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Terms of Reference

  •  (i)  The Review Sub-Committee is established to review (upon the request of a person who has made an allegation that a member of the Fire Authority has failed, or may have failed, to comply with the Authority’s Code of Conduct) a decision of the Assessment Sub-Committee that no action be taken in respect of that allegation.

  •  (ii)  Upon receipt of each such request and any accompanying report by the Monitoring Officer, the Sub-Committee shall review the decision of the Assessment Sub-Committee and shall then do one of the following:

    (a)  refer the allegation to the Monitoring Officer, with an instruction that he/she arrange a formal investigation of the allegation, or specifying that he/she take an alternative action as permitted by Regulations (this includes deferring a decision to refer the matter for formal investigation whilst there is an assessment by the Monitoring Officer of the likely outcome of any alternative action);
      (b)  refer the allegation to the Standards Board for England

(c)  decide that no action should be taken in respect of the allegation; or

(d)  where the allegation is in respect of a person who is no longer a member  of the Authority, but is a member of another relevant authority (as defined in Section 49 of the Local Government Act 2000), refer the allegation to the Monitoring Officer of that other relevant authority;
and shall instruct the Monitoring Officer to take reasonable steps to notify the person making the allegation and the member concerned of that decision.

  • (iii)  The Sub-Committee shall state its reasons for its decision.

  • (iv)  Where a direction has been given to the Monitoring Officer to take steps other than an investigation, to receive the report back from the Monitoring Officer (under Regulation 13 of the Standards Committee (England) Regulations 2008) and either:

    (a)  where the Sub-Committee is not satisfied with the action specified in the report, give a further direction to the Monitoring Officer, or
(b)  if the Sub-Committee is satisfied with the action specified in the report, to give the appropriate written notices in accordance with the Regulations.
 

Membership

Three members (not being involved in the Assessment Sub-Committee meeting for the complaint concerned) of whom two shall be independent co-opted members of the Standards Committee, who shall chair the Sub-Committee and the other one shall be an elected member of the Fire Authority. The independent co opted members may be members of another authority’s standards committee appointed to assist in reviewing a specific complaint or complaints.