Information for the media

All media enquiries should be directed to: enquiries@standardscommission.org.uk .

Role of the Standards Commission

The role of the Standards Commission is to encourage high ethical standards in public life. We do that by promoting the Codes of Conduct for councillors and board members of devolved public bodies (such as Health Boards). We provide guidance and training, and answer queries, on the provisions of the Codes and how these should be interpreted. We also adjudicate (make the final decision) on alleged breaches of the Codes.

Ethical Standards Framework

The Ethical Standards Commissioner (ESC) is a separate and distinct officeholder who is responsible for investigating complaints that councillors and members of devolved public bodies have breached their respective Codes of Conduct. The ESC sends a report to the Standards Commission on the conclusion of their investigation. The ESC also has responsibilities in respect of complaints about MSPs and in regulating and monitoring how individuals are appointed to the boards of public bodies. Further information on the ESC’s role and remit can be found on their website.

On receipt of a report from the ESC, the Standards Commission can choose to:

• Hold a Hearing;
• Direct the ESC to carry out further investigations; or
• Do neither (i.e. take no further action on the complaint).

Hearings are held to determine whether the councillor or member concerned (known as the Respondent) has breached their respective Code of Conduct and, if so to decide the sanction to be applied.

Forthcoming Hearings

Information about forthcoming Hearings, including the name of the Respondent and their public body; and the date and venue, can be found here. 

Attendance at Hearings: Hearings are normally held Hearings are normally held in public at the headquarters of the Respondent’s respective council or devolved public body. As Hearings are open to the public, members of the press are also welcome to attend.

Hearings can also be held online. If a Hearing is held online, it will be livestreamed on the Standards Commission’s website.

Press Releases: The Standards Commission produces a press release after each Hearing (usually on the day of the Hearing or the following morning). These can be found on the Cases page. Please contact us if you would like to be sent a copy of the press release about any Hearing that has been held or is scheduled to be held.

The Standards Commission also produces written decisions of Hearings, which outline the reasons for its decisions on breach and, if applicable, the sanction imposed. 

General Information about Hearings

Hearing Panels comprise of three members of the Standards Commission. The ESC will present evidence and/or make submissions at the Hearing about why they consider the Respondent has contravened their Code. The Respondent is entitled to attend or be represented at the Hearing and can also present evidence and make submissions. Witnesses can be called by the ESC and the Respondent. Under the 2000 Act, the Standards Commission has a statutory power to require witnesses to appear and give evidence.

Once it has heard all the evidence and submissions, the Hearing Panel will make a determination about whether or not it is satisfied, on the balance of probabilities, that there has been a contravention of the applicable Code of Conduct by the Respondent. The Panel is obliged to impose a sanction if it concludes that the Respondent has breached their Code of Conduct.

Sanctions: The sanctions that can be imposed following a breach of a Code of Conduct are as follows:

• Censure: A censure is a formal record of the Standards Commission’s severe and public disapproval of the Respondent.
• Suspension: This can be a full or partial suspension (for up to one year). A full suspension means that the Respondent is suspended from attending all meetings of the council or devolved public body. Partial suspension means that the Respondent is suspended from attending some of the meetings of the council or devolved public body.
• Disqualification: In the case of a councillor, disqualification means that the Respondent is disqualified from holding office or standing for election as a councillor for the period determined (which can be up to five years). The disqualification extends to the councillor’s membership of any joint committee, joint board or other body on which they are a representative or nominee of their council.

In the case of a member of a devolved public body, a disqualification means the Respondent is removed from membership of the body for the period determined (which can be up to five years).

The Hearing Panel can also choose to disqualify the councillor or member from membership of any other devolved public body of which they are a member.

'No Action' Decisions

Written decisions outlining why the Standards Commission has decided to take no action on a referral from the ESC can be found on the Cases - No Action Decisions and Further Investigations page.