The Ombudsman received a complaint alleging that a Member (“the Member”) of Flintshire County Council (“the Council”) and Saltney Town Council had breached the Code of Conduct by abusing their position and using the resources of their authority improperly when they requested the delivery of sandbags to their close family member’s property during a severe flooding event. The investigation considered whether the evidence gathered was suggestive that paragraphs 7(a) and 7(b) of the Code had been breached and based on the gathered evidence, it further considered whether paragraphs 11 or 14 of the Code had also been breached.
The evidence confirmed that the Member had not told Council officers that their reports of flooding or request for the delivery of sandbags related to their close family member’s property. It also confirmed that the Member did not attempt to apply pressure to obtain preferential treatment for their requests outside of the Council’s established emergency protocol in operation that day or that they were reluctant to follow this process. The Ombudsman’s view was that this did not suggest the Member had breached paragraphs 7(a) or 7(b) of the Code. However, by failing to declare their personal and prejudicial interest in matters which affected their close family member’s property, the Ombudsman concluded this was suggestive of some technical breaches of paragraphs 11(2)(a), 11(2)(b), 14(1)(d) and 14(1)(e) of the Code. Based on the evidence, the Ombudsman was not persuaded that the likely breaches of the Code in relation to interests also breached paragraphs 6(1)(a) which relates to disrepute or 7(a) (misuse of position).
It was appreciated that this was a crisis situation and that had the Member declared a personal and prejudicial interest when they contacted the Council, this would have alerted the Council officers to the fact that the requests related to their close family member, and likely have given the perception that they were trying to use their position improperly, and potentially breaching paragraphs 7(a) and/or 7(b) of the Code. The Member was acting in support of the next-door neighbour of the close family member’s which was entirely appropriate. On balance, it was determined that any interest breaches were not so serious as they had no detrimental impact on the Complainant or any inappropriate influence on the Council’s actions that a referral to the Standards Committee was appropriate in the public interest.
Under Section 64(4)(b) of the Local government Act 2000, the Ombudsman decided that no action needed to be taken in respect of the matters investigated.