Bridgend County Borough Council/Porthcawl Town Council (PSOW-202307277/202307318)
Local Government
Not Upheld
The Ombudsman received a complaint that a Member (“the Member”) of Bridgend County Borough Council (“the County Council”) and Porthcawl Town Council (“the Town Council”) had breached the Code of Conduct (“the Code”) by failing to declare an interest. It was alleged that the Member had failed to declare a personal and / or prejudicial interest at 3 full Town Council meetings where actions were agreed in relation to an approval, consent, licence, permission or registration.
The Code, at paragraph 11(1), requires members to declare personal interests. At paragraph 12, the Code requires members to consider whether a personal interest might also be a prejudicial interest. A member must consider whether a member of the public, who knew all the relevant facts, would think the personal interest was so significant that it would likely prejudice the member’s judgement.
Paragraph 12(2)(a)(i) says there is an exemption from declaring a prejudicial interest in any business where it relates to another relevant authority of which they are a member. However, paragraph 12(3) says the exemption ceases to apply where the business relates to the determination of any approval, consent, licence, permission or registration.
Information was obtained from the County Council and the Town Council, including emails, minutes of meetings and documents related to Griffin Park. The Member and Complainant provided information by email and also spoke to the Investigating Officer by telephone.
The Ombudsman noted the agenda and minutes of the 3 meetings showed there were agenda items related to an approval to go ahead with a transfer, the termination of a lease and the renewal of a lease. This suggested that an exemption under paragraph 12(2)(a)(i) did not apply for these items and that the Member should have declared a prejudicial interest. The Member did not do so. The Member also did not declare a personal interest for 1 of these items.
The meeting minutes recorded that the Member remained