The Ombudsman received a complaint that a Member (“the Member”) of Cyngor Gwynedd (“the Council”) had breached the Code of Conduct (“the Code”) when making comments in relation to the Relationships and Sexuality Education (RSE) curriculum. It was alleged that comments were directed to cause shock and outrage, rather than to honestly inform the public, that they failed to show respect and consideration and that the Member failed to respect the Monitoring Officer’s guidance not to breach the Code of Conduct.
An investigation considered whether the Member’s conduct was capable of bringing the Council or the role of member into disrepute as to be suggestive of a breach of the Code.
Information was obtained from the Council, including relevant minutes and correspondence. Witness evidence was obtained and the Member was interviewed.
Having considered the evidence gathered and explanations provided by the Member for her actions, the Ombudsman determined, on balance, that most of the Member’s comments did not go beyond the limits afforded to her by her right to freedom of expression. However, had it not been for the timely interventions and clear advice by the Chair and Monitoring Officer, the outcome may have been different. The Member did make one comment which was not considered acceptable, especially as the Member acknowledged she could not refer to any documentation that would qualify this comment However, taking into account the Member’s reflections on the matter and wider circumstances including the public interest, the Ombudsman determined that no further action was necessary. The Member was urged to take more care in the future, and to complete further training on the Code, particularly surrounding how her Article 10 right to freedom of expression must be balanced against the need to ensure that the rights and reputations of others are protected, in compliance with the Code of Conduct.
Under Section 69(4)(b) of the Local Government Act 2000, the Ombudsman determined that no action needs to be taken in respect of the matters investigated.