PSOW Individual Decisions

We received a complaint that a Member (“the Member”) of Abertillery & Llanhilleth Community Council (“the Council”) breached the Code of Conduct (“the Code”). The Complainant, a fellow councillor, was concerned about various contacts the Member had made with members of the community in which it was alleged that the Member implied impropriety on the part of the Council and fellow councillors to others.  The Complainant was concerned that the Member had therefore failed to treat others with consideration and respect by making unfounded suggestions to community members.  In addition the Complainant was concerned that by suggesting wrongdoing at the Council, the Member brought the Council into disrepute.  It was also alleged that the Member implied members of the community were involved in some wrongdoing connected with the Council. We gathered information from the Complainant, some witnesses to events and from the Member.  Overall, it appeared that the member had made some unnecessary and unwarranted remarks which were not in keeping with the standards expected of councillors as leaders in the community.  While the Member had a right, under Article 10 of the European Convention of Human Rights, to hold opinions and express criticisms, even if controversial, this right was not absolute and had to be balanced with the rights of others to their reputations and to be protected from unwarranted criticisms and to protect public confidence in democratic institutions. Overall, we considered there was some evidence to suggest the Member had been talking to members of the community suggesting wrongdoing at the Council, when there did not appear to be any strong legitimate basis for such suggestions.  We considered such behaviour was suggestive of conduct which may be capable of bringing the Council into disrepute contrary to Paragraph 6(1)(a) of the Code and suggestive of a failure to treat his fellow colleagues with consideration and respect, in breach of paragraph 4(b) of the

The Ombudsman received a complaint that a Member (“the Member”) of  Abertillery & Llanhilleth Community Council (“the Council”) had breached the Code of Conduct. It was alleged that the Member bullied and harassed officers of the Council by: Making false, unfounded and malicious complaints against the officers; Making false statements in Council meetings and in emails sent and documents shared, when acting in his capacity as member; Misusing his position to gain access to personal information and documents. It was also alleged that the Member: Disclosed confidential information to Council members and to members of the public; and Failed to disclose a personal and prejudicial interest in Council meetings. Information was obtained during the investigation from the Council and Audit Wales.  Witnesses, including the Complainant, were interviewed.  The Member was also interviewed. The nature of the allegations made against the Member are serious; overall he engaged in persistent disrespectful behaviour over a prolonged period, which ultimately led to an accusation which was suggestive of impropriety on the part of officers of the Council. It was considered that the Member’s disrespectful conduct likely impacted the officers involved in the preparation of the accounts, as well as the Council and Audit Wales, and that the Member’s irresponsible use of language towards officers on one occasion demonstrated conduct which went beyond what might be regarded as a reasonable challenge, to the extent it is suggestive of a breach of paragraph 4(b) of the Code. There was however no evidence to suggest that the Member personally gained from any of his actions, and he did not obviously misuse his position for his personal gain. Historically, the Council had a poor record relating to its financial management and Audit Wales identified several issues relating to the accounts that the Member was concerned about.  Whilst this does not justify the way the Member chose to raise his concern

The Ombudsman received a complaint from a Member of Abertillery & Llanhilleth Community Council (“the Council”) against a fellow Member (at that time) (“the Former Member”).  It was alleged that the Former Member had failed to appropriately declare an interest in Human Resources (“HR”) matters relating to the Former Clerk to the Council and had improperly gained an advantage for himself. The investigation found that the Former Member, following receipt of incorrect advice from the Council’s Deputy Clerk, had failed to declare a personal or prejudicial interest in HR matters relating to the Former Clerk, despite there being an ongoing Ombudsman investigation at the time of a complaint against the Former Member by the Former Clerk.  The Former Member voted on a settlement agreement between the Council and the Former Clerk. The investigation concluded that the Former Member should have declared a personal and prejudicial interest in matters relating to the Former Clerk, given the ongoing investigation.  The failure to do so was suggestive of a breach of paragraphs 11 and 14 of the Code of Conduct. The investigation did not find that the Former Member’s failure to declare a personal or prejudicial interest directly led to an advantage being gained for himself.  The investigation also found that the evidence did not support a finding of “disrepute” in breach of paragraph 6(1)(a) of the Code of Conduct.  The Former Member’s actions were strongly mitigated by the incorrect advice he received in relation to his duty to play no part in the decision.  Also, there was no direct evidence that his actions caused an advantage for himself, and the agreement would have been approved even if the Former Member had not played a part in the meeting.  It was therefore concluded that no further action was necessary. A recommendation was made to the Council for members and staff to receive training on the Code of Conduct, particularly in relation to personal and prejudicial interests, as

The Ombudsman received a complaint that a Former Member of Abertillery & Llanhilleth Community Council (“the Council”) had failed to appropriately declare an interest in Human Resources (“HR”) matters relating to the Former Clerk to the Council and had improperly gained an advantage for himself.  During the course of that investigation, the Ombudsman considered that another member of the Council (“the Member”) may also have breached the Code of Conduct, so an investigation into the actions of the Member was commenced. The investigation found that the Member, following receipt of incorrect advice from the Council’s Deputy Clerk, had failed to declare a personal or prejudicial interest in HR matters relating to the Former Clerk, despite there being an ongoing Ombudsman investigation at the time into a complaint made against the Member by the Former Clerk.  The Member voted on a settlement agreement between the Council and the Former Clerk. The investigation concluded that the Member should have declared a personal and prejudicial interest in matters relating to the Former Clerk, given the ongoing investigation.  The failure to do so was suggestive of a breach of paragraphs 11 and 14 of the Code of Conduct. The investigation did not find that the Member’s failure to declare a personal or prejudicial interest directly led to an advantage being gained for himself.  The investigation also found that the evidence did not support a finding of ‘disrepute’ in breach of paragraph 6(1)(a) of the Code. The Member’s actions were strongly mitigated by the incorrect advice he received in relation to his duty to play no part in the decision.  Also, there was no direct evidence that his actions caused an advantage for himself, and the agreement would have been approved even if the Member had not played a part in the meeting.  It was therefore concluded that no further action was necessary. A recommendation was made to the Council for members and staff to receive training on the Code

The Ombudsman’s office received a complaint that a Member (“the Member”) of Abertillery & Llanhilleth Community Council (“the Council”) had breached the Code of Conduct.  It was alleged that the Member had signed documents which resulted in excessive gratuity payments being made to the Council’s Former Clerk and Former Secretary, and that the Member failed to declare interests relating to the Former Clerk and the overpayments. The investigation considered whether the Member failed to comply with the following provisions of the Code of Conduct: 6(1)(a) – Members must not conduct themselves in a manner which could reasonably be regarded as bringing their office or authority into disrepute. 7(a) – Members must not in their official capacity or otherwise, use or attempt to use their position improperly to confer on or secure for themselves, or any other person, an advantage or create or avoid for themselves, or any other person, a disadvantage. 7(b) – Members must not use, or authorise others to use, the resources of their authority: imprudently in breach of their authority’s requirements unlawfully 11(1) – Where a Member has a personal interest in any business of their authority and they attend a meeting at which that business is considered, they must disclose orally to that meeting the existence and nature of that interest before or at the commencement of that consideration, or when the interest becomes apparent. 14(1)(a) – Where a Member has a prejudicial interest in any business of their authority they must, unless they have obtained a dispensation from their authority’s Standards Committee, withdraw from the room, chamber or place where a meeting considering the business is being held. 14(1)(c) – Where a Member has a prejudicial interest in any business of their authority they must, unless they have obtained a dispensation from their authority’s Standards Committee, not seek to influence a decision about that business. 14(1)(d) – Where a Member has a prejudicial in

Mr T complained that Abertillety & Llanhilleth Community Council had failed to provide a response to the complaint he made in September 2022 about the lack of floral planters and hanging baskets. The Ombudsman decided that the Community Council had failed to provide a complaint response. She said this caused frustration for Mr T. She decided to settle the complaint without an investigation. The Ombudsman sought and gained the Community Council’s agreement to apologise to Mr T, provide an explanation for the delay and issue a complaint response within 2 weeks.

The Ombudsman received a complaint that a Member (“the Member”) of Abertillery & Llanhilleth Community Council (“the Council”) had breached the Code of Conduct. It was alleged that the Member had shown a disregard for the principle of equality, by making comments about another member’s hearing impairment and deliberately making it difficult for that member to participate in Council meetings. The investigation considered whether the Member failed to comply with the following provisions of the Code of Conduct: 4(a) – members must carry out their duties and responsibilities with due regard to the principle that there should be equality of opportunity for all people, regardless of their gender, race, disability, sexual orientation, age or religion. 4(b) – members must show respect and consideration for others. 4(c) – members must not use bullying behaviour or harass any person. During the investigation, it became apparent that the Member may have failed to comply with paragraphs 6(1)(a) (members must not conduct themselves in a manner which could reasonably be regarded as bringing their office or authority into disrepute) and 6(2) of the Code of Conduct (members must comply with any request by the Ombudsman in connection with an investigation conducted in accordance with his statutory powers). Five witnesses were interviewed during the investigation: all were members of the Council.  The investigation found that the evidence suggested that the Member had directly discriminated against another member by making discriminatory remarks about her disability during and immediately after a Council meeting on 30 October 2019, and by deliberately making it difficult for her to participate at Council meetings.  The Ombudsman concluded that the Member’s behaviour was suggestive of a serious breach of paragraph 4(a) of the Code of Conduct. The Ombudsman considered that the Member’s comments about the other member’s disability were a clear attempt to intimidate and undermine her.  H

The Ombudsman’s office received a complaint that a Member (“the Member”) of Abertillery & Llanhilleth Community Council (“the Council”) had breached the Code of Conduct. It was alleged that the Member had signed documents which resulted in excessive gratuity payments being made to the Council’s Former Clerk and Former Secretary, and that the Member failed to declare interests relating to the Former Clerk and the overpayments. The investigation considered whether the Member failed to comply with the following provisions of the Code of Conduct: 6(1)(a) – Members must not conduct themselves in a manner which could reasonably be regarded as bringing their office or authority into disrepute. 7(a) – Members must not in their official capacity or otherwise, use or attempt to use their position improperly to confer on or secure for themselves, or any other person, an advantage or create or avoid for themselves, or any other person, a disadvantage. 7(b) – Members must not use, or authorise others to use, the resources of their authority: (i) imprudently (ii) in breach of their authority’s requirements (iii) unlawfully 11(1) – Where a Member has a personal interest in any business of their authority and they attend a meeting at which that business is considered, they must disclose orally to that meeting the existence and nature of that interest before or at the commencement of that consideration, or when the interest becomes apparent. 14(1)(a) – Where a Member has a prejudicial interest in any business of their authority they must, unless they have obtained a dispensation from their authority’s Standards Committee, withdraw from the room, chamber or place where a meeting considering the business is being held. 14(1)(c) – Where a Member has a prejudicial interest in any business of their authority they must, unless they have obtained a dispensation from their authority’s Standards Committee, not seek to influence a decision about that business. 14(1)(d) – Where a Member has a