Information for Respondents | The Standards Commission for Scotland
Source: http://www.standardscommissionscotland.org.uk/cases/information-for-respondents
Archived: 2026-04-23 17:18
Information for Respondents | The Standards Commission for Scotland
Call:
0131 348 6666
|
Email:
enquiries@standardscommission.org.uk
Type Size
Cases
This section contains details about Hearings to be held by the Standards Commission and the procedures to be followed. It also contains information about decisions the Standards Commission has made and any interim suspensions in place. The section also contains information for individuals who are the subject of a Hearing (Respondents).
In this section
Cases - Forthcoming Hearings and Hearing Decisions
LA/AC/3199
LA/OI/3265
LA/R/2257 & LA/R/3262
LA/AC/3495
LA/PK/3477
LA/AC/3497
LA/Mo/3516
LA/D/3580
LA/AC/3600
LA/AN/3561
LA/G/3563
LA/AN/3546
LA/E/3651
LA/An/3690
LA/D/3745 & 3742
LA/S/3571
LA/SL/3558a
LA/H/3755
LA/Fi/3614
LA/Mi/3803
LA/SL/3558b
LA/NL/3705
LA/E/3645
LA/As/3780
LA/WL/3790
LA/AC/3812
LA/NA/3707
LA/H/3759
LA/WL/3698
LA/I/3764
LA/H/3838
NPA/C/3831
LA/SB/3722
LA/As/3958
LA/S/3867
LA/G/3919
LA/Fa/3929
LA/EA/3904
LA/H/3969
LA/NL/3979
LA/NL/3978
LA/Mi/4131
LA/AC/3986
LA/AB/3953
LA/H/4078
NB/CC/3976
LA/Fa/3910
LA/AC/3994
LA/As/4024
LA/An/4168
LA/NA/4086
LA/AB/4081
LA/H/4028
LA/AB/4147
LA/G/4203
NPA/LLT/4184
LA/DG/4041
LA/G/4182
LA/E/4130
NPA/LLT/4230
LA/S/4312
LA/DG/4408
LA/As/4458
Cases - No Action Decisions and Further Investigations
LA/CES/3453
LA/Mo/3469
LA/E/3504
LA/E/3517
LA/AN/3520
LA/DG/3543
LA/AB/3573
LA/Fi/3526
LA/DG/3577
LA/AC/3545
LA/AC/3592
LA/H/3515
LA/NA/3586
LA/G/3548
LA/G/3637
LA/SL/3575
LA/AB/3533
LA/E/3589
LA/DG/3514
LA/Fi/3544
LA/E/3542
LA/R/3579
LA/E/3595
NHS/ACH/3584
LA/NL/3557
LA/OI/3588
LA/AN/3631
LA/As/3629
LA/SL/3684
LA/SL/3587
LA/AN/3564
NPA/C/3612 & 3628 and LA/As/3613
LA/NL/3581
LA/Mo/3615
CSE/3748
LA/S/3641
LA/AB/3619
LA/SA/3672
LA/NL/3758
LA/R/3598
LA/E/3651a
LA/Mo/3620
LA/AC/3639
NHS/ACH/3527 & 3570
LA/SB/3654
LA/I/3688
LA/Fi/3661
LA/G/3776
LA/Fi/3646
LA/G/3606
LA/As/3686
LA/H/3778
LA/E/3653
LA/AC/3788
LA/R/3781
LA/R/3770
LA/E/3708 & 3724
LA/E/3158
LA/As/3784
LA/E/3768
LA/E/3775
LA/AC/3711
NB/NHS NS/3874
NHS/WI/3815
LA/EL/3839
LA/S/3791
LA/Fi/3740
LA/G/3818
LA/As/3827
LA/WL/3826
LA/ED/3832
LA/G/3846
LA/An/3822
LA/Mo/3857
LA/G/3816
LA/E/3865
LA/R/3886
LA/As/3852
LA/PK/3888
NPA/LLT/3892
LA/SB/3908
LA/AC/3794
LA/G/3829
LA/AC/3864a
LA/NL/3944
LA/AC/3847
LA/H/3954
LA/DG/3817
LA/AC/3864b
CSE/3793
LA/NL/3889
LA/As/3999
NB/SLCC/4022
LA/NL/3869
LA/G/3872
LA/AB/3925
LA/G/3992
LA/AN/3884
LA/R/3914
LA/E/3993b
LA/E/3993a
LA/G/4047
LA/NL/3947
LA/E/4004
LA/AB/3996
LA/NL/3921
LA/SB/4030
NB/CHS/4049
LA/EL/3911
LA/EL/4029
LA/NL/3987
LA/SA/3917
LA/H/3975
LA/H/4091
LA/E/4105
LA/AC/4056
LA/Fi/4106
LA/PK/4067
LA/SL/3905
LA/WD/4108
NHS/MIJB/4193
LA/WD/4109 and LA/WD/4118
LA/E/3961
LA/SI/4102
LA/As/4125
LA/H/3964
LA/DG/4198
LA/G/4174
LA/NL/4214
LA/An/4107
LA/AC/3990
LA/An/4044
LA/Mo/4145
LA/NL/3972
LA/NL/4187
NB/PIC/4015
LA/WL/4205
NB/CC/4135
FEC/SL/3659
LA/WL/4204
LA/G/4157
LA/S/4159
LA/Fi/4101
LA/NL/4154
LA/AB/4099
LA/As/4209
LA/NA/4080
LA/WL/4188
LA/NA/4211
LA/AC/4206
LA/I/4085
LA/H/4113
LA/EL/4051
LA/G/4160
LA/EL/4126
LA/EL/4224
LA/Fa/4202
LA/NL/4142
LA/E/4189
LA/SA/4269
LA/H/4146
LA/I/4235
LA/WL/3903
LA/SB/4302
LA/I/4270
LA/S/4221
LA/C/4271
LA/An/4295a
LA/NA/4340
LA/G/4223
NPA/LLT/4337
LA/SA/4349
LA/An/4295b
LA/SB/4431
LA/WD/4407
LA/Fa/4369
LA/Fi/4348
LA/G/4216
LA/G/4139
LA/Fi/4351
LA/H/4330
LA/R/4412
LA/H/4296
LA/ER/4374
LA/Fa/4441
LA/G/4414
LA/Fa/4317
LA/PK/4479
LA/Fi/4391
LA/AB/4402
LA/PK/4434
LA/NL/4437
LA/As/4466
LA/G/4115
LA/Fa/4395
LA/ER/4382
LA/SB/4477
LA/NA/4504
LA/AB/4373
LA/AC/4454
LA/EL/4472
LA/H/4491
Hearing Procedures, Rules and Guidance
Information for Respondents
Information for Witnesses
Cases - Interim Suspensions
Information for Respondents
Guidance for Respondents
This video provides an overview of the Hearing process and explains what will happen before, during and after the Hearing.
If you have received notification from the Standards Commission that you are to be the subject of a Hearing, you should read carefully the following information.
Information you are required to provide before the Hearing
: You are required to provide certain information before the Hearing by completing the Respondent’s Information Template, which will have been sent to you with the initial correspondence advising that a Hearing is to be held. The
Respondent’s Information Template
can be downloaded from the table below. This includes information about whether you intend to be represented and to call any witnesses to appear on your behalf.
Unrepresented Respondents:
The Standards Commission understands that being the subject of a Hearing can be daunting, particularly for Respondents who are not represented. Please note that we will do everything we can to ensure that an unrepresented Respondent is not disadvantaged.
Guidance for Unrepresented Respondents
can be downloaded from the table below.
Representation:
You are entitled to be represented at a Hearing (including by a legal representative). If you are represented, all questions must be put to, and answered by, your representative (unless they are put to you if you are giving evidence as a witness). If you are represented, then only your representative will be allowed to make submissions. Any person appearing as a witness at the Hearing will not be able to act as a representative.
You will be responsible for any costs associated with obtaining representation.
Written Submissions
: You can choose not to appear at the Hearing, but can instead rely on written submissions. If you decide not to appear, you will need to send any written submissions to the Executive Director at least 21 days before the Hearing.
Productions
: The ‘productions’ are any documents submitted by the Ethical Standards Commissioner (ESC) or Respondent to be considered by the Hearing Panel both in advance and at the Hearing. These include a copy of the ESC’s report and any case law. Any productions, including any case law on which the parties wish to rely at a Hearing, must be submitted to the Executive Director at least 14 days before the Hearing is scheduled to commence. The relevant paragraphs in any case law must be highlighted.
The Standards Commission will add any documents or case law submitted to the productions and will circulate numbered copies to both parties at the earliest available opportunity. The ESC and Respondent can refer the Hearing Panel to any document in the productions during the Hearing and can take the Panel through any points they consider to be relevant.
The Hearing Panel may decide not to accept any productions submitted less than seven days before a Hearing, if it considers it would be unfair to the other party to do so.
When they are giving evidence, witnesses will be provided with a copy of the numbered productions. Witnesses (including you if you are giving evidence), are not allowed access to any other paperwork or notes while they are giving their evidence. You can, however, refer to you own notes or paperwork while making any submissions.
Witnesses
: You and the ESC (the parties) are entitled to call witnesses to give evidence about the factual circumstances that are the subject of the complaint. It is up to you to ask any witnesses to appear on your behalf and to check that they are available, and willing, to attend on the day of the Hearing.
Witnesses will be questioned by the party calling them and may then be cross-examined (asked questions) by the other party. The party calling the witness may then re-examine the witness, but only on new matters raised during cross-examination. The party calling the witness should not put leading questions (i.e. questions which invite a witness to give a particular response) to the witness, unless they are on introductory matters or facts that are not in dispute. The Hearing Panel can choose to disregard any evidence that is obtained from a leading question.
Members of the Hearing Panel can question witnesses at any point. The parties may question witnesses on matters arising out of any question asked by the Hearing Panel.
Neither you nor the ESC (or any representatives) will be allowed to ‘badger’ a witness, for example, by:
asking argumentative or sarcastic questions;
deliberately antagonising them;
asking insulting questions in an attempt to provoke an emotional response; or;
asking repetitive questions or a variation of a question over and over.
The Hearing Panel will ask any party doing so to stop and may either prevent them from asking further questions of the witness or excuse the witness.
Witnesses are not allowed to be in the Hearing room until after they have given evidence.
If you think someone can give relevant evidence to support your position, but they refuse to appear, you can ask the Standards Commission to require them to attend. Please contact the Executive Director at least 21 days before the Hearing if you want the Standards Commission to require a person to attend. You will need to provide their name and contact details (if you have these), along with an indication as to why you think their evidence might be relevant and helpful.
Witnesses should only be asked to provide evidence about the factual circumstances that are the subject of the complaint or how any events may have affected them. They should not be asked to give their opinions or views on whether or not there has been a breach of the Code.
The Standards Commission has produced a
Guidance Note for Witnesses
, which can be downloaded from the table below.
Oath / Affirmation
: The Chair will ask any witnesses to swear an oath or make an affirmation before giving evidence. A
document containing the wording of the oath and affirmation
can be downloaded from the table below.
Relevancy of Evidence:
The Hearing Panel may refuse to hear any evidence that it does not consider to be relevant to the question of whether there has been a breach of the Code of Conduct.
Guidance on the Relevancy of Evidence
can be downloaded from the table below.
Difference between Evidence and Submissions:
You are entitled to both give evidence and to make submissions (unless you are represented, in which case it will be for your representative to make submissions on your behalf). If you decide to give evidence, you will be asked to take an oath or make an affirmation, just like any other witness. If the Hearing is being held in person, you will be asked to sit at the witness table while giving evidence.
Witnesses should give evidence about what they saw, heard, did, received etc. They should not give their views or present any arguments, as these are considered to be submissions. Submissions are observations and comments about each party’s position in respect of whether or not there has been a breach of the Code. You can refer to the evidence that has been given when you make your submissions, but you cannot give evidence yourself when you are making a submission. You can only give evidence if you are under oath or have made an affirmation as a witness.
Standard of Proof:
The standard of proof to be applied by a Hearing Panel is the balance of probabilities. This means the Hearing Panel will consider whether it is satisfied, from the evidence and submissions before it, that a breach of the Code of Conduct is more likely than not to have occurred.
Hearing Rules
: The Standards Commission’s Hearing Rules outline the procedures to be followed at a Hearing. The
Hearing Rules
can be downloaded from the table below.
Sanctions
: If the Hearing Panel finds, on the balance of probabilities, that you have breached the Code of Conduct, as alleged, it will be obliged to impose a sanction. The sanctions available to the Hearing Panel are censure, suspension or disqualification. A policy outlining the factors the Hearing Panel will consider when making a decision on the sanction to be imposed can be found in the
Application of Sanctions Policy
, which can be downloaded from the table below.
Mitigation
: If the Hearing Panel finds there has been a breach of the Code of Conduct, the Chair will ask you or you representative to call any witnesses or make any submissions in respect of mitigation before the Hearing Panel makes a decision on the sanction to be applied. You can also send written submissions (including any character references) to the Executive Director in advance of the Hearing. These will only be given to the Hearing Panel to consider if a breach of the Code of Conduct is found.
Impact Statements
: In cases where the Standards Commission’s Hearing Panel has found a breach of the respect or bullying and harassment provisions in a Code of Conduct, it may consider any impact statement received from someone affected by the Respondent’s conduct, when determining the sanction to be applied. In the event of a breach finding at a Hearing, the Panel Chair will read out the substantive contents of any impact statement provided. The Chair will do so before the Respondent makes any submissions in respect of mitigation and before any decision on sanction is made. The Hearing Panel will be mindful of, and will take into account, the fact that the information in any such a statement has not been given under oath or tested.
Article 10 of the European Convention on Human Rights (ECHR):
In cases alleging a breach of the respect, courtesy, bullying and harassment or confidentiality provisions in a Code of Conduct, the Standards Commission will be required to consider the Respondent's right to freedom of expression under Article 10 of the ECHR. Advice Notes on how Article 10 of the ECHR will be applied by the Standards Commission, for both councillors and members of devolved public bodies, can be accessed here:
https://www.standardscommissionscotland.org.uk/education-and-resources/professional-briefings
On the day
: A
diagram showing how the Hearing room will be set up
can be downloaded from the table below. Members of the public and press can attend and sit at the back of the room as observers only. Staff of the Standards Commission will be present and will introduce themselves and check whether you have any questions before the Hearing starts.
The Chair of the Hearing Panel will open the Hearing by outlining the procedure to be followed, as outlined in the Hearing Rules, which can be downloaded from the table below. The Chair will ask you if you have any questions on the procedure, before starting to hear evidence and submissions. The Chair will adjourn the Hearing at various points to allow for comfort breaks and for the Panel to deliberate. If you need any additional comfort breaks or time to gather your thoughts, you should let the Chair or a member of Standards Commission staff know.
Adjustments:
If you or any witness appearing on your behalf need particular assistance (for example, because of physical impairment or language difficulty), you should advise the Executive Director accordingly at least 14 days before the Hearing. The Hearing Panel will consider all the relevant information and will ensure that appropriate supportive measures, as far as reasonably practicable, are in place prior to the Hearing.
Support:
If you are unrepresented at the Hearing, you are allowed to bring someone along to support you. That person will not, however, be allowed to make representations, give evidence or question witnesses.
Pre-Hearing Meetings
: It is likely that you will be invited to attend a pre-Hearing meeting. The Standards Commission hold pre-Hearing meetings (usually online) to try to resolve any procedural issues and to give the parties (being the ESC and the Respondent) the opportunity to raise any issues and ask any questions before the Hearing itself. The Chair of the Hearing Panel will chair the pre-Hearing meeting, and a member of Standards Commission staff will normally also be in attendance. Pre-Hearing meetings usually take 30 – 45 minutes.
You will be asked at the pre-Hearing meeting to give an indication as to how much time you (or your representative) will need to present your case at the Hearing.
Joint Statement of Facts
: The ESC may contact you, as the Respondent, to see whether you are willing to try and agree some of the factual findings of the report. This is so the parties do not need to lead evidence about matters that are not disputed.
If you can reach agreement, then the ESC will send you a document listing the relevant facts that are not in dispute. If you agree to this, both you and the ESC will sign the document, which is known as a joint statement of facts, before submitting it to the Standards Commission. The Hearing Panel will only be provided with and consider any final, agreed and signed version of the joint statement of facts.
Adjournments
: In accordance with the Standards Commission’s
Policy on Hearing Adjournment Requests
, which can be downloaded from the table below, the Hearing Panel may, at its own discretion or on the application of any of the parties, postpone or adjourn a Hearing. Before any request for postponement or adjournment is granted, the Hearing Panel will consider:
(a) The public interest in the expeditious disposal of the case; and
(b) Any inconvenience or prejudice to the parties and to witnesses.
If you wish to submit an application for the postponement of a Hearing, please email
enquiries@standardscommission.org.uk
at least seven days before the scheduled date of the Hearing. It will be up to the Chair to decide whether any application submitted later than seven days before the scheduled date of the Hearing should be considered.
HELP AND QUESTIONS:
You can contact Standards Commission staff if you have any questions or need help before the Hearing. The contact details are as follows:
Email:
enquiries@standardscommission.org.uk
Phone: 0131 348 6666
Downloads
Respondent's Information Template
14th August 2023
Download DOCX
Guidance for Unrepresented Respondents
20th January 2025
Download PDF
Wording of the Oath and Affirmation
17th October 2025
Download PDF
Guidance on the Relevancy of Evidence
3rd November 2025
Download PDF
Hearing Rules
1st April 2026
Download PDF
Application of Sanctions Policy
26th January 2026
Download PDF
Hearing Room Set Up
27th July 2022
Download PDF
Policy on Hearing Adjournment Requests
1st August 2025
Download PDF
Guidance Note for Witnesses
7th November 2024
Download PDF
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Call:
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Type Size
Cases
This section contains details about Hearings to be held by the Standards Commission and the procedures to be followed. It also contains information about decisions the Standards Commission has made and any interim suspensions in place. The section also contains information for individuals who are the subject of a Hearing (Respondents).
In this section
Cases - Forthcoming Hearings and Hearing Decisions
LA/AC/3199
LA/OI/3265
LA/R/2257 & LA/R/3262
LA/AC/3495
LA/PK/3477
LA/AC/3497
LA/Mo/3516
LA/D/3580
LA/AC/3600
LA/AN/3561
LA/G/3563
LA/AN/3546
LA/E/3651
LA/An/3690
LA/D/3745 & 3742
LA/S/3571
LA/SL/3558a
LA/H/3755
LA/Fi/3614
LA/Mi/3803
LA/SL/3558b
LA/NL/3705
LA/E/3645
LA/As/3780
LA/WL/3790
LA/AC/3812
LA/NA/3707
LA/H/3759
LA/WL/3698
LA/I/3764
LA/H/3838
NPA/C/3831
LA/SB/3722
LA/As/3958
LA/S/3867
LA/G/3919
LA/Fa/3929
LA/EA/3904
LA/H/3969
LA/NL/3979
LA/NL/3978
LA/Mi/4131
LA/AC/3986
LA/AB/3953
LA/H/4078
NB/CC/3976
LA/Fa/3910
LA/AC/3994
LA/As/4024
LA/An/4168
LA/NA/4086
LA/AB/4081
LA/H/4028
LA/AB/4147
LA/G/4203
NPA/LLT/4184
LA/DG/4041
LA/G/4182
LA/E/4130
NPA/LLT/4230
LA/S/4312
LA/DG/4408
LA/As/4458
Cases - No Action Decisions and Further Investigations
LA/CES/3453
LA/Mo/3469
LA/E/3504
LA/E/3517
LA/AN/3520
LA/DG/3543
LA/AB/3573
LA/Fi/3526
LA/DG/3577
LA/AC/3545
LA/AC/3592
LA/H/3515
LA/NA/3586
LA/G/3548
LA/G/3637
LA/SL/3575
LA/AB/3533
LA/E/3589
LA/DG/3514
LA/Fi/3544
LA/E/3542
LA/R/3579
LA/E/3595
NHS/ACH/3584
LA/NL/3557
LA/OI/3588
LA/AN/3631
LA/As/3629
LA/SL/3684
LA/SL/3587
LA/AN/3564
NPA/C/3612 & 3628 and LA/As/3613
LA/NL/3581
LA/Mo/3615
CSE/3748
LA/S/3641
LA/AB/3619
LA/SA/3672
LA/NL/3758
LA/R/3598
LA/E/3651a
LA/Mo/3620
LA/AC/3639
NHS/ACH/3527 & 3570
LA/SB/3654
LA/I/3688
LA/Fi/3661
LA/G/3776
LA/Fi/3646
LA/G/3606
LA/As/3686
LA/H/3778
LA/E/3653
LA/AC/3788
LA/R/3781
LA/R/3770
LA/E/3708 & 3724
LA/E/3158
LA/As/3784
LA/E/3768
LA/E/3775
LA/AC/3711
NB/NHS NS/3874
NHS/WI/3815
LA/EL/3839
LA/S/3791
LA/Fi/3740
LA/G/3818
LA/As/3827
LA/WL/3826
LA/ED/3832
LA/G/3846
LA/An/3822
LA/Mo/3857
LA/G/3816
LA/E/3865
LA/R/3886
LA/As/3852
LA/PK/3888
NPA/LLT/3892
LA/SB/3908
LA/AC/3794
LA/G/3829
LA/AC/3864a
LA/NL/3944
LA/AC/3847
LA/H/3954
LA/DG/3817
LA/AC/3864b
CSE/3793
LA/NL/3889
LA/As/3999
NB/SLCC/4022
LA/NL/3869
LA/G/3872
LA/AB/3925
LA/G/3992
LA/AN/3884
LA/R/3914
LA/E/3993b
LA/E/3993a
LA/G/4047
LA/NL/3947
LA/E/4004
LA/AB/3996
LA/NL/3921
LA/SB/4030
NB/CHS/4049
LA/EL/3911
LA/EL/4029
LA/NL/3987
LA/SA/3917
LA/H/3975
LA/H/4091
LA/E/4105
LA/AC/4056
LA/Fi/4106
LA/PK/4067
LA/SL/3905
LA/WD/4108
NHS/MIJB/4193
LA/WD/4109 and LA/WD/4118
LA/E/3961
LA/SI/4102
LA/As/4125
LA/H/3964
LA/DG/4198
LA/G/4174
LA/NL/4214
LA/An/4107
LA/AC/3990
LA/An/4044
LA/Mo/4145
LA/NL/3972
LA/NL/4187
NB/PIC/4015
LA/WL/4205
NB/CC/4135
FEC/SL/3659
LA/WL/4204
LA/G/4157
LA/S/4159
LA/Fi/4101
LA/NL/4154
LA/AB/4099
LA/As/4209
LA/NA/4080
LA/WL/4188
LA/NA/4211
LA/AC/4206
LA/I/4085
LA/H/4113
LA/EL/4051
LA/G/4160
LA/EL/4126
LA/EL/4224
LA/Fa/4202
LA/NL/4142
LA/E/4189
LA/SA/4269
LA/H/4146
LA/I/4235
LA/WL/3903
LA/SB/4302
LA/I/4270
LA/S/4221
LA/C/4271
LA/An/4295a
LA/NA/4340
LA/G/4223
NPA/LLT/4337
LA/SA/4349
LA/An/4295b
LA/SB/4431
LA/WD/4407
LA/Fa/4369
LA/Fi/4348
LA/G/4216
LA/G/4139
LA/Fi/4351
LA/H/4330
LA/R/4412
LA/H/4296
LA/ER/4374
LA/Fa/4441
LA/G/4414
LA/Fa/4317
LA/PK/4479
LA/Fi/4391
LA/AB/4402
LA/PK/4434
LA/NL/4437
LA/As/4466
LA/G/4115
LA/Fa/4395
LA/ER/4382
LA/SB/4477
LA/NA/4504
LA/AB/4373
LA/AC/4454
LA/EL/4472
LA/H/4491
Hearing Procedures, Rules and Guidance
Information for Respondents
Information for Witnesses
Cases - Interim Suspensions
Information for Respondents
Guidance for Respondents
This video provides an overview of the Hearing process and explains what will happen before, during and after the Hearing.
If you have received notification from the Standards Commission that you are to be the subject of a Hearing, you should read carefully the following information.
Information you are required to provide before the Hearing
: You are required to provide certain information before the Hearing by completing the Respondent’s Information Template, which will have been sent to you with the initial correspondence advising that a Hearing is to be held. The
Respondent’s Information Template
can be downloaded from the table below. This includes information about whether you intend to be represented and to call any witnesses to appear on your behalf.
Unrepresented Respondents:
The Standards Commission understands that being the subject of a Hearing can be daunting, particularly for Respondents who are not represented. Please note that we will do everything we can to ensure that an unrepresented Respondent is not disadvantaged.
Guidance for Unrepresented Respondents
can be downloaded from the table below.
Representation:
You are entitled to be represented at a Hearing (including by a legal representative). If you are represented, all questions must be put to, and answered by, your representative (unless they are put to you if you are giving evidence as a witness). If you are represented, then only your representative will be allowed to make submissions. Any person appearing as a witness at the Hearing will not be able to act as a representative.
You will be responsible for any costs associated with obtaining representation.
Written Submissions
: You can choose not to appear at the Hearing, but can instead rely on written submissions. If you decide not to appear, you will need to send any written submissions to the Executive Director at least 21 days before the Hearing.
Productions
: The ‘productions’ are any documents submitted by the Ethical Standards Commissioner (ESC) or Respondent to be considered by the Hearing Panel both in advance and at the Hearing. These include a copy of the ESC’s report and any case law. Any productions, including any case law on which the parties wish to rely at a Hearing, must be submitted to the Executive Director at least 14 days before the Hearing is scheduled to commence. The relevant paragraphs in any case law must be highlighted.
The Standards Commission will add any documents or case law submitted to the productions and will circulate numbered copies to both parties at the earliest available opportunity. The ESC and Respondent can refer the Hearing Panel to any document in the productions during the Hearing and can take the Panel through any points they consider to be relevant.
The Hearing Panel may decide not to accept any productions submitted less than seven days before a Hearing, if it considers it would be unfair to the other party to do so.
When they are giving evidence, witnesses will be provided with a copy of the numbered productions. Witnesses (including you if you are giving evidence), are not allowed access to any other paperwork or notes while they are giving their evidence. You can, however, refer to you own notes or paperwork while making any submissions.
Witnesses
: You and the ESC (the parties) are entitled to call witnesses to give evidence about the factual circumstances that are the subject of the complaint. It is up to you to ask any witnesses to appear on your behalf and to check that they are available, and willing, to attend on the day of the Hearing.
Witnesses will be questioned by the party calling them and may then be cross-examined (asked questions) by the other party. The party calling the witness may then re-examine the witness, but only on new matters raised during cross-examination. The party calling the witness should not put leading questions (i.e. questions which invite a witness to give a particular response) to the witness, unless they are on introductory matters or facts that are not in dispute. The Hearing Panel can choose to disregard any evidence that is obtained from a leading question.
Members of the Hearing Panel can question witnesses at any point. The parties may question witnesses on matters arising out of any question asked by the Hearing Panel.
Neither you nor the ESC (or any representatives) will be allowed to ‘badger’ a witness, for example, by:
asking argumentative or sarcastic questions;
deliberately antagonising them;
asking insulting questions in an attempt to provoke an emotional response; or;
asking repetitive questions or a variation of a question over and over.
The Hearing Panel will ask any party doing so to stop and may either prevent them from asking further questions of the witness or excuse the witness.
Witnesses are not allowed to be in the Hearing room until after they have given evidence.
If you think someone can give relevant evidence to support your position, but they refuse to appear, you can ask the Standards Commission to require them to attend. Please contact the Executive Director at least 21 days before the Hearing if you want the Standards Commission to require a person to attend. You will need to provide their name and contact details (if you have these), along with an indication as to why you think their evidence might be relevant and helpful.
Witnesses should only be asked to provide evidence about the factual circumstances that are the subject of the complaint or how any events may have affected them. They should not be asked to give their opinions or views on whether or not there has been a breach of the Code.
The Standards Commission has produced a
Guidance Note for Witnesses
, which can be downloaded from the table below.
Oath / Affirmation
: The Chair will ask any witnesses to swear an oath or make an affirmation before giving evidence. A
document containing the wording of the oath and affirmation
can be downloaded from the table below.
Relevancy of Evidence:
The Hearing Panel may refuse to hear any evidence that it does not consider to be relevant to the question of whether there has been a breach of the Code of Conduct.
Guidance on the Relevancy of Evidence
can be downloaded from the table below.
Difference between Evidence and Submissions:
You are entitled to both give evidence and to make submissions (unless you are represented, in which case it will be for your representative to make submissions on your behalf). If you decide to give evidence, you will be asked to take an oath or make an affirmation, just like any other witness. If the Hearing is being held in person, you will be asked to sit at the witness table while giving evidence.
Witnesses should give evidence about what they saw, heard, did, received etc. They should not give their views or present any arguments, as these are considered to be submissions. Submissions are observations and comments about each party’s position in respect of whether or not there has been a breach of the Code. You can refer to the evidence that has been given when you make your submissions, but you cannot give evidence yourself when you are making a submission. You can only give evidence if you are under oath or have made an affirmation as a witness.
Standard of Proof:
The standard of proof to be applied by a Hearing Panel is the balance of probabilities. This means the Hearing Panel will consider whether it is satisfied, from the evidence and submissions before it, that a breach of the Code of Conduct is more likely than not to have occurred.
Hearing Rules
: The Standards Commission’s Hearing Rules outline the procedures to be followed at a Hearing. The
Hearing Rules
can be downloaded from the table below.
Sanctions
: If the Hearing Panel finds, on the balance of probabilities, that you have breached the Code of Conduct, as alleged, it will be obliged to impose a sanction. The sanctions available to the Hearing Panel are censure, suspension or disqualification. A policy outlining the factors the Hearing Panel will consider when making a decision on the sanction to be imposed can be found in the
Application of Sanctions Policy
, which can be downloaded from the table below.
Mitigation
: If the Hearing Panel finds there has been a breach of the Code of Conduct, the Chair will ask you or you representative to call any witnesses or make any submissions in respect of mitigation before the Hearing Panel makes a decision on the sanction to be applied. You can also send written submissions (including any character references) to the Executive Director in advance of the Hearing. These will only be given to the Hearing Panel to consider if a breach of the Code of Conduct is found.
Impact Statements
: In cases where the Standards Commission’s Hearing Panel has found a breach of the respect or bullying and harassment provisions in a Code of Conduct, it may consider any impact statement received from someone affected by the Respondent’s conduct, when determining the sanction to be applied. In the event of a breach finding at a Hearing, the Panel Chair will read out the substantive contents of any impact statement provided. The Chair will do so before the Respondent makes any submissions in respect of mitigation and before any decision on sanction is made. The Hearing Panel will be mindful of, and will take into account, the fact that the information in any such a statement has not been given under oath or tested.
Article 10 of the European Convention on Human Rights (ECHR):
In cases alleging a breach of the respect, courtesy, bullying and harassment or confidentiality provisions in a Code of Conduct, the Standards Commission will be required to consider the Respondent's right to freedom of expression under Article 10 of the ECHR. Advice Notes on how Article 10 of the ECHR will be applied by the Standards Commission, for both councillors and members of devolved public bodies, can be accessed here:
https://www.standardscommissionscotland.org.uk/education-and-resources/professional-briefings
On the day
: A
diagram showing how the Hearing room will be set up
can be downloaded from the table below. Members of the public and press can attend and sit at the back of the room as observers only. Staff of the Standards Commission will be present and will introduce themselves and check whether you have any questions before the Hearing starts.
The Chair of the Hearing Panel will open the Hearing by outlining the procedure to be followed, as outlined in the Hearing Rules, which can be downloaded from the table below. The Chair will ask you if you have any questions on the procedure, before starting to hear evidence and submissions. The Chair will adjourn the Hearing at various points to allow for comfort breaks and for the Panel to deliberate. If you need any additional comfort breaks or time to gather your thoughts, you should let the Chair or a member of Standards Commission staff know.
Adjustments:
If you or any witness appearing on your behalf need particular assistance (for example, because of physical impairment or language difficulty), you should advise the Executive Director accordingly at least 14 days before the Hearing. The Hearing Panel will consider all the relevant information and will ensure that appropriate supportive measures, as far as reasonably practicable, are in place prior to the Hearing.
Support:
If you are unrepresented at the Hearing, you are allowed to bring someone along to support you. That person will not, however, be allowed to make representations, give evidence or question witnesses.
Pre-Hearing Meetings
: It is likely that you will be invited to attend a pre-Hearing meeting. The Standards Commission hold pre-Hearing meetings (usually online) to try to resolve any procedural issues and to give the parties (being the ESC and the Respondent) the opportunity to raise any issues and ask any questions before the Hearing itself. The Chair of the Hearing Panel will chair the pre-Hearing meeting, and a member of Standards Commission staff will normally also be in attendance. Pre-Hearing meetings usually take 30 – 45 minutes.
You will be asked at the pre-Hearing meeting to give an indication as to how much time you (or your representative) will need to present your case at the Hearing.
Joint Statement of Facts
: The ESC may contact you, as the Respondent, to see whether you are willing to try and agree some of the factual findings of the report. This is so the parties do not need to lead evidence about matters that are not disputed.
If you can reach agreement, then the ESC will send you a document listing the relevant facts that are not in dispute. If you agree to this, both you and the ESC will sign the document, which is known as a joint statement of facts, before submitting it to the Standards Commission. The Hearing Panel will only be provided with and consider any final, agreed and signed version of the joint statement of facts.
Adjournments
: In accordance with the Standards Commission’s
Policy on Hearing Adjournment Requests
, which can be downloaded from the table below, the Hearing Panel may, at its own discretion or on the application of any of the parties, postpone or adjourn a Hearing. Before any request for postponement or adjournment is granted, the Hearing Panel will consider:
(a) The public interest in the expeditious disposal of the case; and
(b) Any inconvenience or prejudice to the parties and to witnesses.
If you wish to submit an application for the postponement of a Hearing, please email
enquiries@standardscommission.org.uk
at least seven days before the scheduled date of the Hearing. It will be up to the Chair to decide whether any application submitted later than seven days before the scheduled date of the Hearing should be considered.
HELP AND QUESTIONS:
You can contact Standards Commission staff if you have any questions or need help before the Hearing. The contact details are as follows:
Email:
enquiries@standardscommission.org.uk
Phone: 0131 348 6666
Downloads
Respondent's Information Template
14th August 2023
Download DOCX
Guidance for Unrepresented Respondents
20th January 2025
Download PDF
Wording of the Oath and Affirmation
17th October 2025
Download PDF
Guidance on the Relevancy of Evidence
3rd November 2025
Download PDF
Hearing Rules
1st April 2026
Download PDF
Application of Sanctions Policy
26th January 2026
Download PDF
Hearing Room Set Up
27th July 2022
Download PDF
Policy on Hearing Adjournment Requests
1st August 2025
Download PDF
Guidance Note for Witnesses
7th November 2024
Download PDF
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