Report Date

10/10/2023

Case Against

Mumbles Community Council

Subject

Promotion of equality & respect

Case Reference Number

202203558

Outcome

Referred to the Adjudication Panel for Wales

The Ombudsman received a complaint from a member of the public that a Member (“the Member”) of Mumbles Community Council (“the Council”) had verbally abused them on social media.

The investigation considered whether the Member failed to comply with the following provisions of the Code of Conduct:

  • 4(b) – You must show respect and consideration for others.
  • 4(c) – You must not use bullying behaviour or harass any person.
  • 6(1)(a) – You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.

The investigation considered evidence from the Council.  Witnesses provided witness evidence.  Copies of the comments on social media were also obtained.  The Member was invited to take part in an interview as part of the investigation, but the Member chose not to take part.

The investigation found that the Code of Conduct did not apply entirely to the situation complained about.  Accordingly, the Ombudsman did not consider that the evidence was suggestive of a breach of paragraphs 4(b) or 4(c) of the Code of Conduct.   The Ombudsman found that the Member’s conduct was suggestive of a breach of paragraph 6(1)(a) of the Code of Conduct.

The report on this investigation was referred to the President of the Adjudication Panel for Wales for adjudication by a tribunal.

The Adjudication Panel for Wales concluded, on the basis of the findings of fact, that the Member had not failed to comply with paragraph 6(1)(a) of the Code of Conduct.