The Ombudsman received a complaint that a Member (“the Member”) of Whitland Town Council (“the Council”) had breached the Code of Conduct (“the Code”).
It was alleged that the Member breached the Code in relation to an alleged failure to declare an interest in a payment made by the Council for a buffet (“allegation 1), an alleged failure to declare an interest in Council business relating to a solicitor’s firm (“allegation 2) and his alleged behaviour and conduct during an Extraordinary Full Council meeting on 3 July 2025 (“allegation 3”).
The Ombudsman determined that investigation was appropriate and that paragraphs 4(b) (respect and consideration), 4(c) (harassment and bullying), 7(a) (use of position) and 10(1), 10(2)(c)(i), 11(1), 12(1) and 14(1)(a) (personal and prejudicial interests) should be considered.
Information was obtained from the Council, including relevant meeting minutes and correspondence. A number of witnesses, including the complainant, were interviewed. The Member was also interviewed.
With regard to allegation 1, the Ombudsman’s investigation found that the Member took part and seconded a proposal to make a payment in which he had an interest. The Member’s interest was both personal and prejudicial and he failed to declare such interests. Accordingly, his conduct was suggestive of breaches of paragraphs 11(1) and 14(1)(a).
In relation to allegation 2, the Ombudsman’s investigation found that the Member did not have a personal or prejudicial interest in relation to business of the solicitor’s firm. Accordingly, his conduct was not suggestive of a breach of the Code in relation to this aspect of the complaint.
Finally, with regard to allegation 3, the Ombudsman’s investigation found that the accounts provided by witnesses differed. Significantly, a key witness did not engage with the investigation and the Ombudsman was unable to establish her direct account. On balance, taking into account the differing accounts, it was not possible to reconcile the difference in accounts and reach a balanced view of what took place.
In considering whether it was in the public interest for further action to be taken in respect of the suggested breaches, the Ombudsman took into account the relevant factors from the evidence. The breach itself was relatively minor. In addition, the Member showed reflection and insight into his actions and was clear that he would act differently in the future. The Ombudsman considered that in view of the circumstances, it was not proportionate for any further action to be taken.