The Ombudsman received a complaint that a member (“the Member”) of Clyne & Melincourt Community Council (“the Community Council”) had breached the Code of Conduct (“the Code”).
It was alleged the Member had failed in his duty to uphold the law by removing pedestrian safety railings without the express permission of Neath Port Talbot Council (“the Council”), and in so doing, created a health and safety risk for the local community.
The Ombudsman’s Office started an investigation to consider paragraphs 6(1)(a) (disrepute) and 7(a) (misuse of position) of the Code. Information was obtained from the Community Council, the Council and South Wales Police (“the Police”). Comments and copies of relevant social media posts were provided by the Complainant and a witness. The Member provided written and verbal comments.
The investigation found that at the time of the events the Member was Chair of the Community Council and had taken it upon himself (without any reference to the Community Council or the Council) to remove the railings because of his concerns about community safety. Following the Council’s intervention, the railings were swiftly returned and reinstated, the Member apologised, and reimbursed the Council for associated costs, and the Council took no consequent legal action. The Police investigated the matter and ultimately decided no further action would be taken.
The Ombudsman found the Member’s actions were suggestive of a breach of 6(1)(a) of the Code. The Ombudsman found that as the Member was acting in his own right at the time and without the knowledge of the Community Council, the evidence was not suggestive of a breach of paragraph 7(a).
The Ombudsman concluded that whilst the Member’s conduct may be suggestive of disrepute, his clarification that he was acting in his own right, his recognition of wrong doing, contrition and apologies, his acknowledgement and co-operation in rectifying the situation and the lack of outcome from the Police investigation, could all be seen as mitigating factors and as such, even if a breach of the Code was established at a hearing, a sanction may not be imposed. The Ombudsman considered therefore it would not be proportionate or in the public interest for any further action to be taken in relation to this matter.
That said, the Ombudsman strongly recommended that the Member undertakes refresher training on the Code.