It was alleged that a Member of the Council failed to declare personal and prejudicial interests during a council meeting.
The Ombudsman started an investigation to consider paragraphs 7(a), 10(2)(c), 11(1), 12(1) and 14(1) of the Code of Conduct (“the Code”). Information was obtained from the Council. The Complainant was interviewed.
In determining whether it would be in the public interest to continue with the investigation, the Ombudsman considered the relevant factors including whether it was likely that if any breach of the Code were to be found whether any sanction is likely to be imposed. As the Member had already been disqualified from being or becoming a member of the Council for a set period, even if a breach of the Code were to be found, no greater sanction than the disqualification already in place would likely be imposed on the member for a breach of this nature. Therefore, on balance, the Ombudsman considered that it would be a disproportionate use of resources to continue the investigation.
Accordingly, under Section 70 of the Local Government Act 2000, the Ombudsman decided that it was not in the public interest to continue the investigation. Therefore, the investigation was discontinued.