Cases | The Standards Commission for Scotland
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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
Decision-Making Process
How Cases are Referred to Us
The Ethical Standards Commissioner (ESC) sends a report to the Standards Commission, following the completion of an investigation into an allegation that a councillor or member of a devolved public body has contravened their respective Code of Conduct (being either the Councillors' Code of Conduct or the public body's Code of Conduct, which is based on the Model Code of Conduct). The report is sent in accordance with sections 10 and 14 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (the 2000 Act). The 2000 Act can be downloaded from the
Ethical Standards Legislation
page of this website.
Details of cases referred to the Standards Commission by the ESC can be found under the '
Cases - Forthcoming Hearings and Hearing Decisions
' page and '
Cases - No Action Decisions and Further Investigations
' page.
Decision on Referral
When a report from the ESC is received, the Standards Commission will decide, under Section 16 of the 2000 Act to:
direct the ESC to carry out further investigations
hold a Hearing, or
take no action
The factors the Standards Commission will consider when making a decision on a report referred by the ESC are outlined in our
Section 16 Policy,
which is available to download as a pdf.
process document
that aims to support the Section 16 Policy and provide transparency, by identifying the various scenarios that could arise and outlining the steps that will be taken by the Standards Commission in its decision-making process in respect of each one, is also available to download as a pdf.
Decisions made by the Standards Commission to hold Hearings are noted in the table on the '
Cases - Forthcoming Hearings and Hearing Decisions
' page.
Decisions made by the Standards Commission to take no action or to direct further investigation are noted in the table on the '
Cases - No Action Decisions and Further Investigations
' page.
pre-election case referral document
outlining how the Standards Commission will normally proceed when it receives report from the ESC immediately before, and during, a local government pre-election period, can be downloaded as a pdf.
Purpose of Hearings
The Standards Commission holds Hearings (usually in public) to determine whether a Councillor or Member (the Respondent) has breached their respective Code of Conduct. The Hearing Panel comprises of three members of the Standards Commission. The ESC will present the findings of their investigation and/or make submissions at the Hearing about why they consider the Respondent has or has not contravened the relevant Code. The Respondent is entitled to attend or be represented at the Hearing and can also present evidence and make submissions. Both parties can call witnesses. Once it has heard all the evidence and submissions, the Hearing Panel will make a determination about whether or not it is satisfied, on the balance of probabilities, that there has been a contravention of the Code by the Respondent. If the Hearing Panel decides that a Respondent has breached the relevant Code of Conduct, it will then impose a sanction.
Scheduled Hearings
The table in the '
Cases - Forthcoming Hearings and Hearing Decisions'
page provides details about forthcoming Hearings and Hearings which have already taken place. This includes the name of the councillor or member (known as the Respondent) and the name of their council or devolved public body.  Details about the date, time and venue of the Hearing are also included, if these arrangements have been finalised.
The table also contains information about which paragraphs of the Code of Conduct the Respondent is found to have breached, if applicable, under the Heading 'Paragraph or section of the Code / Decision on Breach'. The Codes of Conduct can be found on our
Codes of Conduct
page.
Details of the procedures followed at a Standards Commission's Hearing are outlined in the Hearings Process Guide and Rules, which can be accessed from the menu on the left.
Hearing Panel Decisions
The Hearing Panel's decision about whether or not there has been a breach of the Code of Conduct and, if so, what sanction is to be applied will be noted in the table on the '
Cases - Forthcoming Hearings and Hearing Decisions
' page shortly after the conclusion of the Hearing.
The Hearing Panel's full written decision will be available to download from the table within 21 days of the conclusion of the Hearing, after the parties to the Hearing have been notified of the outcome in writing.
Details of individual cases will be removed and, thereafter, deleted in line with the Standards Commission’s
Document Retention Schedule
, a copy of this can be downloaded as a pdf.
The Standards Commission will redact the name of a complainer from the published written decision unless the Complainer is a councillor, member of a devolved public body or MSP.
Interim Suspensions
Section 21 of the 2000 Act provides the Standards Commission with the power to impose an interim suspension on a councillor or member of a devolved public body on receipt of an interim report from the ESC about an ongoing investigation.  Any decisions made under Section 21 are listed in the table which can be accessed from the Cases - Interim Suspension menu option or on our
Interim Suspensions
page. Information outlining how the Standards Commission makes any decision under Section 21 and the procedures it will follow in doing so should any such a report be received from the ESC can be found in our
Interim Suspension Policy
, which is available to download as a pdf.
Section 24 of the 2000 Act
Section 24 of the 2000 Act provides that the Standards Commission, on receiving a report from the ESC about an investigation into a complaint about an employee or
ex officio
member of a devolved public body, shall send that report to the devolved public body. An
ex officio
member is one who is a member of a devolved public body by virtue of them holding an office in another organisation. Information outlining how the Standards Commission will normally proceed on receipt of such a report can be found in our
Section 24 Case Referrals Policy.
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Scottish Parliament
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EH99 1SP
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0131 348 6666
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