The Ombudsman received a complaint that a Member (“the Member”) of Bridgend Town Council (“the Council”) had breached the Code of Conduct.
It was alleged that the Member sent correspondence to the Complainant which was disrespectful and amounted to bullying and harassment. The Ombudsman determined that investigation was appropriate and that paragraphs 4(b) and 4(c) of the Code should be considered. Information was obtained from the Council. Witnesses, including the complainant, were interviewed and provided written submissions. The Member was interviewed.
The investigation found that the correspondence sent by the Member included comments that could be considered as offensive and upsetting and were disrespectful in nature. In considering complaints which relate to the conduct of a councillor who is exercising their right to freedom of expression under Article 10 of the European Convention on Human Rights, the Ombudsman must carefully consider whether any sanction which might ultimately be imposed on the member, would be a proportionate interference with those rights. The Ombudsman must also consider the purpose of the ethical standards framework and whether it would be proportionate and in the public interest for any further action to be taken.
The Ombudsman considered that the Member’s explanation for sending the correspondence, specifically that he was upset that he had received an invitation for the meeting and waited for some time for it to start only to then be asked to leave, was plausible. The Member acknowledged that he wrote the letter in the “heat of the moment”, while emotions were high. The Member reflected on his conduct and acknowledged that the letter was sent in the heat of the moment and that he should have taken time to consider the matter before sending such a letter. The Member also offered further apologies and it is clear that he regrets the incident and feels he could have handled the matter differently.
In view of the insight and remorse shown by the Member, and the apologies for the comments made, the Ombudsman considered that it was not proportionate or in the public interest for any further action to be taken. This is not to downplay the effect the alleged comments had on the Complainant, who found them, understandably, upsetting. The Member was reminded of the importance of maintaining a respectful relationship with members of the public. The Ombudsman also recommended that the Member undertake training on the Code of Conduct.