Parish Council Code of Conduct: The Complete Clerk's Guide

Your council needs a code of conduct. The Localism Act 2011 says so — sections 27 and 28 require every parish council to adopt a code dealing with the conduct expected of councillors when acting in that capacity. But searching for "parish council code of conduct" returns the LGA template text, individual council adoption documents, and not much else. What clerks actually need is a practical guide to adopting, implementing, and managing the code. That is what this post covers.

What the law requires

Section 27 of the Localism Act 2011 places a duty on every relevant authority — including parish and town councils — to promote and maintain high standards of conduct by members. The Act specifically requires councils to adopt a code of conduct.

Parish councils have a shortcut: they can adopt the code already adopted by their principal authority (the district, borough, or unitary council) rather than drafting their own. Most do exactly this, since the principal authority's code will already meet the statutory requirements.

Section 28 sets out what the code must contain:

• It must be consistent with the seven Nolan Principles: selflessness, integrity, objectivity, accountability, openness, honesty, and leadership
• It must include provisions for registering and disclosing pecuniary interests (financial interests) and other interests
• Breaches are handled through the principal authority's standards arrangements, not by the parish council itself

The old Parish Councils (Model Code of Conduct) Order 2001 (SI 2001/3576) prescribed a mandatory model code. The Localism Act 2011 replaced that rigid approach — councils now choose which code to adopt, provided it meets the statutory requirements.

The LGA Model Councillor Code of Conduct 2020

Most parish councils adopt the LGA Model Councillor Code of Conduct, published by the Local Government Association in 2020 and updated in January 2021. NALC (the National Association of Local Councils) has published guidance specifically for parish and town councils on adapting this model code.

The LGA Model Code covers:

1. General conduct obligations — treating people with respect, not bullying or harassing, not bringing the council into disrepute, using council resources appropriately
2. Interests — registering disclosable pecuniary interests (DPIs) within 28 days of election, declaring interests at meetings, withdrawing from discussion and voting where you have a DPI in the matter
3. Gifts and hospitality — registering gifts or hospitality worth £50 or more
4. Complaints and breaches — how allegations of code breaches are investigated

The code applies whenever a councillor is acting in their capacity as a councillor — at meetings, representing the council externally, or using council resources. It does not regulate councillors' private lives.

How to adopt the code: step by step

If your council hasn't adopted a code yet, or is updating from an older version, here is the process:

1. Obtain the code text. Download the LGA Model Code from the LGA website, or request your principal authority's adopted version. Your county or district association of local councils (e.g., DALC, CALC, SALC) will often have a parish-specific version available.

2. Review at a council meeting. The adoption of a code of conduct must be resolved at a properly convened council meeting — it cannot be delegated to a committee or decided by the clerk alone. Agenda the item as a substantive agenda item, not under AOB.

3. Resolve to adopt. The council passes a resolution to adopt the code. The minutes should record the full title of the code adopted and the date of adoption. A typical resolution: "Resolved: that the council adopts the LGA Model Councillor Code of Conduct 2020 (as updated January 2021) with effect from [date]."

4. Notify the monitoring officer. Under section 27(7) of the Localism Act, the parish council must notify its principal authority's monitoring officer when it adopts or revises a code of conduct. The monitoring officer maintains the register of interests and handles complaints — they need to know which code applies to your council.

5. Publish the code. Place the adopted code on your council website, include it in your publication scheme, and make it available for inspection at reasonable hours. This is both a Transparency Code obligation and good practice.

6. Distribute to councillors. Every sitting councillor should receive a copy. New councillors must receive the code as part of their induction and sign a declaration that they have read and understood it. Keep a record of who has received and acknowledged the code.

Register of interests

Within 28 days of being elected or co-opted, every councillor must complete a register of interests form and submit it to the monitoring officer. This register is published on the principal authority's website (and usually linked from the parish council website).

Disclosable pecuniary interests (DPIs) include:

• Employment, office, trade, profession or vocation — any paid role the councillor or their spouse/partner holds
• Sponsorship — any payment or financial benefit toward election expenses or council duties
• Contracts — any contract between the council and the councillor (or their spouse/partner) for goods, services, or works
• Land — any land in the council's area that the councillor or their spouse/partner has an interest in
• Licences — any licence to occupy land in the council's area
• Corporate tenancies — tenancies where the council is landlord and the councillor (or connected company) is tenant
• Securities — beneficial interests in securities of a body that has a place of business or land in the council's area

The clerk's compliance task: maintain a list of which councillors have submitted their register forms and when. Chase up any that are outstanding — failure to register is a criminal offence under section 34 of the Localism Act, punishable by an unlimited fine (level 5 on the standard scale) and disqualification from office for up to five years.

Declaring interests at meetings

When a matter comes before the council in which a councillor has a registered DPI, they must:

1. Declare the interest at the start of the item (or as soon as they become aware)
2. Not participate in the discussion
3. Not vote on the matter
4. Leave the room during the discussion and vote (unless a dispensation has been granted)

For non-DPI interests, the approach depends on the code your council has adopted. The LGA Model Code distinguishes between "other registrable interests" (which require declaration and withdrawal in some circumstances) and simple personal interests (which require declaration but allow continued participation).

Clerk's role at meetings: When a councillor declares an interest, record the declaration in the minutes including the nature of the interest and whether they withdrew. If you know a councillor has a relevant interest but they have not declared it, you can draw their attention to their obligations — though the responsibility to declare lies with the councillor, not the clerk.

Handling complaints about councillor conduct

When someone believes a councillor has breached the code of conduct, the complaint goes to the principal authority's monitoring officer — not to the parish council. This is a common point of confusion.

The process typically follows these steps:

1. Complaint submitted to the monitoring officer, usually in writing
2. Initial assessment — the monitoring officer decides whether to investigate, sometimes consulting an independent person
3. Investigation (if warranted) — the monitoring officer or their delegate investigates and produces a report
4. Standards hearing — if a breach is found, the principal authority's standards committee (or sub-committee) holds a hearing
5. Sanctions — if a breach is upheld, sanctions can include a formal censure, removal from committees, or a recommendation to apologise. Parish councillors cannot be suspended or removed from office for code breaches — there is currently no statutory power to do so

What the clerk should do when a complaint is received:

• If someone contacts the parish council directly with a complaint about a councillor, explain that complaints must be submitted to the principal authority's monitoring officer and provide the monitoring officer's contact details
• Do not investigate the complaint yourself
• Do not discuss the substance of the complaint with other councillors beyond what is necessary
• Keep a record that the complaint was received and that the complainant was directed to the monitoring officer

A detailed walkthrough of the complaints procedure is covered in a separate guide — check our blog for the latest posts on parish council governance.

Keeping the code current

The code of conduct is not a one-time adoption. Clerks should schedule regular reviews:

• Annual review: Check whether your principal authority has updated its code. If they have, consider whether your council should adopt the updated version. Agenda this as a routine item at the annual meeting of the council (the May meeting).
• After elections: Following ordinary elections (every four years) or by-elections, ensure all newly elected councillors receive the code, sign the declaration, and complete their register of interests within 28 days.
• Legislative changes: Parliament has debated strengthening councillor conduct rules (including a possible power to suspend councillors for code breaches). Monitor NALC and SLCC bulletins for changes.
• Councillor reminders: At least annually, remind councillors to check whether their register of interests is up to date. Life circumstances change — new jobs, property purchases, and directorships all trigger registration obligations.

Compliance tracking checklist

Use this to check your council's code of conduct compliance:

• Code of conduct formally adopted by resolution at a council meeting
• Monitoring officer notified of adoption
• Code published on council website and available for inspection
• All councillors received a copy and signed a declaration
• All councillors registered their interests within 28 days of election
• Register of interests accessible via principal authority website
• Gifts and hospitality register maintained (threshold: £50)
• Declarations of interest recorded in meeting minutes
• Annual review of code scheduled
• Complaints procedure understood and monitoring officer contact details accessible

Use the free compliance checklist tool to self-assess your council's code of conduct compliance alongside every other AGAR governance assertion.

Sources

• Localism Act 2011, Section 27 — Duty to promote and maintain high standards of conduct
• Localism Act 2011, Section 28 — Codes of conduct
• LGA Model Councillor Code of Conduct 2020

This article is for general guidance only and does not constitute legal advice. Parish councils should consult their principal authority's monitoring officer for specific questions about code of conduct obligations.