The Ombudsman received a complaint that a Member (“the Member”) of Ogmore Vale Community Council (“the Council”) had breached the Code of Conduct (“the Code”). It was alleged that the Member had acted on behalf of the Council without its approval or consent, when advancing an application for grant funding.
The Ombudsman’s investigation considered whether the Member’s conduct may have breached paragraphs 6(1)(a), 7(a) and 7(b) of the Code. Information, including relevant minutes and correspondence, was obtained from the Council. Witnesses, including the Complainant, were interviewed.
The Ombudsman’s investigation found that the Member took action to pursue and advance a grant application on behalf of the Council, without its knowledge, authority, or consent. The Ombudsman found that the Member’s conduct, on balance, may be suggestive of a breach of paragraph 7(b) of the Code. The investigation found that there was no evidence that the Member sought a personal advantage or attempted to gain personally. In addition, the grant monies were not released. Accordingly, the Ombudsman was not persuaded that there was evidence suggestive of a breach of paragraph 7(a) of the Code. While the Member’s conduct impacted upon his personal reputation within the Council, the Ombudsman did not consider that the Member’s conduct was likely to have brought the Council or the role as member into disrepute. Accordingly, the Ombudsman was not persuaded that the conduct was suggestive of a breach of Paragraph 6(1)(a) of the Code.
In considering whether further action was required in the public interest, the Ombudsman considered that the grant monies were not released, and the Council was not committed to any contract or agreement. At the time of the events complained about, the Member was inexperienced and had not received training on the Code. In addition, the Member had significant mitigating personal circumstances. There was no evidence of finance loss as a result of the conduct. Significantly, there was no evidence to suggest that the Member gained, or sought to gain, personally from the grant application or project.
Having balanced the relevant public interest factors, the Ombudsman did not consider that it was proportionate, or in the public interest, for any further action to be taken. That said, the Ombudsman recommended that the Member familiarises himself with the Council’s Standing Orders and governance arrangements and undertakes training on the Code of Conduct, to ensure that he understands his role and remit as a member of the Council. Additionally, the decision will be held on record and taken into account in the event of any future complaints about the Member.