Agenda item

Rhoi crynodeb i'r Aelodau o'r materion sy'n ymwneud â'r Cod Ymarfer sydd wedi'u hamlinellu yn Llythyr ac Adroddiad Blynyddol yr Ombwdsmon i'r Cyngor yma ar gyfer 2020 – 2021.

The Monitoring Officer provided Members with a summary of matters pertaining to standards of conduct of County, Town and Community Councillors as set out in the Ombudsman Annual Report and Annual Letter to this Council for 2020-2021.

The Committee were informed that the number of Code of Conduct Complaints had increased by 47% during 2020-2021 with the PSOW receiving 535 new complaints with 308 taken forward for investigation. The total number of complaints for the year 2018-19 was 282 and for 2019-20, 231. Of those 308 complaints 167 related to Town and Community Councils, 138 to Local Authorities, 2 to National Park authorities and 1 to a Fire Authority. 

Members learned that Within a small number of Town and Community Councils the PSOW has stated he is still seeing complaints which appear to border on frivolity or are motivated by political rivalry or clashes of personalities rather than being true Code of Conduct issues. Where his offices receives ‘tit for tat’ complaints they will engage with the Council and the Monitoring Officer of the principal authority to remind its members of their obligations under the Code and their democratic responsibilities to the communities they serve.

Members were informed that as in previous years the majority of CCCs (55%) related to matters of the promotion of equality and respect; 14% related to the failure to disclose or register interests; 12% related to integrity; 4% related to accountability and openness; 5% related to failure to be objective or act with propriety; 8% related to the duty to uphold the law and 2% related to selflessness and stewardship. The PSOW has noted there is an annual increase in the number of complaints where bullying behaviour is being alleged.

The Monitoring Officer reported that the PSOW has highlighted once again the important of Code of Conduct training to become a ‘good councillor’, and from his investigations he has gained an impression that many members of Town and Community Councils often do not take up training opportunities offered on the Code of Conduct. Whilst there is no statutory obligation for Members to complete training currently it is strongly advised they should do so.

Members noted that 24 complaints were taken forward for investigation

in 2020-21 with the PSOW again directing investigative resources towards the

more serious complaints where an investigation is required in the public

interest. In 14 cases an investigation was discontinued (5 cases), no evidence

of breach was found or no further action was necessary (9 cases) and there

were 10 referrals (to either Standards Committees or the Adjudication Panel for

Wales) – a 50% increase from 2019-2020.

Furthermore, in 58% (14 cases) of the investigations undertaken during the

period (i.e. no evidence of breach was found or investigation discontinued), a

significant decrease on the previous year, where this outcome happened in

85% of cases. The PSOW has stated that whilst fewer cases are being referred

to investigation, of those that are, he is finding evidence suggestive of a breach

of the Code of Conduct in more cases.

Members were advised that in 20/21 the Adjudication Panel for Wales and Standards Committees upheld and found breaches in 100% of Ombudsman referrals.

The Monitoring Officer reported that the PSOW had stated that the increase in the number of complaints referred for further consideration in respect of potentially serious breaches of the code last year, is of concern and suggests there has been some decline in member conduct. Of the complaints referred for hearing which are yet to be determined, it is concerning that the complaints suggest disreputable conduct and that some members may have misused their positions as members.

In response to a query raised in relation to the rise in the number of CCCs during 2020-21 and the decline in Members Conduct, the Monitoring Officer responded that this could be due to the fact that Members of the public potentially have had more interaction with Councillors and Local Authorities than they have done so previously during this period, however, the evidence suggests that not all of these complaints were valid.

A Member raised concerns regarding the number of CCCs relating to matters of the promotion of equality and respect as in previous years and commented that it would be interesting to see the statistics of how many of those who committed the breaches did not undertake the relevant training which had been strongly advised.  In response, the Monitoring Officer reported that he would raise this with the Ombudsman as this would be a useful tool to determine the underlying cause of this. He also noted that there is a review being undertaken by Welsh Government into the Ethical Standards Framework in Wales whereby training and mandatory training will form part of this process.

In response to a query raised in relation to the Annual Letter received from the Ombudsman to the Council for 2020-2021 requesting that the Authority informs him of the outcome of the Council’s considerations and proposed actions contained within the letter by 15^th November 2021, the Monitoring Officer commented that a report had been presented to Cabinet in response of the letter and he is more than happy to share their considerations of the report to Committee so that Members have the opportunity to align their responses with this before being submitted to the Ombudsman.  Furthermore, the Monitoring Officer reported that he had been in contact with the Ombudsman who is be able to extend the deadline for the purpose of receiving comments from the Committee.

It was reported that the number of complaints received by the Ombudsman for our Authority is in the bottom quartile of the aggregate population, whereby only 5% required a PSOW intervention.

The Chair thanked the officer for the detailed update and the Standards Committee RESOLVED:

1.    To receive Statistics from the Ombudsman in respect of those who did not undertake the relevant training following the commitment of breaches.

2.    To receive the considerations of the report from Cabinet before being submitted to the Ombudsman.

3.    To note the matters relating to Code of Conduct Complaints reported in the Public Services Ombudsman for Wales’ Annual Report and Annual Letter to this Council 2020-21.