Agenda item

The Standards Committee at its meeting held on the 7^th March 2023, agreed to undertake a further annual exercise collecting code compliance data from Town and Community Councils.  Committee Members considered the results of the exercise provided within the report.

Members were informed that in addition to the usual questions regarding declarations of interest and code of conduct training, Councils were also asked additional questions regarding their compliance with legislative requirements relating to the provision of training plans for their members, pursuant to the Local Government and Elections (Wales) Act 2021

It was reported that for the first time, Town and Community Councils had been asked to directly complete an online snap survey rather than provide a written response to the questions.  The survey had been sent to all Town and Community Councils early May 2023 with a deadline of the 1st July 2023 for responses. A reminder had been sent in June 2023 with follow up telephone calls to those who had not completed the survey by the end of July. 

Members noted that 58 out of 72 Councils had responded at the time of preparing the report.  This represented a decrease from 67 compared to the previous year. 

Whilst overall the survey suggested that there was still generally good compliance with the code by Town and Community Councillors, Members were disappointed to note that only half of Councils had adopted a training plan as required by the Local Government and Elections (Wales) Act 2021.

Members were keen to engage with Town and Community Councils to remind them of the requirement to adopt a training plan.  The Legal Services Manager stated that he would draft a letter on behalf of the Committee. 

In noting that this was the first year whereby Town and Community Councils were to adopt a training plan, it was raised that the Councils may not have had adopted a training plan when the survey was completed, as usually it would be included as an item on the agenda at the first meeting back from recess being held in September.  In acknowledging that the timing did was not an excuse to not comply with the statutory legislation, it was felt that the Councils would become clearer in time.  It was felt that that a letter from the Standards Committee reminding them of their statutory duty would be beneficial together with a follow-up survey to once again gauge the adoption rate.

It was noted that overall, there was a good level of code of conduct compliance across the Town and Community Councils.

In response to queries raised regarding sanctions in the case of non-compliance, the Legal Services Manager stated that as the requirement of a training plan was part of the Local Government and Elections (Wales) Act 2021, non-compliance would be referred to the Ombudsman.  Members were informed that the whilst the Standards Committee did not have an enforcement role in terms of the legislation, it was able to advise, persuade and guide Town and Community Councils that they should adhere to the legislation.

In response to a further query, the Legal Services Manager highlighted that 5 out of the 37 training plans adopted had stated that it did not require Councillors to attend code of conduct training.  It was explained that whilst the Code of Conduct training was not a mandatory requirement, the guidance in adopting a training plan did strongly suggest that Code of Conduct training should be undertaken.  However, the Legal Services Manager informed Members that there was more recent guidance which he offered to reference in the reminder letter to Town and Community Councils.  Committee Members agreed.

In order to help increase the training plan adoption rate, it was suggested that it would be beneficial to include a sample training plan for Town and Community Councils to utilise.

In capturing the Committees comments and suggestions, the Legal Services Manager would send a letter to all Town and Community Councils:-

·       Reminding Councils of their duty to adopt a training plan in accordance with the Local Government and Elections (Wales) Act 2021 referencing Welsh Government Guidance;

·       Informing Councils that this exercise would be repeated next year;

·       A sample training plan to be included.

UNANIMOUSLY RESOLVED:-

6.1.1   to note the Code of Conduct Data gathered in respect of Town and Community Councils;

6.1.2   that a reminder letter from the Standards Committee, to include the Committee suggestions raised, be sent to all Town and Community Councils.