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.