Q. Can the Scottish executive intervene with the running and decisions of Local Authorities?
A.The powers and duties of Local authorities are set out in statute and, as they are distinct corporate bodies, are entirely separate from the Scottish Executive. Councils have the maximum flexibility to develop policies and deliver services in the way that best reflects local needs and circumstances. Ministers cannot intervene except in particular circumstances where the law specifies them to do so.
Q. How do I make a complaint against my councillor?
A. The Ethnical Standards in Public Life (Scotland) Act has introduced a statutory framework for ethical standards. As part of this framework, the act provides for the introduction of new codes of conduct for local councillors and members of relevant public bodies. The Standards Commission for Scotland has now been established and you may wish to contact them for general information on their role and that of individual local authorities in ensuring compliance with the new statutory Code of conduct. The Commission can be contacted at:
The standards commission, Forsyth House, Innova Business Campus, Rosyth Europarc, Rosyth. KY11 2UU Tel. 01383 428061
Q. How do I make a complaint against my Council?
A. General complaints against councils can be taken up with your Local Councillor or alternatively with the council's Chief Executive.
Q. What if I think my council are not complying with the statute or code of practice?
A. If you believe the council is not complying with statute or a code of practice you can take this matter up with the councils monitoring officer who is required by the provisions made in the Local government and housing Act 1989 to prepare a report for consideration by the full council if he believes any action by a council, or any committee, sub-committee member or officer of the council has contravened any enactment or code of practice.
Q. I have complained to my council but feel I have suffered an injustice due to maladministration. Is there anyone I can direct this complaint to?
A. The Local Government Ombudsman is appointed as an independent adjudicator and can investigate where there appears to have been a Maladministration by the local authority. If you consider that you have suffered an injustice as a result of maladministration on the part of the Council, then you can ask the Ombudsman to investigate. Her office is at:SCOTTISH PUBLIC SERVICES OMBUDSMAN, 4 MELVILLE STREET, EDINBURGH, EH3 7NS, TELEPHONE 08700115378.
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