How to report a possible breach of the Members' Code of Conduct

The Public Services Ombudsman for Wales is appointed to look into complaints about public services in Wales. The Ombudsman also investigates complaints that members of local government bodies have behaved in a way that is in breach of the Code of Conduct. The Ombudsman is independent and unbiased.

The Ombudsman can consider complaints about the behaviour of members of:

  • County and County Borough Councils;
  • Community Councils;
  • Fire Authorities;
  • Police Authorities;
  • and National Park Authorities

Anyone may make a complaint as long as they have direct knowledge of the behaviour that they are complaining about.  A councillor is obliged under the Code of Conduct to report any evidence which he or she has of a fellow councillor breaking the Code.  Councillors also have a duty under the Code not to make complaints which are vexatious.

Examples of ways in which a member may break an Authority’s Code of Conduct include:

  • behaving in a way that negatively affects their Authority’s reputation;
  • using their position unfairly to gain an advantage for themselves or someone else – or to do someone else down;
  • improper use of their authority’s resources;
  • failing to declare an interest;
  • bullying behaviour;
  • failing to treat everybody equally; and
  • revealing confidential information about individuals without good reason.

The Ombudsman can decide whether he will investigate any complaint.  The Ombudsman has provided a guidance document which is available on his website and sets out the factors he will take into account when considering whether or not to investigate an allegation.  A number of the complaints which come to the Ombudsman are about controversial things which members have said.  The Ombudsman is clear that the Code of Conduct is not meant to prevent political debate and it is only in extreme cases that the Ombudsman will consider it appropriate to investigate a member’s criticism of political opponents.

In order to make a complaint you must be prepared for your name and what you say in your complaint to be passed on to the member concerned and to their Authority.  There is also the possibility that this may become public knowledge and you may need to be interviewed as part of any investigation.

The complaint must be in writing, preferably using the form provided by the Ombudsman for that purpose on his website.

Further advice and information on how to make a complaint as well as the on-line complaint form are available on the Ombudsman’s website at www.ombudsman-wales.org.uk/

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