HC Deb 17 May 2004 vol 421 c728W
Mr. Nigel Jones

To ask the Deputy Prime Minister (1) whether a local authority has the power to suspend one of the authority's statutory officers before the appointment of a designated independent person under The Local Authorities (Standing Orders) (England) Regulations 2001, if the authority has received an independent report from an external consultant of the serious effect of bullying and harassment by the statutory officer on the physical and mental well-being of other officers of the authority; [173348]

(2) whether a local authority has the power to suspend one of the authority's statutory officers before the appointment of a designated independent person under The Local Authorities (Standing Orders) (England) Regulations 2001, if the authority has received more than one allegation of bullying and harassment by the statutory officer; and if he will make a statement. [173349]

Mr. Raynsford

Arrangements for councils to handle allegations of misconduct by their head of paid service, monitoring officer or chief finance officer are set out in the Local Authorities (Standing Orders) (England) Regulations 2001. The Regulations provide that the authority may suspend the officer for up to two months in order to allow investigation of the allegation. This period may begin before the appointment under the Regulations of an independent person to investigate the allegation and who, once appointed, may extend the period of suspension. Apart from this, no disciplinary action may be taken by an authority in respect of the officer concerned other than in accordance with a recommendation of a report made by the independent person. It is for the authority to decide whether it appears to them that an allegation requires investigation and to ensure that the decisions it makes are within the powers available to it.

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