The UK Government is moving ahead with a whole‑system overhaul of the local authority standards and conduct regime, described in its consultation outcome as “the most significant shake‑up of the current regime since the Localism Act 2011”. Its aim: to ensure that local government is empowered, fully accountable and deserving of the public’s trust.
A Mandatory Code of Conduct Across All Councils
A central plank of the reforms is the introduction of a mandatory code of conduct for all councillors (elected and co‑opted) in all tiers of local government. The consultation found that 94% of respondents supported the introduction of such a mandatory code. Under the proposed framework, while local authorities will be able to publish supplementary guidance or protocols, they will not be able to adopt variations that conflict with the national standard.
The mandatory code will include a behavioural standard, a requirement for members to cooperate with investigations, and the provision that submitting multiple vexatious complaints would itself be a breach of the code.
Formal Standards Committees with Clear Powers
The reforms propose that all principal authorities will be required by legislation to convene a formal Standards Committee (or equivalent) to receive investigation reports and determine sanctions when needed. The consultation revealed strong support for this: 91% of respondents agreed that all principal authorities should be required to have a Standards Committee.
Importantly, the government recognises the need for political independence, transparency, and fairness in how Standards Committees operate — including suggestions that Independent Persons and co‑opted members have voting rights and that committees may be chaired by persons who are independent of the elected body.
Authorities will also be required, subject to legal constraints, to complete investigations even when the councillor under investigation steps down, and to publish findings including where “no case to answer”.
Enhanced Sanctions: Suspension, Withholding Allowances, Bans, Disqualification
Previously, local authorities lacked the statutory power to suspend a councillor or withhold allowances where there had been serious misconduct. The reforms will change that. The government proposes to legislate for:
- A power for local authorities to suspend elected members for serious code of conduct breaches for a maximum period of 6 months.
- The option for authorities to withhold allowances and impose premises/facilities bans (either standalone or in addition to suspension).
- A power for interim suspension (initially up to 3 months, subject to review) in cases of serious allegations involving police investigation or pending court proceedings.
- A disqualification measure for any elected/co‑opted member who is suspended for the maximum period of 6 months twice within a 5‑year period.
These measures signal that serious misconduct by councillors will no longer remain without meaningful consequences.
Support for Complainants & Right of Review/Appeal
The consultation revealed that many individuals who had witnessed or experienced councillor misconduct did not come forward — citing fears of reprisal, lack of faith in the system and absence of meaningful sanctions. In response, the reforms propose to:
- Place complainants (and respondents) at the centre of the system, with clear support available during investigations.
- Introduce a local right of review for both complainants and councillors after a standards committee decision.
- Establish a national appeals function so that both complainants and councillors can appeal a decision following the right of review.
This is designed to ensure fairness, transparency and consistency of approach across all local authorities.
What This Means for Parish and Town Councils?
For councils of all types — including parish and town councils like yours — these reforms mean action will be needed to prepare:
- Prepare to review your current Code of Conduct to ensure it aligns with the upcoming mandatory national standard.
- All councillors should receive training and awareness‑raising about the new rules, the behaviours expected of them and the sanctions they may face.
Looking Ahead
While the reforms are not yet law, the government is clear that legislation will be brought forward as soon as parliamentary time allows. The consultation response provides significant detail on how the system will change, but some operational detail remains to be finalised (for example precise regulations and guidance). Councils must stay alert and proactively prepare.
In short: the conduct framework for councillors is about to become stronger, more consistent, and more enforceable. Councils, clerks and councillors alike should take this opportunity to review their practices now so that they are ready for the change.
To review the official response click the button below: