The Ombudsman received a complaint that a Member (“the Member”) of Llantilio Pertholey Community Council (“the Council”) had breached the Code of Conduct (“the Code”). It was alleged that the Member acted in an obstructive manner in relation to the Council’s finances in an attempt to stifle the Council’s ability to function.
Information was obtained from the Council, including relevant minutes and emails. Witness evidence was obtained. The Member was also interviewed.
The Ombudsman’s investigation found that the Member refused to sign blank cheques and requested further information and invoices relating to financial matters. The Ombudsman noted that Members are under a duty to act in the public interest in accordance with the principle of Stewardship and paragraph 7(b) of the Code which places a duty upon them not to use their Council’s resources imprudently, in breach of their authority’s requirements or unlawfully. She considered therefore that it was not appropriate for the Member to sign blank cheques without having had sight of proof that expenses had been reasonably incurred. The Ombudsman found that the Member’s reasoning for not signing blank cheques appeared reasonable and she did not consider that there was evidence of a breach of paragraph 7(b)(iv) of the Code.
That being said, the Ombudsman’s investigation found that there was evidence of a breakdown in the communication and relationship between the Complainant and the Member. The Member engaged in protracted and contested communication about the Council’s bank account. It appeared that the Member did not attempt to resolve the issues or work with the Complainant to enable a smooth transition to new signatories for the Council’s bank account. The Ombudsman considered that the matter could have been dealt with in a more productive manner.
Under Section 69(4)(a) of the Local Government Act 2000, the Ombudsman found that there was no evidence that the Member failed to comply with the Code.
While the Ombudsman found no evidence of a breach of the Code, she reminded the Council that, to avoid a potential similar escalation of matters in the future, advice could be sought from the Monitoring Officers and that concerns should be addressed through the appropriate local channels and procedures.