Information for the public

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.

More information on who we are and the public bodies that fall within our remit can be found on the About Us page. 

Codes of Conduct

All councillors in Scotland are obliged to act in accordance with the Councillors' Code of Conduct. A Guide for the Public on the Councillors' Code of Conduct can be found here.

The Codes of Conduct for members of devolved public bodies are based on a Model Code of Conduct. A Guide for the Public on the Model Code of Conduct can be found here.

The Advice Notes outline the different sections of the Code and what they mean, in a user-friendly format. They also explain what matters are and are not covered by the Code and the complaints process.

When the Codes of Conduct apply

The Codes of Conduct do not apply to a councillor or member's private or family life. They only apply when:

• the individual is acting as a councillor or a board member (for example, when attending Council or public body board or committee meetings, engaging with council officers or public body employees, assisting constituents or service users or undertaking site visits).
• they have identified themselves as councillors or board members at the time of the conduct in question (for example, by referring to their role on a social media account).
• they could objectively be perceived to be acting as a councillor or a board 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 board member).

What matters are not covered by the Codes of Conduct and the Ethical Standards Framework

• When councillors and board members are acting in a purely personal or private capacity (this is even in cases where someone recognises they are, or identifies them as, a councillor or board member).
• When they are at an event that is unconnected to their Council or public body (or their role as a councillor or board member), and where they have not identified themselves as a councillor or board member.
• How they perform as a councillor or board member (for example, how helpful they are to constituents or service users, and whether and how quickly they respond to requests for assistance).
• Decisions they make as a councillor or board member (for example, on how the Council’s budget should be spent or how savings should be made, or on a public body's priorities).
• Decisions made by councils or public bodies. 
• The conduct of council officers or public body employees.
• The conduct of community councillors.

Complaints

Complaints about alleged breaches of the Codes of Conduct by councillors and members are made to the Ethical Standards Commissioner (ESC) who is a separate and distinct officeholder. More information about the role of the ESC can be found on their website.

The ESC is is responsible for investigating any complaint that a councillor or member has breached their respective Code of Conduct. The ESC sends a report to the Standards Commission on the conclusion of their investigation. The ESC has produced an Easy Read Guide that explains what you need to know and do to make a complaint.

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

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. 

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.

Hearings are normally held in public at the headquarters of the Respondent’s respective council or devolved public body. Hearings can also be held online. If a Hearing is held online, it will be livestreamed on the Standards Commission’s website.

Information about forthcoming Hearings and written decisions of Hearings can be found on the Cases - Forthcoming Hearings and Hearings Decisions page. 

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.