The Ombudsman received a complaint that a Member (“the Member”) of Hirwaun & Penderyn Community Council (“the Council”) had breached the Code of Conduct.) It was alleged that the Member breached the Code of Conduct in her behaviour and treatment towards a number of different individuals during the organisation and running of a community event.
An investigation considered whether the Member’s conduct was suggestive of a breach of paragraphs 4(b) (respect and consideration) and 4(c) (bullying behaviour). Information was obtained from the Council, including relevant documentation and meeting minutes. Witnesses, including the complainant, were interviewed. Emails relating to the events were obtained. The Member was interviewed and provided further information.
The investigation found that the Member failed to show respect and consideration and her conduct was suggestive of a breach of paragraph 4(b) of the Code. The Ombudsman was not persuaded that the Member’s conduct amounted to bullying or harassment within the meaning of the Code and accordingly, did not consider that the evidence was suggestive of a breach of Paragraph 4(c) of the Code.
In considering whether a referral to a Standards Committee or the Adjudication Panel for Wales was required in the public interest, the Ombudsman had regard to a number of public interest factors. The Ombudsman noted relationships at the Council had improved. It was also noted that the Member had reflected upon her conduct and provided apologies for her behaviour and a commitment to ensure that such conduct would not reoccur. The Member showed genuine remorse for her conduct and the impact of it.
On balance, in view of the significant insight and reflection shown by the Member, and the apologies provided for the comments made, the Ombudsman was not persuaded that further action would be proportionate in the public interest or would contribute any further to the rebuilding of future working relationships. This is not to downplay the effect the conduct.
The Member was reminded of her obligations to abide by the provisions of the Code and to ensure she considers how her conduct impacts on others.
The Ombudsman considered that the proportionate action, in the public interest, was for the Member to undertake training on the Code, particularly in relation to respect and consideration. The Ombudsman recommended that the Member undertook such training within 3 months.
The Member was advised that the outcome of this investigation would be placed on record and may be considered, should a further complaint of a similar nature be received against her in future.
Under Section 69(4)(b) of the Local Government Act 2000, the Ombudsman determined that no action needs to be taken in respect of the matters investigated.