PSOW Individual Decisions

The Ombudsman received a complaint that a Former Member (“the Former Member”) of Tywyn Town Council (“the Council”) had breached the Code of Conduct.) by failing to declare an interest in respect of a series of Council meetings that considered a Trust (“the Trust”). The Ombudsman determined that investigation was appropriate and that paragraphs 10(1), 10(2), 11(1), 11(2), 12(1), 12(2) and 14(1) should be considered. Information was obtained from the Council, including minutes of the relevant meetings.  Witnesses, including the complainant, were interviewed and provided written submissions.  The Former Member was interviewed. The investigation found that in respect of a number of Council meetings, the Former Member did not declare an interest and took part in discussions and voting in matters to which he had a prejudicial interest.  The investigation found however, that there was mitigation on the part of the Former Member given the complexities of the situation.  Significantly, the Member had been voted by his fellow councillors to act as the Council’s representative for the Trust and had done so for a number of years without any concerns being raised.   The Former Member resigned during the course of the investigation.  When weighing up these factors, the Ombudsman considered that making a referral was not proportionate.  However, she noted that the decision would be held on record and should the Former Member return to office, it will be taken into account in any future cases which the Ombudsman may consider, should future complaints be received.

The Ombudsman received a complaint that a Member (“the Member”) of Tywyn Town Council (“the Council”) had breached the Code of Conduct (“the Code”) by failing to declare an interest in respect of a series of Council meetings that considered a Trust (“the Trust”). The Ombudsman determined that investigation was appropriate and that paragraphs 10(1), 10(2), 11(1), 11(2), 12(1), 12(2) and 14(1) of the Code should be considered. Information was obtained from the Council, including minutes of the relevant meetings.  Witnesses, including the complainant, were interviewed and provided written submissions.  The Member was interviewed. The investigation found that in respect of a number of Council meetings, the Member did not declare an interest and took part in discussions and voting in matters to which she had a prejudicial interest.  The Ombudsman considered that the Member showed contrition and expressed remorse if she was wrong not to have declared an interest which showed reflection and learning on the part of the Member.  The Ombudsman considered, on balance, that a referral was not proportionate.  However, the Ombudsman considered that the Member should undertake training on the Code with particular attention to personal and prejudicial interests.  The Ombudsman recommended that the Member undertakes such training within 3 months.

The Ombudsman received a complaint from a Member (“the Complainant”) of Tywyn Town Council (“the Town Council”), that a Former Member of the Town Council had failed to observe the Code of Conduct for Members. It was alleged that the Former Member had made false allegations about the Former Clerk and other Members of the Town Council, and undermined and disparaged the Former Clerk at Town Council meetings. The investigation considered whether the Former Member’s alleged conduct suggested a failure to show respect and consideration for others, and bullying and harassing behaviour, which brought the Former Member and the Town Council into disrepute. The Ombudsman obtained information from the Monitoring Officer of Gwynedd Council (“the Council”), the Town Council, witnesses and the Former Member. During the investigation several attempts were made to obtain a formal statement from the Complainant without success. The Ombudsman’s investigation considered that although the Former Member resigned from the Town Council during the investigation, the Former Member had remained a Member of the Council and stood for re-election to the Council. However, ultimately, the Former Member was not returned by the local electorate and was therefore no longer a Member at Town or County level. As a result, the Ombudsman was no longer satisfied that an investigation into the complaint was in the public interest, and it was decided to discontinue the investigation.

The Ombudsman received a complaint from the Chair of the Personnel Committee of Tywyn Town Council (“the Council”) that a Member (“the Member”) of the Council had failed to observe the Council’s Code of Conduct for Members. It was alleged that the Member had been disrespectful to the Clerk of the Council (“the Clerk”) and had repeatedly undermined her.  The complaint related to correspondence sent by the Member to the Clerk and correspondence sent by the Member about the Clerk. The Ombudsman concluded that the Member’s correspondence included derogatory personal comments which were disrespectful and that comments about the Clerk’s experience were intended to undermine the Clerk.  The Member also used gendered language when commenting on the Clerk. The Ombudsman determined that the Member may have breached the Council’s Code of Conduct, in particular, paragraphs 4(a), 4(b) and 4(c) as the Member failed to 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; a failure to show respect and consideration, and bullying or harassing behaviour of the Clerk.  The Ombudsman also found that the Member’s actions could reasonably be regarded as behaviour which might bring the office of Member or the Council into disrepute and a potential breach of paragraph (6(1)(a) of the Code of Conduct. The Ombudsman referred his investigation report to the Monitoring Officer of Gwynedd Council for consideration by its Standards Committee. The Standards Committee censured Councillor Stevens as he resigned from the Council prior to the hearing.  It said it would have suspended him for the fullest period possible and asked him to reflect on his behaviour.