NALC warns draft code guidance fails to reflect councils of all sizes

We have called for a nationally produced model officer code of conduct for parish and town councils, warning that draft guidance must better reflect the size and governance arrangements of the sector.

Responding to an informal consultation by the Ethics and Integrity Commission (EIC), we supported the principle of an officer code for parish and town councils as public authorities. However, we said the current draft guidance was not sufficiently tailored to the thousands of councils that employ only one, often part-time, member of staff or have small teams.

We argued that expecting around 10,000 parish and town councils to develop individual codes from scratch would be neither proportionate nor practical. A single national model code, supported by guidance that allows for proportionate local application, would reduce duplication, improve consistency and help councils embed good practice.

We called for clear timescales for developing a model officer code, aligned with progress towards a national councillor code of conduct. We highlighted the government's commitment to a single nationally produced model code for councillors in the English Devolution White Paper, while noting the lack of progress on the necessary legislation. This echoed the EIC's concerns about the delay in standards reform and the impact poor behaviour can have on councillor and officer wellbeing and public trust.

We welcomed the draft guidance's emphasis on ethical leadership, psychological safety, speaking up and learning from mistakes. However, the final version must better recognise the realities of smaller parish and town councils and the role councillors, alongside staff, should play in developing and embedding ethical standards.

We stressed that an officer code should strengthen ethical culture, organisational integrity and professional standards, rather than create an additional disciplinary framework for matters already covered by employment contracts and existing grievance, disciplinary and whistleblowing procedures.

We also called for the EIC to draw on the experience of the 3,000 community and town councils in Wales, which have operated under officer code of conduct arrangements since 2001. The resulting framework should be clear, principles-based and written in plain English, with expectations that can be applied proportionately across councils of different sizes.

Importantly, the code must distinguish serious misconduct from good-faith professional judgement, honest mistakes, lawful challenge and the proper exercise of statutory responsibilities. Officers must be able to give candid professional advice without fear that disagreement or challenge will be treated as misconduct.

We would welcome the opportunity to work with the EIC and the Society of Local Council Clerks to develop a practical model code that reflects the needs of parish and town councils.