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         Referral of Councillors to Public Services Ombudsman

A1.      Town and Community Councillor Referrals

The current position regarding matters with the Ombudsman is detailed below:

11/21/TCC    Referred to Adjudication Panel for Wales [APW] – APW hearing regarding former Councillor Donald Jenkins [St Harmon Community Council] will be held on 4 July 2023 and the hearing will be based on written evidence only.

12/21/TCC    Referred to APW – APW held a hearing on 17 March 2023 and resolved that former Councillor Sheila Jenkins [St Harmon Community Council] be disqualified for 12 months from being or becoming a member of the Relevant Authority or any other relevant authority within the meaning of the Local Government Act 2000. 

03/22/TCC    Ombudsman deciding whether or not to investigate

04/22/TCC    Ombudsman not investigating

05/22/TCC    Ombudsman not investigating.

B.        Dispensations

B1.      Applications - Town and Community Councillors

The Chair welcomed Councillor B Thomas, Llangyniew Community Council to the meeting and invited him to explain the reason for his application for dispensation.   Councillor Thomas explained that there was a proposal to extend a caravan and chalet park in the area.  This proposal was at an early stage and a planning application had not yet been made.  He advised that he owned two properties which adjoin the application site.  He advised he had lived in the area all his life and had considerable knowledge of the area and issues.  He wished to speak at meetings only and not vote, so that he could represent the community.

In response to questions Councillor Thomas advised he:

·         did not consider that there would be any financial gain or loss from the proposed development,

·         may be approached by the developer to widen the road, but he would not be prepared to sell any land,

·         was not opposed to the application,

·         understood the proposal was to double the size of the site, but emphasised that no planning application had been made,

·         had lived in the area all his life and his knowledge of the area could explain the effect the proposal can have on the area and how things are changing and this was more knowledge than his fellow councillors,

·         not all of the other seven councillors on the community council were born in the area and he’s seen the changes and use of the highways over 60 years

·         had never owned a caravan site in Powys. He owns a small site for caravan club members.  He understands that the proposal will not be for touring caravans,

·         could not state whether the proposed development would impact on the value of his property,

·         may want to make written representations.

Councillor Thomas left the meeting room while the Sub-Committee considered his application.   On his return the Chair announced the Sub-Committee’s decision.

            The Monitoring officer advised he would confirm the decision in writing.

C.        Ombudsman’s Casebook

The Committee noted the Ombudsman Wales - Our Findings reports.

D.        Meeting Dates

            The following Committee date was noted:

            25 October 2023.

In respect of the referral of town and community councillors and county councillors to the Ombudsman, comment was made about the time it takes for the Ombudsman to consider complaints.  In response to a suggestion, the Monitoring Officer agreed that the date of a complaint to the Ombudsman and other dates for key stages in the process would be added to his report for this Committee and the Standards Committe.  This would enable the Committee to raise, in an informed way, issues regarding delays and capacity in the Ombudsman’s office.