(Councillors only) Complaints about the Conduct of Councillors

This page is for complaints against Councillors only, please use this form if you would like to make a complaint regarding employees of the Council Council’s complaints procedure.

Code of Conduct for Councillors 

Every local authority is required to adopt a Code of Conduct that sets out the required behaviour of its Councillors. Milton Keynes City Council deals with complaints about MKCC Councillors and Parish, Town or Community Councillors.

Submitting a Complaint

If you would like to make a complaint about the conduct of a MKCC or Parish, Town or Community Councillor, please read the below guidance before you start.  

The Code of Conduct complaints form can be found online.

Complaints about Councillors

Before you start

Before you start, obtain a copy of the relevant Code of Conduct. Milton Keynes City Council’s Code of conduct is available here. Codes of Conduct for Parish, Town or Community Councils are usually available on their website, or from their Clerk.

You must complete the online form with all the information you wish to be considered. If you have a MK Citizen account, you can save your progress and return to the form later, so read everything over and make sure it addresses the below points before you submit.  

  • Be precise about which part of the Code of Conduct you think the Councillor has breached. 
  • Be specific about the behaviour in question, for example: where and when it happened, what was said, who was there and why it breached the relevant section of the code.
  • Provide evidence which substantiates the allegation. Usually, we can only consider publicly available information, or direct evidence (such as email or screenshots) as part of our decision but if there are witnesses – ask them to write down their recollection and submit this with the complaint. You should upload all the evidence you wish to submit along with your complaint. 

We don’t allow anonymous complaints, so your name and complaint will be passed to the councillor you have complained about, unless there would be a serious threat to your safety. Your contact details will however remain confidential.

If you have difficulty in submitting the form electronically, please write to the Monitoring Officer at the address below to request a form:

The Monitoring Officer, Milton Keynes City Council, Civic, 1 Saxon Gate East, Central Milton Keynes, MK9 3EJ

Your complaint

Often residents complain about Councillors because they disagree with a decision or comment they made, but disagreeing with a Councillor doesn’t mean they have breached their code of conduct. 

  • We can only consider complaints about councillors when they are acting in their capacity as a councillor (as opposed to when they are going about their private life). This means that when a Councillor is not acting in their official capacity it’s unlikely that the Council will have any legal jurisdiction to Progress your complaint.
  • The law also affords more freedom to elected Councillors in relation to political expression. This means that things said about contentious political issues, or political opponents must engage a higher threshold for the code of conduct to be breached.

We can’t usually accept complaints about behaviour or incidents that happened more than 6 months ago, or about a matter that has already been complained about and settled.

Timescales

Our complaints procedures means that we have to follow a specific process and sometimes this can take some time. For example, we have to consult with an Independent Person (someone appointed by the Council but that is legally independent) about most complaints.

We should acknowledge your complaint within 5 working days and aim to make a decision on most complaints within 8 weeks, and if you have not heard anything for a longer period, you can contact us for an update.

Your responsibilities

During the initial phase of a complaint, you should not disclose details of the complaint publicly. This also applies to the Councillor you have complained about. Anything you say publicly about a Councillor could be subject to legal action.

If a complaint is progressed and is very serious, the details may then be put into the public domain, as part of a formal hearing about the matter.

Outcomes

The Council has to make an initial assessment t about whether to progress a complaint based on:

  • the details submitted;
  • the view of the Councillor (the subject member); and 
  • the views of an Independent Person. 

This initial assessment will also consider the public interest in progressing the matter and  does not include a detailed investigation. Once an initial assessment has been completed, the complaint will either be rejected, or investigated further. 

You will be asked if you are happy to consider that the complaint is informally resolved. This might include a Councillor apologising or committing to another course of action. The outcomes of informally resolved complaints are not published. 

At present, even if a Councillor is found to have breached their code of conduct, the sanctions are very limited. There are currently no legal powers to suspend / disqualify a Councillor, or to withhold any allowances.

Appeal

If a complaint is rejected there is no right of appeal. A decision can only be appealed (by the councillor or the complainant) if it progresses to a formal hearing. 

The Local Government and Social Care Ombudsman does not offer a right of appeal against a council's decision on complaints about a Councillor’s conduct, but it can consider if there was fault in the way the council considered a complaint. The Ombudsman will only investigate complaints if there is sufficient injustice to warrant their involvement or they consider it in the public interest to do so. More information is on the Ombudsman’s website.

More information about the Standards Committee and processes:

Further information about the Standards Committee and its processes