Agenda item

To receive the report of the Head of Legal and Monitoring Officer.

The Committee received the report of the Head of Legal and Monitoring Officer (copy filed with signed minutes).

A.        General Standards Issues for County Councillors and Co-opted

Members

            There was no update.

B.        Referral of Councillors to the Public Services Ombudsman

B1.      County Council Referrals

The current position regarding matters with the Ombudsman is as follows: 

02/CC/2020    Ombudsman referred to Standards Committee

04/CC/2021    Ombudsman investigating

C.           Dispensations

C1.    Applications- CountyCouncillors

No applications for dispensation have been received from County Councillors.

D.           Ombudsman Wales – Our Findings

The Committee noted the Ombudsman Wales - Our Findings

E.           National Forum for Standards Committees

            The first meeting of the Forum took place on 27 January 2023.   The Chair reported that the 22 Councils, three Fire Authorities and three National Park Authorities participate in the Forum.  The Welsh Local Government Association [WLGA] would provide secretariat support.  Clive Wolfandale, ex Chief Constable of North Wales was appointed as Chair and Jason Bartlett, Cardiff City Council Standards Committee was appointed Vice Chair.  Decisions would be by consensus.  The minutes would be circulated to the Committee and added to the Standards Committee’s next agenda.

The Chair highlighted the following issues from the Public Service Ombudsman Wales’ [PSOW] presentation:

•           There are 750 public bodies in Wales.

•           In the year to 31st March 2022 there were more complaints than in the previous 10 years.  67% of referrals were in respect of Community Councils.  70% of cases concluded within a year.

•           The current year is also very busy and is likely to be similar to last year.     

•           The threshold for consideration is the Public Interest Test.  The main issues were around:

§  The lack of respect

§  Public v private role

§  Media use is catching a lot of people out.

•           There is a correlation between complaints and training.

•           The Forum will be a sounding board for Standards Committees.

•           The PSOW will be able to pick up patterns and hopefully anticipate early interventions.

The Welsh Government [WG] has advised that:

•           There is to be a 12-week consultation on the Penn report recommendations that the WG may take forward.

•           They are considering the issues around publication of members’ addresses.

•           Anyone having worked for the council at any time cannot be an independent member.

•           They will be adopting some aspects of the Penn Report.

            Comments were made that the Forum would be an opportunity to share good practice and also an opportunity to draw issues to the Welsh Government’s attention.

F.        Group Leaders Duty to Promote Good Conduct

The Committee considered the draft template to be used by Group Leaders in evidencing the performance of their new duties.  It was noted that the template was based upon one prepared by the Chair and one used in other Welsh Local Authorities.

The Head of Legal and Monitoring Officer advised that the final version of the template would be sent to Group Leaders asking them to complete in preparation for a meeting with the Standards Committee.

The following comments were made on the draft template:

·         The Nolan principles should be grouped together and comments/actions should relate to the whole rather than individual principles

·         Information about the Nolan principles should be included in the template

·         Guidance notes should be provided to Group Leaders on what is expected of them

·         Under the comments section Group Leaders would be asked to provide brief details of any actions taken to resolve any issues, without identifying any individuals

·         Register of Interests of members should be added to the template asking Group Leaders to confirm that they are satisfied that their members are keeping their interests are up to date.

It was suggested that the guidance issued to the Group Leaders with the template should state that the Standards Committee is available to support Group Leaders at any time, informally or in private.  Reference to the meeting between the Standards Committee and the Group Leaders would be included in the guidelines rather than the template.

The Committee noted that the format and content of the template would be kept under review using the feedback from the Group Leaders.  The Head of Legal and Monitoring Officer agreed to amend the draft template and circulate for approval by email.

 G.       Meeting Dates

            The 2023 meeting dates were noted:

14 June at 2pm

25 October at 2pm