FAQs

Frequently Asked Questions and Answers

Role and Remit

Q: What is the Standards Commission?

A: The Standards Commission is an independent body set up by the Ethical Standards in Public Life etc. (Scotland) Act 2000. The Standards Commission encourages high ethical standards in public life through the promotion and enforcement of Codes of Conduct for Councillors and Members of Devolved Public Bodies.

The Standards Commission works with local authorities and public bodies to help them assist their councillors and members to achieve the highest standards of conduct. We also issue guidance on how provisions in the Codes of Conduct should be interpreted. We also publish advice notes and e-Learning modules on specific topics covered by the Codes, such as on how to identify and manage conflicts of interests, gifts and hospitality, confidentiality and bullying and harassment.

Complaints about breaches of the Codes of Conduct by councillors and members of devolved public bodies are investigated by the Ethical Standards Commissioner (ESC). Following the completion of an investigation, the ESC will submit a report for the consideration of the Standards Commission. The Standards Commission will review the ESC's report and determine whether to: direct the ESC to carry out further investigations; hold a Hearing; or do neither.

The Standards Commission will hold a Hearing, if it considers it is in the public interest and proportionate to do so, to determine whether the councillor or member of a devolved public body in question has contravened their Code of Conduct. If the Standards Commission’s Hearing Panel finds that a breach of the Code had occurred, it will then determine the sanction to be applied, in accordance with the 2000 Act.

Q: How is the Standards Commission different from the Ethical Standards Commissioner?

A: The ESC is an independent officeholder responsible for investigating complaints about councillors, members of devolved public bodies and Members of the Scottish Parliament (MSPs) who are alleged to have contravened their relevant Code of Conduct.

Following the conclusion of an investigation into a complaint about a councillor or member of a devolved public body, the ESC will submit a report to the Standards Commission. It is the Standards Commission's responsibility to determine whether to hold a Hearing, direct the ESC to undertake further investigations, or do neither (which means no further action will be taken on the complaint). Where the Standards Commission decides to hold a Hearing, a Hearing Panel comprised of Members of the Commission will determine whether the councillor or member has breached the relevant Code of Conduct and, in the event that a breach is found, decide on the sanction to be applied.

The ESC reports to the Scottish Parliament on the outcome of any investigation they have undertaken into whether an MSP has breached their Code of Conduct. The Standards Commission has no jurisdiction to adjudicate on complaints about MSPs.

Q: Why are the Standards Commission and ESC separate organisations? 

A: The independence of the investigatory role undertaken by the ESC and the adjudicatory role undertaken by the Standards Commission is a crucial principle. The reason for, and benefit of, the separation of functions between the two distinct organisations is to ensure impartiality, fairness and objectivity in the decision-making process.

Codes of Conduct

Q: Where can I get a copy of the Codes of Conduct?

A: The Codes of Conduct can be downloaded from the Codes of Conduct menu on this website. 

Q: What do the Codes cover?

A: The Codes of Conduct cover a variety of matters including respect and courtesy, receiving gifts and hospitality, confidentiality, registering and declaring interests, lobbying, and taking decisions on quasi-judicial matters. You can find simple Advice Notes for members of the public on what the Codes cover (and what they don't) from the Guidance page of this website. 

Complaints

Q: How do I make a complaint about a councillor or member of a devolved public body? 

A: If you consider that a councillor or member of a devolved public body has breached their Code of Conduct, you can make a complaint to the ESC. The ESC is an independent officeholder and his office is separate and distinct from from the Standards Commission. More information about the ESC and how to make a complaint can be found on the ESC's website. 

Q: Can I complain about the performance of, or decision made by, a councillor or member of a devolved public body. 

A: No, you can only complain to to the ESC about their conduct and, specifically, that they have breached a substantive provision in their Code of Conduct.

Q: Do the Codes cover how councillor or members conduct themselves in their private life?

A: No, the Codes only apply if they 1. are acting as a councillor or member of the council or public body (for example, when attending Council or public body meetings or engaging with constituents / stakeholders); 2. have identified themselves as a councillor or member at the time of the conduct in question (for example, they state that they are a councillor or member on their social media account); and / or 3. could be perceived objectively to be acting as a councillor or member (for example, when posting about council or public body-related matters on social media, or when attending an event to which they have been invited as a councillor or member).

Q: How do I make a complaint about a council or devolved public body, or any council officer or public body employee? 

A: You will need to make a complaint using the council or public body's complaint process. You will be able to find information about this on the council or public body's website. 

Q: Can I complain about a community councillor?

A: Community Councillors have a Code of Conduct, based on the key principles in the Councillors’ Code. It is, however, a guidance document only. Neither the ESC nor Standards Commission has the power to consider a complaint that a community councillor has breached its provisions.  

Hearings

Q: Can I attend a Standards Commission Hearing?

A: The Standards Commission's Hearings are usually held in public unless there is a very good reason to hold them in private. This means you can attend and observe a Hearing. However, you cannot participate in any Hearing unless you are a party to it or have been asked to be a witness. Details of forthcoming Hearings (including the date and venue) can be found on the Cases page of this website.

The Standards Commission will, on occasion, hold Hearings online. It will usually only do so if there are no witnesses and the Respondent accepts the facts found in the ESC's investigation. If a Hearing is to be held online, it will be livestreamed and a link to watch the livestream will be published on the website here.

Q: What sanctions are available at Hearings?

A: If the Standards Commission's Hearing Panel finds, at a Hearing, that a Code of Conduct has been breached, it is obliged to impose a sanction. The sanctions available are censure, suspension (for up to 12 months) or disqualification (for up to five years). 

Q: Where can I find the outcome of Hearings that have been held? 

A: The outcome of Hearings that have been held, including the written decision can be found on the Cases page of this website.

Q: Do you publish information about cases where no action is to be taken?

A: Anonymised decisions outlining why the Standards Commission has decided to 'do nothing' (i.e. to take no action) on a case referred by the Ethical Standards Commissioner can be found on the Cases page of this website.

Standards Commission's Members, Staff and Governance

Q:  Who are Members and Staff of the Standards Commission?

A: Details of the Members and staff of the Standards Commission can be found on our Who We Are page of this website.

Q: How is the Standards Commission funded?

A: The Standards Commission receives funding on a cash basis from the overall budget of the Scottish Parliamentary corporation. The Executive Director is the Accountable Officer.