by the Ombudsman makes a finding of unlawfulness or maladministration. Such findings should be made available to relevant Officers and Members with responsibility for the affected area of service and shall be reported as part of the Council’s annual performance reporting. Unless the Ombudsman has issued a formal report it will rarely, if ever, be necessary for this to trigger the need for a separate Section 5 or Section 5A Report in such cases.
• Notwithstanding any other provision of paragraph 1.7 the Monitoring Officer retains the right in all cases to make a Section 5 Report where, after consultation with the Head of Paid Service and the Section 151 Officer/Chief Financial Officer, the Monitoring Officer is of the opinion that this is necessary. In making this determination, the Monitoring Officer will have regard to a range of factors:

• i. Whether senior Officers and Members have been or will be made aware in other ways;
• ii. Whether the action or omission is technical, administrative or purely procedural;

• iii. Whether the matter carries little or no monetary value and involves no harm or loss to any person;

• iv. Whether the matter is evidence of a more fundamental failure of governance or policy;
• v. The impact upon residents, service users, suppliers or any other third party;
• vi Whether the issue could be a regular occurrence and evidence of a more fundamental failing.

1.8 Where a Section 5 Report is issued:

• the Section 5 Report will serve to cause the suspension of the decision or proposal which is the subject of the report.
• In the case of a report to the Executive (Cabinet or Lead Member) under s.5A of the 1989 Act there must be a response to the report from the Executive within 21 days of the report’s receipt. Officers should consider what advice the Executive may require in the preparation and distribution of the report.
• Whilst there is no requirement for Full Council to provide a formal response to a Section 5 Report it may be that the Council considers and votes on a proposition by way of response to the report as a way of concluding any debate, but there is no requirement for the Council to come to any conclusion. It may simply receive or note the report.
• It should be assumed that the Section 5 Report will be available for publication and should be placed on the Council’s website subject to consideration as to whether any exemptions attach to the information (in whole or in part as contained in the report or associated papers).

1.9 In appropriate cases, the Monitoring Officer may refer matters to the Police, External Auditor or other external regulator for investigation, and may defer the making of a Section 5 Report, if required, for the purposes of an external investigation.

1.10 The Monitoring Officer will:

Resources and deputies

• Report to the Council, as necessary, on the staff, accommodation and resources required to discharge the Monitoring Officer’s statutory functions. The Monitoring Officer will have sufficient resources to enable the Monitoring Officer to address any matters concerning those functions or their role.
• Appoint one or more deputies and brief them on any matters that they may be required to deal with in the Monitoring Officer’s absence.

Meetings and access to information

• Have advance notice, (including receiving agendas, minutes, reports and related papers) of all meetings of the authority, including meetings at which member or Officer delegated decisions are taken, at which a binding decision may be made (including a failure to take a decision where one should have been taken.)
• Have the right to attend and be heard) at any such meeting of the authority before any binding decision is taken (including a failure to take a decision where one should have been taken).
• Be a member of the Corporate Management Team and will have advance notice of those meetings, agenda and reports and the right to attend and speak.
• In carrying out any investigation, have unqualified access to any information held by the Council and to any Member or Officer who can assist in the discharge of their functions.

Liaison with Members and Officers

• Ensure that the Head of Paid Service and the Section 151 Officer/Chief Financial Officer are kept up to date with relevant information regarding any legal, ethical standards, probity, propriety, procedural or other constitutional issues that are likely to arise or have arisen and will meet regularly with them to consider and recommend action in relation to such matters.
• Have a working relationship of respect and trust with the Cabinet, the Chair of the Council and the Chairs of Committees with a view to ensuring the effective and efficient discharge of Council business.
• Oversee support for Members and Officers on any issues relating to the Council’s legal powers, maladministration, impropriety and probity issues, or general advice on the constitutional arrangements.
• Develop effective working liaison and relationships with the Council’s Internal and External Auditors and the Ombudsman.

The Constitution

• Report to the Council, from time to time, on the Constitution and any necessary or desirable changes following consultation, in particular, with the Leader, the Head of Paid Service and the Section 151 Officer/Chief Financial Officer.
• Advise on the interpretation of the Rules and Procedures contained within this Constitution and make a determination if necessary.

Member Conduct

• Determine or report to the Standards Committee on allegations of failure to comply with the Members Code of Conduct and Co-opted Members in accordance with the Council’s arrangements made under section 28 of the Localism Act 2011. To administer the arrangements, make determinations, seek informal resolution of complaints, conduct or arrange investigations, give advice to members and arrange member training.
• Maintain and publish the registers of members’ interests and gifts and hospitality required under the Localism Act 2011 and the Council’s Code of Conduct for Members and Co-opted Members.
• Receive written requests for Dispensations from Members and Co-opted members and to attend to such requests in accordance with the Dispensations Protocol (which may include the referral of such requests to the Standards Committee for determination).
• Discharge the functions under the Localism Act 2011 relating to Codes of Conduct for Members and Co-opted Members of town and parish Councils.

1.11 Members and Officers will:

• Alert the Monitoring Officer to any relevant issues that may become of concern to the Council, including, in particular, issues around legal powers, ethical standards, probity, propriety, procedural or other constitutional issues.
• Report any breaches of statutory duty or Council policies or procedures and other vires or constitutional concerns to the Monitoring Officer, as soon as practicable.

1.12 To ensure the effective and efficient discharge of this Protocol, the Chief Financial Officer will ensure adequate insurance and indemnity arrangements are in place to protect and safeguard the interests of the Council and the proper discharge of the Monitoring Officer role.

1.13 Complaints of a breach of this Protocol by an Officer will be referred to the relevant Corporate Director and/or the Head of Paid Service for appropriate action to be considered, including disciplinary investigation.

Statutory Officers

1.14 This Protocol should be read in conjunction with the Code of Practice for Good Governance (Appendix 4) which provides advice and sets expectations for the statutory roles of Head of Paid Service, Chief Financial Officer, and Monitoring Officer.