PSOW Individual Decisions

The Ombudsman received a complaint that a Member (“the Member”) of the Brecon Beacons National Park Authority (“the Authority”) had breached the Authority’s Code of Conduct (“the Code”).  It was alleged that during 2 specific Authority meetings, the Member failed to treat a member of staff, an officer of the Authority, with respect and used bullying behaviour towards her. The Ombudsman’s investigation considered whether the Member’s conduct may have breached paragraphs 4(b), 4(c) and 6(1)(a) of the Code.  Information was obtained from the Authority, including relevant correspondence and emails.  A video recording and transcript of a relevant meeting was obtained.  Witness information was also obtained. The Ombudsman’s investigation found that, with regard to the first Authority meeting, the Member was frustrated with the way in which the meeting was administered.  The Member engaged in a robust discussion and voiced his concerns about the meeting’s administration.  The Ombudsman found that such criticism of ideas and opinions is considered part of democratic debate.  The Member’s comments were political in nature and therefore attracted enhanced protection under the ECHR.  The Ombudsman acknowledged that the member of staff may have been upset at the criticism of the way in which the meeting had been handled, but the Ombudsman did not consider there was evidence that the Member’s comments were personally or gratuitously offensive.  The Ombudsman found on the basis of the evidence and, in particular, the video recording of the first meeting, that the Member was not particularly forceful or aggressive, although it is clear he was frustrated.   The Ombudsman did not consider that the Member’s comments were sufficiently offensive, intimidating or insulting to amount to bullying or disrespectful behaviour within the meaning of the Code.  As a result, the Ombudsman was not persuaded that there was evidence to suggest a breach of paragraphs 4(b) or 4(c) of the Code. In rel

In 2019 Mr N complained to the Ombudsman about the Brecon Beacons National Park Authority’s (“the NPA”) delay in its response to his complaint, which had taken almost 3½ years to determine, and the actions taken by the NPA to implement the recommendations contained in the Monitoring Officer’s report of the investigation of the complaint. These included carrying out work to resurface a track and move/replace a cattle grid, as well as fencing on common land (which required the consent of the Welsh Government). The Ombudsman upheld Mr N’s complaint, and in the resulting report of 16 September 2019 made a number of recommendations intended to ensure that the actions were completed “as soon as reasonably practicable”, which the NPA agreed to implement. In September 2021 Mr N complained to the Ombudsman again about the lack of progress. The complaint was settled on the basis of the NPA agreeing to complete the work on the track and cattle grid by the end of March 2022, and to complete the fencing within 3 months of the Welsh Government’s consent for the work. By the end of October 2022, although work had been carried out, it had not been completed, and the application to the Welsh Government had “timed out” and needed to be re-submitted. Being dissatisfied that the NPA had not complied with the recommendations of the 2019 report or the terms of the settlement, the Ombudsman invoked her powers under section 28 to issue a Special Report. Although the Ombudsman understood that the NPA had at times found itself in a difficult position, the situation had been allowed to drift for far too long and it was wholly unacceptable that the matter had not been concluded. She recommended that the NPA, within 1 month: a) Issues a written apology to Mr N from the Chief Executive for the way in which the NPA has handled this matter. b) Pays Mr N the sum of £1000 in recognition of the time and trouble to which he has been put in pursuing his complaint. The Ombudsman also recommended that th

Mr N complained about the failure of the Authority to carry out works which it had agreed to do and which were the subject of a previous Ombudsman’s report. The works required planning permission, and permission from the Welsh Government to carry out work on common land. The Ombudsman’s enquiries of the Authority showed that, although there had been considerable delay on the part of the Authority, which he considered amounted to maladministration, the Authority had carried out a tender exercise for some of the works, and was awaiting consent from the Welsh Government for the remainder. The Authority agreed to complete the works included in the tender by the end of March 2022, and to complete the remainder of the works within 3 months of the Welsh Government issuing its consent for the work. The Ombudsman considered this to be a reasonable settlement of Mr N’s complaint.