The Ombudsman received a self-referred complaint from a member of Monmouthshire County Council (“the Council”). The referral explained that the Member had failed to observe the Code of Conduct (“the Code”) for members of the Council by disclosing potentially sensitive or restricted information during a Council meeting.
The Ombudsman determined that investigation was appropriate and that the following paragraphs of the Code were considered:
- 5(a) – [members] must not disclose confidential information or information which should reasonably be regarded as being of a confidential nature, without the express consent of a person authorised to give such consent, or unless required by law to do so.
- 6(1)(a) – [members] must not conduct [themselves]in a manner which could reasonably be regarded as bringing their office or authority into disrepute.
Information was obtained from the Council, the Member and relevant witnesses.
The Ombudsman was satisfied that the Member’s actions in referring to the information without express consent or authorisation to do so and the resulting publicity surrounding his actions were suggestive of breaches of the paragraphs of the Code considered.
However, when determining the outcome of this investigation the Ombudsman considered that further action, by way of referral to a Standards Committee or the Adjudication Panel for Wales, was not required in the public interest. Public interest factors taken into consideration included the self-reflection, remorse and acceptance of the potential breaches by the Member. It was also noted that the Member took swift action in recognition of the disclosure which appears to have been based on an ill-judged assumption that the information was in the public domain at the time.
Under Section 64(4)(b) of the Local Government Act 2000, the Ombudsman decided that no action needed to be taken in respect of the matters investigated.