Statement on Judicial Review

10th September 2026

Statement on Judicial Review

The Standards Commission ensures that councillors and board members of public bodies behave properly. When people take on these roles, they promise to abide by Codes of Conduct approved by the Scottish Parliament. These Codes do not stop councillors and board members from doing their jobs effectively; they simply ensure they treat others with respect and do not act purely in their own self-interest.

Taxpayers and the wider public rightly expect high standards. Our job is to maintain trust in public life, which is more important than ever in today's aggressive and divided political climate. Without these Codes, poor behaviour would discourage good people from running for office. While the vast majority of councillors and board members never face a complaint, we strive to ensure our hearings are conducted in a fair and proportionate manner when they do.

Earlier this year, a court case (a judicial review) challenged how we handle complaints. A councillor involved in an upcoming case disagreed with our decision to reject certain documents they had submitted before their hearing, and the court ruled in their favour.

We have decided to appeal this ruling because we are concerned about the impact it could have on our ability to run fair, proportionate and efficient hearings. We are concerned that this judgment also has wider, serious implications for other organisations that regulate or discipline individuals.

While we deeply regret that this appeal will delay the hearing about this specific case, we feel it is necessary to get legal certainty for ourselves and other regulatory bodies moving forward. We welcome honest scrutiny of our work and will fully respect the final decision of the courts.

 NOTES

1. The Standards Commission for Scotland is an independent public body, responsible for encouraging high standards of behaviour by councillors and those appointed to boards of devolved public bodies including in education, environment, health, culture, transport, and justice. The role of the Standards Commission is to encourage high ethical standards in public life; promote and enforce the Codes of Conduct; issue guidance to councils and devolved public bodies and adjudicate on alleged breaches of the Codes of Conduct, applying sanctions where a breach is found.
2. The Codes of Conduct issued by Scottish Ministers with the approval of Parliament outline the standards of conduct expected of councillors and members of devolved public bodies.
3. Complaints about councillors and board members are made to the Ethical Standards Commissioner (ESC). 
4. The Standards Commission and ESC are separate and independent, each with distinct functions. The ESC is responsible for investigating complaints.  Following investigation, the ESC will refer its report to the Standards Commission for Scotland for adjudication. The Standards Commission holds hearings to determine whether the Respondent councillor or board member has breached their Code and, if so, to determine the sanction to impose.