Read more about: Latest news,
13 November 2025
Between December 2024 and February 2025, the Government consulted on proposals to introduce measures to strengthen the standards and conduct regime for local authorities in England.
Currently, the standards and conduct framework for local authorities, as set out in the Localism Act 2011, requires every local authority to adopt a code of conduct, which must as a minimum be consistent with the Nolan principles of standards in public life (selflessness, integrity, objectivity, accountability, openness, honesty and leadership). The framework also sets out rules regarding members declaring pecuniary and non-pecuniary interests.
The current regime, however, contains no provision enabling suspension in the event of a breach of conduct, which consequently limits authorities to less robust measures, such as barring members from Cabinet, Committee or representative roles, a requirement to issue an apology or undergo code of conduct training or public criticism.
Authorities cannot withhold allowances from members nor ban them from premises or withdraw the use of facilities.
This lack of teeth in the standards regime has long been subject to criticism, with the Committee on Standards in Public life commenting in its 2012/13 Annual Report that “We do not think these (sanctions) are sufficient”[1] and in its 2019 Report that “this lack of enforcement authority is a weakness in the system, which may also deter genuine concerns being raised”[2]
In a Ministerial statement responding to the results of the consultation, Alison McGovern MP, Minister for Local Government and Homelessness set out the Government’s intention to legislate to:
The Government has ambitious plans to reorganise and reform local government and clearly sees the benefit of strengthening the standards regime to further support its devolution agenda and there is no doubt that change is to the standards regime would be a welcome development.
However, whilst the proposed changes are promising, the devil will be in the detail with particular focus likely to be on issues such as the composition of the standards committees, whether the role of the Independent Person will be strengthened and in particular the ever-vexed issue of how to take the party politics out of the misconduct process.
Monitoring Officers, who are often the first port of call for complaints against members, will hope that a more effective standards regime will help to support what, can be one of the most difficult and stressful parts of their role.
Restoring the legal protections, which protected statutory officers fulfilling their legal duties without fear of negative personal consequences, are conspicuously missing from the Government response to the consultation.
This article is for general awareness only and does not constitute legal or professional advice. Law and guidance relating to the Code is continually being updated and the law may have changed since this page was first published. If you would like further advice and assistance in relation to any issues raised, please contact us today by telephone or email.
Associate
