Terms of Reference - Assessment Sub-Committee and Hearings Sub-Committee
The Monitoring Officer to report verbally on practical difficulties encountered with the Terms of Reference for both the Assessment Sub-Committee and the Hearings Sub-Committee.
Minutes:
The Committee was informed of recent difficulties which had been encountered in respect of the Terms of Reference adopted on 10th March 2009, for the three Sub-Committees, namely Assessment Sub-Committee, Review Sub-Committee and Hearings Sub-Committee. A number of anomalies had been identified which were at variance with guidance issued by the Standards Board for England.
The Monitoring Officer outlined proposed revisions, to the effect that the Assessment Sub-Committee would continue to act as a “filter” to make an initial assessment of an allegation and decide whether to refer it on for investigation/other action, as appropriate, or take no further action.
The Terms of Reference for the Review Sub-Committee would remain as adopted on 10th March 2009.
The Terms of Reference for the Hearings Sub-Committee would require revision to reflect its two-fold role, viz. (1) It would act in a “determining” capacity to receive an Investigator’s Report, for the purpose of deciding, based on the facts as set out in the report, whether or not to accept the findings of the Investigator. (2) Dependent on the outcome of that meeting, a separate Sub-Committee would be convened in its “hearings” capacity.
If the Investigator’s conclusion was that there had been no breach of the Code and the Sub-Committee agreed, no further action would be taken. If the Sub-Committee disagreed that there had been no breach of the Code, it must hold a Hearing to consider the matter in full.
If the Investigator concluded that there had been a breach of the Code a Hearings meeting must be arranged.
RESOLVED: (a) That the Terms of Reference for the three Sub-Committees, namely, Assessment, Review and Hearings, be revised, as outlined at the meeting, with the Monitoring Officer being authorised to make any consequential amendments; and
(b) That the Monitoring Officer e-mail the revised Terms of Reference to Committee Members, for information.