Reports to the Standards Commission
When the Commissioner concludes that a person's behaviour has breached the applicable Code of Conduct, we report to the Standards Commission for Scotland.
Breach reports
We investigate complaints about the conduct of local authority councillors and the board members of certain public bodies. When the Commissioner concludes that the person’s behaviour has breached the applicable Code of Conduct, we report to the Standards Commission for Scotland. In these cases, the Standards Commission may decide to:
- ask us to investigate further
- hold a public hearing or
- take no action.
Since 1 April 2020, we have referred the following breach reports to the Standards Commission for Scotland, and in all of these cases, the Commission has confirmed a breach outcome at hearing.
| Case Reference | Council/Public Body | Date referred to the Standards Commission | Hearing Date* | Outcome |
|---|---|---|---|---|
| LA/R/2257 (COJOINED with R/3262 by the Standards Commission) | Renfrewshire Council | 27/04/2020 | 10/9/2020 (see new hearing as directed by the Sheriff Principal below) | Disqualification - subsequently quashed on appeal to the Sheriff Principal on the grounds that the Commission Panel, in failing to take account of certain material facts, had exercised their discretion unreasonably |
| LA/SL/2252 | South Lanarkshire Council | 28/04/2020 | 23/07/2020 | Censure |
| LA/H/3003 | Highland Council | 30/04/2020 | 08/07/2020 | Censure |
| LA/AC/2276 | Aberdeen City Council | 08/06/2020 | 22/10/2020 | Censure |
| LA/WD/3016 | West Dunbartonshire Council | 10/06/2020 | 14/09/2020 | Suspension |
| LA/AC/3199 | Aberdeen City Council | 16/06/2020 | 20/11/2020 | Suspension |
| LA/Mo/3132 | Moray Council | 26/06/2020 | 12/10/2020 | Censure |
| LA/Fi/3125 | Fife Council | 29/06/2020 | 09/11/2020 | Censure |
| LA/R/3262 (COJOINED with R/2257 by the Standards Commission) | Renfrewshire Council | 16/07/2020 | 10/09/2020 (see new hearing as directed by the Sheriff Principal below) | Disqualification - subsequently quashed on appeal to the Sheriff Principal on the grounds that the Commission Panel, in failing to take account of certain material facts, had exercised their discretion unreasonably |
| LA/Fi/3039 | Fife Council | 22/07/2020 | 23/11/2020 | Suspension |
| LA/Fi/3075 | Fife Council | 22/07/2020 | 23/11/2020 | Suspension |
| LA/ER/3271 | East Renfrewshire Council | 10/08/2020 | 13/11/2020 | Suspension |
| LA/Fi/3278 | Fife Council | 28/09/2020 | 16/12/2020 | Suspension |
| LA/SI/3305 | Shetland Islands Council | 08/10/2020 | 17/12/2020 | Censure |
| LA/OI/3265 | Orkney Islands Council | 30/10/2020 | 18/01/2021 | Suspension |
| LA/R/2257 | Renfrewshire Council | 27/04/2020 | 03/05/2021 | Disqualification |
| LA/R/3262 | Renfrewshire Council | 16/07/2020 | 03/05/2021 | Disqualification |
| Total | 17 |
*Please note that hearing dates are scheduled solely by the Standards Commission.
Interim Breach Reports
In certain circumstances, the Commissioner may issue an interim report to the Standards Commission asking for a Councillor or board member to be suspended whilst we investigate a complaint.
This step is reserved for the most serious complaints received, where the conduct complained of poses a risk of harm to others, including members of the public, other councillors or council staff, or has the potential to significantly undermine the ethical standards framework.
Since 1 January 2020 the following interim reports have been referred to the Standards Commission:
| Case Reference | Council/Public Body | Nature of Complaint | Date referred to the Standards Commission | Outcome | Period of Suspension |
|---|---|---|---|---|---|
| REDACTED | REDACTED | Sexual misconduct | 26/02/2020 | Suspension not granted | - |
| LA/AC/3199 | Aberdeen City Council | Criminal conviction and disrespect | 25/02/2020 | Suspension granted | 04/03/2020 to 20/11/2020 |
| Total | 2 |
Useful links
Find out more about hearings and interim suspensions on the Standards Commission's website:
Making a complaint
We investigate complaints about the behaviour of MSPs, local authority councillors, and board members of public bodies and about lobbyists.
How we investigate
Are you considering making a complaint? Have you complained to us already? Would you like to know more about what happens next? Here’s how we’ll investigate your complaint.