LOCAL DETERMINATION

LOCAL DETERMINATION

Simon Bird

Investigating Officers ReportsWhen and How to Refer to APESanctionsProposed Revisions to the Code

10’s REPORT

ImportanceContentStructure

Clarity of Reasoning

The Importance of Reasons

UnderstandingEngagementResolutionRationality

Reference to the APE

CriteriaWhenHow

Sanctions

AN ART NOT A SCIENCE

Aggravating Factors

Personal GainImproper use of office to benefit othersDishonestyIgnoring advicePersistent behaviourUnfairly blaming othersContinuing denial in the face of evidence

Mitigating Factors

Genuine mistakePrevious good record and compliance sinceActions affected by ill-healthRecognition of failureApologyRectificationSound Motive/Benefit to the public

Two Key Questions

Is this the most serious breach of its kind which we could consider as falling within the scope of our power of sanction?

If not, where does it fall in the range?

The Code – Proposed Revisions