Office Use
Date Received
and Initials:
ROCHDALE METROPOLITAN BOROUGH COUNCIL
COMPLAINT FORM
CODE OF CONDUCT FOR COUNCILLORS AND CO-OPTED MEMBERS
Your details
1.
Please provide us with your name and contact details:
Title:
First name:
Last name:
Address:
Daytime telephone:
Evening telephone:
Mobile telephone:
Email address:
Your address and contact details will not usually be released unless
necessary or to deal with your complaint.
However, we will tell the following people that you have made this complaint:


the Member(s) you are complaining about
the Monitoring Officer of the authority
We will tell them your name and give them a summary of your complaint. We
will give them full details of your complaint where necessary or appropriate to
be able to deal with it. If you have serious concerns about your name and a
summary, or details of your complaint being released, please complete
section 6 of this form.
2.
Please tell us which complainant type best describes you:
Member of the public
An elected or co-opted member of an authority
An independent member of the standards committee
Member of Parliament
Local authority monitoring officer
Other council officer or authority employee
Other (
3.
)
How your complaint will be dealt with
The Monitoring Officer will review your complaint and consult with the
Independent Person before determining (initial assessment) as to whether it
merits investigation, or another course of action. This decision will normally be
taken within 20 working days of receipt of a complaint.
The complaint will be rejected if;
• The complaint is not against one or more named Members or co-opted
Members of the Council;
• The subject Member was not in office at the time of the alleged conduct
and a Code of Conduct was in force at the time.
• The complaint, if proven, would not be a breach of the Code of
Conduct under which the subject Member was operating at the time of
the alleged misconduct.
If the complaint has not been rejected on the above grounds the Monitoring
Officer will then go on to apply the following criteria in deciding whether a
complaint should be accepted for investigation, dealt with informally, or
rejected;
• Whether a substantially similar allegation has previously been made by
the complainant to standards for England, or the Standards Committee,
or the complaint has been the subject of an investigation by another
regulatory authority;
• Whether the complaint is about something that happened so long ago
that those involved are unlikely to remember it clearly enough to
provide credible evidence, or where the lapse of time means there
would be little benefit or point in taking action now;
• Whether the allegation is anonymous;
• Whether the allegation discloses a potential breach of the Code of
Conduct, but the complaint is not serious enough to merit any action
and;
i.
The resources needed to investigate and determine the
complaint are wholly disproportionate to the allegations;
ii.
Whether in all the circumstances there is no overriding public
benefit in carrying out an investigation;
Whether the complaint appears to be malicious, vexatious,
politically motivated or tit for tat;
Whether the complaint suggests that there is a wider problem
throughout the Authority;
Whether it is apparent that the subject of the allegation is
relatively in experienced as a Member or has admitted making
an error and the matter would not warrant a more serious
sanction;
Whether training or conciliation would be the appropriate
response.
iii.
iv.
v.
vi.
The Monitoring Officer will consult with the Independent Person and then
determine how the complaint will be dealt with. The Monitoring Officer may in
exceptional circumstances refer the question of how to proceed to a SubCommittee of the Standards Committee. Exceptional circumstances will
include where a complaint relates to a senior politician, includes a number of
members and/ or includes very serious allegations.
4.
Title
5.
Please provide us with the name of the member(s) you believe
have breached the Code of Conduct and the name of their
authority:
First name
Last name
Council or authority name
Please explain in this section (or on separate sheets) what the
Member has done that you believe breaches the Code of Conduct.
If you are complaining about more than one Member you should
clearly explain what each individual person has done that you
believe breaches the Code of Conduct.
It is important that you provide all the information you wish to have
taken into account by the Assessment Sub-Committee when it decides
whether to take any action on your complaint. For example:

You should be specific, wherever possible, about exactly what
you are alleging that a Member said or did. For instance,
instead of writing that a Member insulted you, you should state
what it was they said, the manner in which they said it, whether
it was accompanied by any physical action by you or the
Member and what you said.



You should provide the dates of the alleged incidents wherever
possible. If you cannot provide exact dates it is important to
give a general timeframe.
You should confirm whether there are any witnesses to the
alleged conduct and provide their names and contact details if
possible.
You should provide any relevant background information.
Please provide us with the details of your complaint. Continue on a separate sheet if there
is not enough space on this form.
Only complete this section if you are requesting that your identity is
kept confidential
6.
In the interests of fairness and natural justice, we believe Members
who are complained about have a right to know who has made the
complaint. We also believe they have a right to be provided with a
summary of the complaint. We are unlikely to withhold your identity or
the details of your complaint unless you have good reason to believe
that there is a serious risk that you or a person who lives with you may
be subjected to violence or intimidation.
Please note that requests for confidentiality or requests for suppression
of complaint details will not automatically be granted. The assessment
sub-committee will consider the request alongside the substance of
your complaint. We will then contact you with the decision. If your
request for confidentiality is not granted, we will usually allow you the
option of withdrawing your complaint.
However it is important to understand that in certain exceptional
circumstances where the matter complained about is very serious, we
may proceed with an investigation or other action (including referral to
other Council Services, the police or other external bodies) and
disclose your name even if you have expressly asked us not to.
Please provide us with details of why you believe we should withhold your name
and/or the details of your complaint:
Additional Help
7.
Complaints must be submitted in writing. This includes fax and
electronic submissions. However, in line with the requirements of the
Disability Discrimination Act 2000, we can make reasonable
adjustments to assist you if you have a disability that prevents you from
making your complaint in writing.
We can also help if English is not your first language.
If you need any support in completing this form, please let us know as
soon as possible.
Signature:
Date:
Your completed form should be return to:
The Monitoring Officer
Corporate Services
Floor 3
Number One Riverside
Smith Street
Rochdale
OL16 1XU
Email: [email protected]
Equality
Monitoring
Office Use
This part will be separated from your complaint BEFORE it is seen by the Standards Committee.
The Council is committed to Equal Opportunities in employment and welcomes referrals from all
sections of the community. In order to ensure the effectiveness of this policy and for no other
purpose you are requested to complete the details below.
Gender / Age
Are you male or female?
Date of birth
Age
Race / Ethnicity
Put a (x) next to ONE of the following
1.
1.1
1.2
1.3
White
White British
White Irish
Any other white background
3.
3.1
3.2
3.3
3.4
2. Asian or Asian British
2.1 Pakistani
2.2 Bangladeshi
2.3 Kashmiri
2.4 Indian
2.5 British Asian
2.6 Any other Asian background
Black or Black British
Black Caribbean
Black African
Black British
Any other Black background
4. Mixed
4.1 White and Black Caribbean
4.2 White and Black African
4.3 White and Asian
5. Chinese or other Ethnic group
5.1 Chinese
5.2 Other Ethnic Group
Religion
Put a (x) next to ONE of the following
Christian (including C of E, Catholic,
Muslim
Protestant & all other Christian denominations
Buddhist
Hindu
Jewish
Sikh
None
Any other religion (please indicate)
Data Protection Act 1998
I consent to the data on this form being used for statistical purposes to assist Rochdale Council in
monitoring of equality and diversity.
Signed
Date