Plans for stronger provisions to protect councillor free speech suggested as part of constitution review

Changes to the council's constitution, including a bid to put in place stronger free speech protections for councillors and members of staff, will be debated by the authority next week.

Nadia Lincoln Local Democracy Reporter | Friday 29th May 2026 4:53pm

West Northamptonshire Council (WNC) received requests to undertake a full review of its Constitution following the local elections in May 2025. The proposed changes will go to the Democracy and Standards Committee next Wednesday (June 3) to be scrutinised before going to full council for approval.

One suggestion from the chair of the task and finish group, Cllr Ian McCord (Independent, Deanshanger and Paulerspury), proposes adding a line to the Members' Code of Conduct stating that: "The right to freedom of speech within the law is a fundamental principle of democracy and will be upheld at all times. There is no right not to be offended by lawful speech."

It adds that, in considering any code of conduct complaints, "lawful political speech, including speech that may be offensive or controversial to some, will not in itself amount to a breach of this code".

According to the annual report of the Democracy and Standards Committee, there were almost 80 complaints lodged against WNC and town and parish councillors throughout the 2025/26 year. It was also noted that complaints in 2024 had mainly related to disrespect, while those in 2025 more frequently involved social media.

In total, the council recorded three cases where the member was given civility and respect training, three were given social media training, three were given 'words of advice' or told to apologise, and one was referred to an investigation.

According to the council report, “a range of views” were aired by the panel surrounding the freedom of speech additions.

The members in favour of the changes cited the potential ‘chilling’ effect of complaints on members' freedom of expression. Others raised concerns that the amendments could result in council resources being used as a "platform for offensive or inflammatory speech that is otherwise lawful, but currently contrary to the Code of Conduct".

The monitoring officer also expressed concern that it could restrain them from using their discretion when dealing with Code of Conduct matters.

Ultimately, the task and finish group was unable to reach a consensus on the matter and it has not been recommended as part of the changes. However, it is noted in the report and could still be included in the Constitution if the Democracy and Standards Committee decide to add it as an amendment at their meeting next week.

The membership of the task and finish group was made up of two members of each political group on the council and one independent councillor.

The move to create the focus group followed a set of earlier proposed amendments to the constitution in November last year, which included a proposal from the leader of WNC to create an item of ‘priority administration business’ at the outset of every full council meeting.

At the time, the opposition branded the move as “showboating” and “shutting down local democracy”. It was proposed that the matter be deferred to be included in the review of the Constitution, however it has not since appeared in the newest task and finish group proposals.

Other changes set out include changing the process for approving absences for councillors. Any councillor who does not attend meetings for a period of six consecutive months is automatically removed from their position.

To prevent disqualification, the councillor must request and be granted an extension of absence before their time runs out. Currently, this must be taken to a meeting of full council and voted on for approval. However, under the new recommendations, the monitoring officer would instead be able to grant absences of up to 12-months, subject to consultation with one of the council’s independent persons.

Any approved absences would then be reported to the next full council meeting, however there will be no debate allowed. Members taking parental leave up to their child’s first birthday would also be offered the same approval process.

This follows concerns raised in full council earlier this year, when Cllr Jeffrey Johnson (Reform UK, Blackthorn and Rectory Farm) was granted a six-month leave of absence, that people's health shouldn't have to be subject to scrutiny in such a public forum.

Further additions to the Constitution include changes to the planning protocol to add lay out requirements for planning officer reports to ensure reports are "objectively balanced in nature" and procedures to be followed when members vote contrary to officer advice.

The scrutiny committee will consider whether to recommend the set of changes for approval at the next full council meeting on June 25, 2026.

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