It was alleged that a Member (“the Member”) of Cardiff Council (“the Council”) had breached the Code of Conduct (“the Code”) by failing to co-operate with an ongoing Ombudsman investigation concerning the conduct of a member of another authority (“Councillor Y”).
An investigation was started to consider whether the Member had failed to comply with paragraph 6(2) of the Code – Members must comply with any request of the Ombudsman in connection with an investigation conducted in accordance the Ombudsman’s statutory powers.
The investigation found the Member had been a witness on Councillor Y’s investigation, and whilst he had initially engaged with the Ombudsman’s process and agreed a draft witness statement for that investigation, he then failed to return the final signed statement, despite repeated requests, over a protracted period. The Ombudsman determined the Member’s conduct was suggestive of a breach of paragraph 6(2) of the Code. However, it was also noted that once an investigation had commenced regarding the Member’s conduct, he swiftly re-engaged, provided an apology and explanation, and returned the signed statement.
Taking into account the Member’s re-engagement, personal situation, contrition, apology, and returned statement, which could all be seen as mitigating factors, it was determined that, even if a breach of the Code was established, on balance at a hearing, a sanction may not be imposed. Therefore, the Ombudsman considered that it would not be proportionate or in the public interest for any further action to be taken in relation to the matter.
That said, the Ombudsman strongly recommended that the Member undertakes refresher training on the Code, particularly concerning his obligations and duties regarding paragraph 6(2), and duty to adhere to the Principles underpinning the Code.