The Ombudsman received a complaint that a Member (“the Member”) of Holywell Town Council (“the Council”) had breached the Code of Conduct (“the Code”). It was alleged that when the Complainant and an acquaintance (“the acquaintance”), were attempting to collect the Complainant’s personal items from a Museum (“the Museum”) in 2023, the Member verbally abused them both, before he forcibly manhandled the acquaintance to the door and pushed her out towards the steps. The acquaintance was said to have fallen at the bottom of the steps of the Museum.
Information was obtained from the Council. The Complainant and the acquaintance both documented their recollections in writing. A witness was interviewed. Information was obtained from the Police (“the Police”).
Taking into consideration factors such as the conflicting accounts received from those involved, the passage of time and the absence of corroborative independent witnesses or direct evidence to substantiate the allegations that disreputable conduct, (which was capable of impacting his role as councillor the Council itself), or that the Member used his position improperly, it was not possible for the Ombudsman to reach a balanced view or determination as to whether there was a breach of the Code.
Under Section 70 of the Local Government Act 2000, the Ombudsman decided that it would not be proportionate and in the public interest to continue the investigation. Therefore, the investigation was discontinued.