Agenda, decisions and minutes

Mr Nick Bennett, Public Services Ombudsman for Wales, will attend to give a presentation on the following topic:

‘Welsh Government is proposing reforms to all levels of local government including the introduction of the general power of competence.  Ahead of those reforms taking effect, is there anything that you think local government needs to do in order to prepare and specifically do you consider any changes might be needed to the code of conduct and the ethical regime’

There will be an opportunity for Town and Community Council representatives and committee members to ask questions of the Ombudsman and to debate the issues raised.

Mr. Nick Bennett, Public Services Ombudsman for Wales (PSOW) was in attendance with Mrs. Annie Ginwalla to deliver a presentation on the work of the PSOW team in considering complaints about public services and independent care providers in Wales.

The main areas of the presentation were:

·         Statistics for the last ten years - 126% increase in complaints received by the PSOW, resulting in 4,502 recommendations for improvement to public services across Wales.

·         Enquiries and complaints received showed an upward trend over the past five years with a welcome reduction in the number of Code of Conduct complaints.

·         Context outlined key issues including the possibility of more devolved powers for Town and Community Councils in the future.

·         Code of Conduct complaints were mainly about the promotion of equality and respect and the disclosure and registration of interests.

·         Complaints not upheld and those discontinued.

·         Code of Conduct complaints by type of Authority showed a 53/46% split between town/community councils and county/ county borough councils.

·         Flintshire facts indicated that less than 4% of Code of Conduct complaints had been made in Flintshire.  It was noted that breaches of the Code of Conduct could only be determined by the Standards Committee of that authority or by the Adjudication Panel for Wales.

·         Testing public interest involved a series of factors to determine whether to investigate the complaint or breach of the Code.  A proportionate approach was taken to focus on what mattered to people most, with each case considered on its own merits.

·         Complaints upheld - only one out of 22 complaints upheld were referred to the Adjudication Panel last year.

·         Vexatious complaints.

·         The future.

·         New PSOW Bill - four areas where the PSOW hoped to receive additional powers.

·         Conclusion

The PSOW encouraged low-level complaints between councillors to be dealt with through an adopted Local Resolution Process to enable his team to focus on more serious complaints and those generated by members of the public.  Whilst such a process was in place at county level, this was optional for Town and Community Councils who were encouraged to consider adopting the model Local Resolution Protocol produced by One Voice Wales.  During discussion, only four representatives indicated that a Local Resolution Procedure had been adopted by their Town/Community Council.  The Monitoring Officer highlighted the importance of adopting such a procedure before any live complaints.

Following the presentation, Mr. Bennett and Mrs. Ginwalla responded to a number of questions from Committee Members and Town and Community Council representatives:

Low-level persistent dominating behaviour by councillors and the impact on those councils - There was an expectation to follow some form of Local Resolution Process.  If this failed, the PSOW would investigate by first considering any documented evidence of behaviour patterns and then applying the principles of the public interest test.

Consideration of whether to proceed with an investigation (Code of Conduct) and the threshold for low-level complaints - The team was given delegated authority to consider complaints and evidence of breaches to the Code before applying the subjective public  ...  view the full minutes text for item 27.

To receive any Declarations and advise Members accordingly.

No declarations of interest were made.

No declarations of interest were made.

To confirm as a correct record the minutes of the meeting held on 4 September 2017.

That the minutes be signed by the Chairman as a correct record.

The minutes of the meeting of the Committee held on 4 September 2017 were submitted.

RESOLVED:

That the minutes be signed by the Chairman as a correct record.

To receive any requests for dispensations.

That Councillor Geoff Collett be granted dispensation under paragraphs (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak for five minutes as local Member at Planning Committee on planning application 056742, or any application which, in the opinion of the Monitoring Officer, is similar.  Councillor Collett is to leave the meeting after speaking, before the application is debated and voted on.  The dispensation to be granted for 12 months, ceasing on 2 October 2018.

The Deputy Monitoring Officer circulated copies of a dispensation request submitted by Councillor Geoff Collett after publication of the agenda.  Councillor Collett wished to speak for five minutes as local Member at the forthcoming Planning Committee meeting on planning application 056742.  He had declared a personal and prejudicial interest on the item as his home was adjacent to the proposed development.  It was confirmed that (d) and (f) were the relevant paragraphs under which dispensation was sought.

As Councillor Collett was not a member of the Planning Committee, he would not be entitled to vote and having declared a personal and prejudicial interest, would only be permitted to speak for three minutes.  If granted, the dispensation would allow him an additional two minutes to speak on the item and fully represent his constitutents.

Following discussion, Councillor Arnold Woolley felt that this was a reasonable request and proposed that dispensation be granted.  This was supported by the Committee.

RESOLVED:

That Councillor Geoff Collett be granted dispensation under paragraphs (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak for five minutes as local Member at Planning Committee on planning application 056742, or any application which, in the opinion of the Monitoring Officer, is similar.  Councillor Collett is to leave the meeting after speaking, before the application is debated and voted on.  The dispensation to be granted for 12 months, ceasing on 2 October 2018.

That the dispensation granted to Councillor Veronica Gay by the Committee on 4 July 2016 in respect of the Community Asset Transfer of the Community Centre, Library and Youth Centre should continue until 1 October 2018.

The Deputy Monitoring Officer presented an update on the review of dispensations following discussion at the previous meeting where the Committee determined which dispensations should continue to have effect and which should be cancelled.

At that meeting, the Committee agreed to extend several dispensations until this meeting to enable the Deputy Monitoring Officer to write to those Members to ask if they wished for a further extension.  As a consequence, Councillor Veronica Gay had requested an extension of her dispensation in respect of the Community Asset Transfer of the Community Centre, Library and Youth Centre to 1 October 2018.  In relation to members of Argoed Community Council who were represented on ‘MIFFY’, it was reported that the Clerk had confirmed that these dispensations were no longer required.

The Monitoring Officer clarified that Members who had previously been granted dispensation could re-apply in similar terms if they wished.  Councillor Patrick Heesom commented that this should be made clear to the those involved.

RESOLVED:

That the dispensation granted to Councillor Veronica Gay by the Committee on 4 July 2016 in respect of the Community Asset Transfer of the Community Centre, Library and Youth Centre should continue until 1 October 2018.

The next meeting of the Forum will take place on 24 November 2017 at Wrexham.  Are there are any issues which the Committee would like to put on the agenda?  The deadline for suggested items is 13 November.

It was confirmed that Rob Dewey would attend the Forum on 24 November 2017 and that the Chairman was unavailable on that date.  In response to a query by Councillor Patrick Heesom, the Monitoring Officer explained that the Forum meetings were usually attended by the Chairs and Vice-Chairs of Standards Committees, providing a networking opportunity for those independent members.  He agreed to check whether Council Members were able to attend as observers.

Members were reminded that they could contact the Monitoring Officer to submit any items for the meeting by 13 November 2017.

For the Committee to consider topics to be included on the attached Forward Work Programme.

That the Forward Work Programme be noted.

The Committee received the current Forward Work Programme for consideration.  The November meeting currently had no items of business and would be cancelled unless any dispensation requests were received.

The Chief Officer gave a brief update on the appointment of a lay member on the Committee to be advertised jointly with the Fire Authority.  As previously suggested, the advertisement would emphasise the beneficial nature of the work of the Committee to appeal to a broader range of applicants.  It was anticipated that interviews would be held in late November 2017 to enable the Committee to consider recommendations from the joint interview panel in December before consideration by full Council on 12 December.  The Monitoring Officer agreed to notify the Committee when the recruitment information pack was made available.

RESOLVED:

That the Forward Work Programme be noted.

There were no members of the press or public in attendance.