The New End to End Process
So to summarise, my amended disciplinary process would work as follows:
1.
A complaint is made against a Labour Party member at either Constituency or National Level.
2.
The initial recipient of the complaint gives some thought as to whether an informal resolution
of the complaint is possible and appropriate.
3.
In the case of complaints made at national level, and assuming no such informal resolution,
the complaint is delegated to an appropriate member of Labour Party staff (at regional or
national level) who initiates an investigation with a view to determining whether any formal
charges should be presented to the NCC. Unless there are particular reasons for not so doing,
the member would be given notice of the fact and nature of the investigation into him or her
and the identity of the complainant.
4.
In the case of complaints or allegations at national level, if the relevant staff member (having
consulted General Counsel to the Labour Party) is of the view that interim suspension is
required, an urgent application (including the compelling reasons for such emergency relief) is
made to the NCC. I do not recommend the introduction of an equivalent power on the part of
CLP staff.
5.
The NCC (if necessary taking the advice of its Legal Panel) decides on any application for
emergency suspension (with or without publicity).
6.
An investigation ends with either the laying of charges to the NCC or no further action and
prompt notice to the subject of the investigation in either case.
7.
In the event of disciplinary charges being laid, a member of the NCC's Legal Panel is assigned to
the case in order to ensure that the requirements of natural justice and proportionality are
met by the NCC's consideration of it (including where any oral hearing is requested or
otherwise convened), and to provide any other legal input as requested by the NCC.
8.
In the event that the NCC finds that there has been a breach or the rules, it is to make use of a
wide and creative range of sanctions, having regard to the severity of the breach, its
persistence, the conduct of the individual both after the alleged breach was brought to his or
her attention, and any warnings or prior disciplinary sanctions to which he or she has been
subject.
9.
Where the NCC imposes a suspension or an exclusion, the individual is to have the right of
review on procedural and proportionality grounds, such review to be determined by the Legal
Panel, which if it considers any such grounds have been made out, will remit the matter to the
NCC for a fresh determination as the case requires in accordance with point 7 above.
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