New mediation scheme aims to defuse minor councillor disputes

Twm Owen, Local Democracy Reporter

A mediation scheme for councillors to deal with minor complaints related to the “cut and thrust” of local politics is to be set up.

The intention is a Local Resolution Protocol will reduce the number of complaints made by county councillors against fellow elected members to the ombudsman.

All councillors have to follow a code of conduct and Monmouthshire County Council intends the protocal will help resolve what are referred to as “low level” complaints of members failing to show respect or consideration for others as required by the code.

The council’s top legal officer James Williams, who is also the monitoring officer responsible for the rule book, told the committee: “The resolution could be an apology or a social media post.”

Complaints will have to be submitted to the monitoring officer within 30 days of the incident they are complaining about or 30 days of them becoming aware of it.

The monitoring officer will then have to consider if the complaint can be dealt with under the protocol or referred to the Public Services Ombudsman for Wales.

If the complaint can be dealt with locally the monitoring officer will try to resolve it informally with the agreement of all parties.

If that isn’t possible complainant can ask to move to the second stage of the protocol  which will involve a meeting of all parties including the councillor subject to the complaint, their accuser and relevant group leaders.

Satisfaction of both parties

The chair of the standards committee can also attend the meeting which is intended to agree a resolution of the complaint to the satisfaction of both parties.

Where a complaint remains unresolved following stage two, either member may refer the complaint to the ombudsman.

The protocol has been developed as the ombudsman has advised unitary authorities to have in place a process for “low-level behavioural issues” between members which “typically arise in the ‘cut and thrust’ of normal council debates and local politics.”

The intention is resolving problems at an early stage “will avoid the unnecessary escalation of the situation which may damage personal relationships within the authority and the authority’s reputation.”

Councillor Frances Taylor, leader of the independent group, said the protocol would be “very useful” and reminded the committee: “If a member says something that’s a ‘bit off’ you can speak to their group leader. It’s something I’ve certainly done in the past.”

Mr Williams told the committee One Voice Wales, the umbrella body for town and community councils, and the Welsh Government are currently collecting information on similar protocols for the local councils and whether further guidance is required.