PSOW Individual Decisions

In December 2018, the Ombudsman’s office received a complaint from the Monitoring Officer of the Vale of Glamorgan Council that the Former Member (who was still a member of both town and county Councils at the time) had been charged with historic sexual offences and, as such, may have brought both his Councils and his office as a councillor into disrepute. The Former Member was found guilty. He was sentenced to 7 years imprisonment. Section 80A of the Local Government Act 1972 provides that a person shall be disqualified from being elected or being a member of a local authority in Wales if a person has been convicted of a criminal offence and has been sentenced to imprisonment (whether suspended or not) of 3 months or more. The Former Member has automatically been disqualified from being a member of any Authority in Wales under the above provision. As the maximum period of disqualification which is available to the Adjudication Panel for Wales has already been imposed there is no benefit from continuing the investigation. Therefore it was discontinued.

In December 2018, the Ombudsman’s office received a complaint from the Monitoring Officer of the Vale of Glamorgan Council that the Former Member (who was still a member of both town and county Councils at the time) had been charged with historic sexual offences and, as such, may have brought both his Councils and his office as a councillor into disrepute. The Former Member was found guilty. He was sentenced to 7 years imprisonment. Section 80A of the Local Government Act 1972 provides that a person shall be disqualified from being elected or being a member of a local authority in Wales if a person has been convicted of a criminal offence and has been sentenced to imprisonment (whether suspended or not) of 3 months or more. The Former Member has automatically been disqualified from being a member of any Authority in Wales under the above provision. As the maximum period of disqualification which is available to the Adjudication Panel for Wales has already been imposed there is no benefit from continuing the investigation. Therefore it was discontinued.

In December 2018, the Ombudsman’s office received a complaint from the Monitoring Officer of the Vale of Glamorgan Council that the Former Member (who was still a member of both town and county Councils at the time) had been charged with historic sexual offences and, as such, may have brought both his Councils and his office as a councillor into disrepute. The Former Member was found guilty. He was sentenced to 7 years imprisonment. Section 80A of the Local Government Act 1972 provides that a person shall be disqualified from being elected or being a member of a local authority in Wales if a person has been convicted of a criminal offence and has been sentenced to imprisonment (whether suspended or not) of 3 months or more. The Former Member has automatically been disqualified from being a member of any Authority in Wales under the above provision. As the maximum period of disqualification which is available to the Adjudication Panel for Wales has already been imposed there is no benefit from continuing the investigation. Therefore it was discontinued.

In December 2018, the Ombudsman’s office received a complaint from the Monitoring Officer of the Vale of Glamorgan Council that the Former Member (who was still a member of both town and county Councils at the time) had been charged with historic sexual offences and, as such, may have brought both his Councils and his office as a councillor into disrepute. The Former Member was found guilty. He was sentenced to 7 years imprisonment. Section 80A of the Local Government Act 1972 provides that a person shall be disqualified from being elected or being a member of a local authority in Wales if a person has been convicted of a criminal offence and has been sentenced to imprisonment (whether suspended or not) of 3 months or more. The Former Member has automatically been disqualified from being a member of any Authority in Wales under the above provision. As the maximum period of disqualification which is available to the Adjudication Panel for Wales has already been imposed there is no benefit from continuing the investigation. Therefore it was discontinued.

Mr X said that the Council told him that his mother could be buried in the same grave as his father. However, on the day before his mother’s funeral, he was advised this was not possible and he had to make alternative arrangements. The Ombudsman found that the Council had made an administrative error when it advised Mr X that his mother could be buried in the same grave. The Council had apologised and had taken appropriate action to avoid a recurrence. Given the impact of this error on Mr X, it also agreed to write to him within 20 working days to offer to: 1. Pay any additional storage costs for his mother’s headstone, should it not be able to be replaced within the original 6 month period expected. 2. Waive the Council’s fees for exhumation of his parents. 3. Waive the Council’s fees for a second burial of his parents. 4. Refund Mr X the additional charge for the new grave, should it be possible for a grave to be reclaimed by the Council. The Council supplied evidence to suggest that Mr X’s father’s grave was dug to a 1 grave depth on the request of the Funeral Directors. The Ombudsman therefore found that the Council’s actions had been reasonable in that respect.

The Ombudsman received a complaint that a Member (“the Member”) of Vale of Glamorgan Council (“the Council”) and Barry Town Council (“the Town Council”), and the Council’s Planning Committee, had breached the Code of Conduct for Members by opening a coffee shop and wine bar without the correct change of use planning permission being in place. The Ombudsman’s investigation found that the Member had been a joint director of the coffee shop and wine bar, and the business had opened before the Member’s change of use planning application was decided (in breach of planning control). The Ombudsman’s investigation also found that when a potential breach of the Code of Conduct regarding the situation was brought to the Member’s attention, the Member immediately resigned as a director and had no further involvement in the business. The Ombudsman concluded that, as a member of the Council’s Planning Committee, the Member had sufficient knowledge of relevant planning matters to understand the importance of adhering to planning regulations, and the Member should have considered his position, and sought advice about his role, before opening the business without correct planning permission. The Ombudsman found that the Member’s conduct could reasonably be regarded as behaviour which might bring the office of Member of the Council into disrepute and was therefore suggestive of a breach of 6(1)(a) of the Code of Conduct. The Ombudsman referred his investigation report to the Monitoring Officer of Vale of Glamorgan Council for consideration by its Standards Committee. The Standards Committee of Vale of Glamorgan Council determined that the Member had breached 6(1)(a) of the Code of Conduct and suspended him for 1 month.

The Ombudsman received a complaint that a Member (“the Member”) of Vale of Glamorgan Council (“the Council”) and Barry Town Council (“the Town Council”), and the Council’s Planning Committee, had breached the Code of Conduct for Members by opening a coffee shop and wine bar without the correct change of use planning permission being in place. The Ombudsman’s investigation found that the Member had been a joint director of the coffee shop and wine bar, and the business had opened before the Member’s change of use planning application was decided (in breach of planning control). The Ombudsman’s investigation also found that when a potential breach of the Code of Conduct regarding the situation was brought to the Member’s attention, the Member immediately resigned as a director and had no further involvement in the business. The Ombudsman concluded that, as a member of the Council’s Planning Committee, the Member had sufficient knowledge of relevant planning matters to understand the importance of adhering to planning regulations, and the Member should have considered his position, and sought advice about his role, before opening the business without correct planning permission. The Ombudsman found that the Member’s conduct could reasonably be regarded as behaviour which might bring the office of Member of the Council into disrepute and was therefore suggestive of a breach of 6(1)(a) of the Code of Conduct. The Ombudsman referred his investigation report to the Monitoring Officer of Vale of Glamorgan Council for consideration by its Standards Committee. The Standards Committee of Vale of Glamorgan Council determined that the Member had breached 6(1)(a) of the Code of Conduct and suspended him for 1 month.