Appearing at a Standards Commission Hearing

28th January 2025

APPEARING AT A STANDARDS COMMISSION HEARING

Why are Hearings held?

The Standards Commission has a statutory responsibility to adjudicate on alleged breaches of the codes of conduct for councillors and members of devolved public bodies and, where a breach is found, to apply a sanction. Following the conclusion of any investigation undertaken into an alleged breach of the applicable code by a councillor or member, the Ethical Standards Commissioner (ESC) will send a report to the Standards Commission outlining his findings and conclusions. In terms of the governing legislation (the Ethical Standards in Public Life etc. (Scotland) Act 2000), the Standards Commission then must decide whether to hold a Hearing; direct the Commissioner to carry out further investigations; or do neither (which essentially means that no further action will be taken on the complaint).

The Standards Commission holds Hearings to determine whether the Respondent councillor or board member has breached their respective Code. If so, the Panel will also decide the sanction to be imposed (which can be censure, suspension or disqualification). Hearings are usually held in public at the headquarters of the Respondent’s council or public body. If there is little dispute about the factual basis of the alleged breach and no witnesses (other than the Respondent) are to be called, the Hearing may be held online and livestreamed on the Standards Commission’s website.

Who appears at a Hearing?

The parties involved in a Hearing are:

1. The Hearing Panel, which comprises of three Members of the Standards Commission. After listening to evidence and submissions, the Panel will make a decision on the balance of probabilities, as to whether the Respondent breached their Code. If the Hearing Panel finds a breach it will proceed to decide the appropriate sanction.
2. The ESC or their representative, who will present the findings of the investigation and their conclusions on whether the Respondent breached the applicable Code.
3. The Respondent or or anyone they have appointed to represent them.
4. Any witnesses – that is anyone called by the ESC or the Respondent, or required to appear by the Hearing Panel, to give evidence about what they witnessed (being what they saw, heard or understood to have happened) in respect of the incident or incidents that are the subject of the issue or issues to be considered at the Hearing.

Respondents are entitled to attend the Hearing, to give evidence and to make submissions on whether they have breached the Code. The Hearing is the Respondent’s opportunity to:

• Provide their recollection of events and to lead any witnesses so they can provide their own recollection of events
• Make submissions on whether or not they breached the Code.
• Make submissions in respect of mitigation and on the sanction to be imposed if a breach of the Code is found.

As noted above, Hearings are held in public or are livestreamed, meaning the press and public are entitled to attend to watch the proceedings (if held in-person) or observe the livestream (if held online). Standards Commission staff may also be present to assist the Hearing Panel.

Giving evidence

If you are giving evidence at a Hearing, either as a witness or Respondent, you should listen carefully to each question and try to answer it as clearly as you can. Some answers will be a simple yes or no. Other questions will need you to provide more explanation.

You should answer any questions honestly and accurately, to the best of your recollection. Do not guess - if you do not know the answer to a question, you should just say so.

If you do not understand a question, you should ask for it to be repeated or clarified. You should make sure that the Hearing Panel can hear your answers.

Witnesses should not be asked, or attempt, to give their opinion or views as to whether they consider a breach of the Code occurred. The Respondent and ESC can address these matters in their submissions.

Guidance and Assistance

The Standards Commission understands that being the subject of a Hearing, or being asked to give evidence, can be daunting. It has, therefore, prepared Guidance for Unrepresented Respondents which, is intended to assist them in understanding the format of the Hearing and how it will be conducted. 

The Standards Commission has also produced videos for Respondents and witnesses that provide an overview of the Hearing process and explains what will happen before, during and after the Hearing. The videos and more guidance and advice can be found on the ‘Information for Respondents’ and ‘Information for Witnesses’ pages of the Standards Commission’s website.

You can also contact the Standards Commission if you have any queries, by sending an email to enquiries@standardscommission.org.uk.