The Ombudsman received a complaint that a Member (“the Member”) of Cardiff Council (“the Council”) had breached the Code of Conduct (“the Code”). It was alleged that the Member posted information he knew to be untrue about the Complainant on different social media accounts.
The Ombudsman determined that investigation was appropriate and that paragraphs 4(b), 4(c) and 6(1)(a) of the Code of Conduct should be considered.
Information was obtained from the Council, including documents outlining what guidance had been provided to the Member at different times.
In relation to complaints which involve what a councillor has said, Article 10 of the European Convention on Human Rights (“ECHR”) states that everyone has the right to freedom of expression. The exercise of this right carries with it duties and responsibilities and may be subject to restrictions or penalties as prescribed by law in the interests of, among other things, public safety and the protection of the reputation or rights of others.
It was considered that most of the Member’s comments were based on information that has previously been published in the public domain and that a number of these comments could be mis-leading, but did not go far enough so as to represent something as true when he had no grounds to do so, which would be suggestive of a breach of paragraphs 4(b), 4(c) or 6(1)(a), and justify a proportionate interference with the Member’s right to freedom of expression, which has a high threshold.
Under Section 70 of the Local Government Act 2000, the Ombudsman decided that it would not be proportionate and in the public interest to continue the investigation. Therefore, the investigation was discontinued.