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Online Case Review Introduction

This is the third paragraph-by-paragraph analysis of the Code of Conduct issued by Standards for England. It is intended primarily as a research tool for monitoring officers and standards committees. It has been developed to help them understand how tribunals and higher courts have interpreted the Code of Conduct. It is envisaged as a complement to the guidance we have produced.

We have produced this new version at the request of monitoring officers to enable them to have an up-to-date on-line resource. Each paragraph of the revised Code (2007) is explored through a series of questions and answers, followed by tribunal and court case examples wherever possible. It supersedes The Case Review 2007 and The Case Review: 2008 Digest which were sent out in hard copy to all principal authorities. In addition we have added a new section which deals with important cases concerning procedural issues that we hope you will find useful.

And, of course, the law is far from static. Alongside the major shifts resulting from revision of the Code and changes in legislation are the changes which result from case law. It is a consequence of the constantly developing understanding and the evolving interpretation of the Code of Conduct that publications such as this can become outdated. It is our intention to keep The Case Review, under constant review to reflect that developing understanding. We will let you know of changes as they are made.

This version was published online on 11 October 2011 and covers cases up to the end of August 2011.

How to use the Case Review

  • Each of the 14 paragraphs of the Code has introductory information plus links to Q&As and - for most paragraphs - case examples.
  • The final ‘Procedural issues’ section has four sub-sections containing categories of case examples: Investigations, Hearings, Determinations and Sanctions, and Rules and Procedures.
  • The ‘Decision’ link below each case example takes you to the Final Full Decision published on the First-Tier Tribunal website.
  • You can access this information via the Main index or the paragraph links in the right hand column on every page of the Case Review. Within each paragraph there are links to the contents page for that paragraph.

A downloadable PDF version is available here: Case Review 2010.

Changes made to 11 October 2011 version

DISCLAIMER

The views expressed in this publication are those of the Standards Board for England and should not be treated as formal legal advice. Further guidance on the interpretation of the Code of Conduct will be obtained from the decisions of the former Adjudication Panel for England now the First-tier Tribunal ( Local Government Standards in England) and the courts.

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Last Modified: 27 10 2011
© Standards for England 2010