The Ombudsman received a complaint that a member (“the Member”) of Pentir Community Council (“the Community Council”) had breached the Code of Conduct (“the Code”). It was alleged that the Member was reluctant to allow the Complainant (who is also a member of the Community Council) to engage with an external Web Design Company and stated it was “because [the Complainant was] not Welsh.”
The Ombudsman determined that investigation was appropriate and that the following paragraphs of the Code of Conduct (“the Code”) should be considered:
- 4(a) – members must carry out their duties with due regard to the principle that there should be equality of opportunity for all people, regardless of their gender, race, disability, sexual orientation, age or religion.
- 4(b) – members must show respect and consideration for others.
- 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 Community Council. Witnesses, including the Complainant, were interviewed. The Member was also interviewed.
The investigation found that Welsh is the official language of the Community Council and the language of its internal administration. The Community Council had decided to add the sub-group Chair to the list of individuals authorised to contact the external Web Design Company. It was recorded that the decision was made in accordance with its Welsh Language Policy.
The Member accepted that, when questioned by the Complainant about why he was not allowed to contact the Web Design Company she ultimately responded, “because you’re not Welsh”. The Member subsequently explained that what she meant to say was “because you’re not Welsh speaking.” When considered in the context of the events leading up to the meeting, it was accepted that the Member meant to say, “because you’re not Welsh speaking” and that there was no racist intent behind her comment. The Member’s comments were considered more likely to be a clumsy slip of the tongue, rather than ill-intentioned. It was concluded that there was no evidence of a failure to comply with the Code.