Relevant independent person's panel
Where the proposal is dismissal, the monitoring officer will make arrangements for the relevant independent person's panel to review the case and recommendations.
The panel must include at least two independent persons. They must be defined in the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 as persons appointed under Section 28(7) of the Localism Act 2011.
The panel will receive:
- the proposal to dismiss from the chair of the disciplinary sub-committee
- the report from the independent investigator
- any oral and written representations made by the statutory officer
We may invite an independent investigator to attend to provide clarification if required.
The panel is at liberty to ask questions of either party.
The panel will then forward any advice, views or recommendations to the council. If the panel recommends an action other than that we should approve the dismissal, it must give clear reasons.
Role of the council
Where there is a proposal to dismiss the statutory officer, we must approve the dismissal before we issue a notice of dismissal.
We will therefore consider the recommendation made by the relevant independent person's panel.
This is not a full re-hearing of the case, but consideration by the council will include a review of:
- the case and the proposal to dismiss
- any advice, views or recommendations of the panel
The statutory officer may attend and be accompanied by their representative. This will enable them to put forward their case before we reach a decision.
We may reject the proposal to dismiss. We will then refer the case back to the disciplinary sub-committee for consideration of a lesser sanction.
Referrals to DBS and other organisations
We have a duty to refer information to the Disclosure and Barring Service (DBS) where we:
- have removed an individual from working or volunteering
- have concerns about an individual's contact with children or vulnerable adults
We may refer to other professional bodies the circumstances of a case (for example, the teaching agency or health care professions council).