The Ombudsman received a complaint that a Former Member (“the Former Member”) of Llanvaches Community Council (“the Community Council”) had breached the Code of Conduct (“the Code”) regarding matters concerning work conducted by a tree surgeon, intimidating behaviour and the disclosure of confidential information.
The Ombudsman investigated whether the Former Member’s conduct might amount to a breach of paragraphs 4(b), 4(c), 5(a), 6(1)(a) and 7(a) of the Code of Conduct (“the Code”). During the investigation the Former Member did not stand in the Local Government elections on 5 May 2022 and stood down from the Community Council.
The Ombudsman found that when the Former Member went to a public playing field and found a tree surgeon at work without an adequate cordon to ensure public safety, the Former Member expressed a concern about public safety and work being conducted on Community Council leased land. The Ombudsman found there was no evidence to suggest the Former Member’s behaviour was inappropriate or aggressive, or that abusive or offensive language or intimidating behaviour was used in breach of the Code.
The Ombudsman also found that accounts of a conversation between the Former Member and the complainant concerning the disclosure of information differed and, as there were no witnesses to the event, it was not possible to draw a conclusion on exactly what was said. Further, the subject matter of the disclosed information had also been discussed at Community Council meetings and recorded in publicly available minutes. Therefore, the Ombudsman was not persuaded that the alleged conduct was suggestive of a breach of the Code.
The Ombudsman noted that since the events the Community Council had taken steps to ensure that when similar authorised work is conducted, members are present to ensure appropriate health and safety measures to protect the public are in place.
The Ombudsman found no further action was necessary or required in the public interest.