Complaints against Councillors
All Community Councillors and Co-opted Members are required to abide by the Code of Conduct for Councillors adopted by their respective councils, which conform to the mandatory requirements of the Model Code of Conduct issued by the National Assembly for Wales.
The current principles were set out in a statutory instrument and are detailed below.
1. Selflessness
Members must act solely in the public interest. They must never use their position as members to improperly confer an advantage on, or to avoid a disadvantage for, themselves or to improperly confer an advantage or disadvantage on others.
2. Honesty
Members must declare any private interests relevant to their public duties and take steps to resolve any conflict in a way that protects the public interest.
3. Integrity and Propriety
Members must not put themselves in a position where their integrity is called into question by any financial or other obligation to individuals or organisations that might seek to influence them in the performance of their duties. Members must on all occasions avoid the appearance of such behaviour.
4. Duty to Uphold the Law
Members must act to uphold the law and act on all occasions in accordance with the trust that the public has placed in them.
5. Stewardship
In discharging their duties and responsibilities members must ensure that their authority’s resources are used both lawfully and prudently.
6. Objectivity in Decision-making
In carrying out their responsibilities including making appointments, awarding contracts, or recommending individuals for rewards and benefits, members must make decisions on merit. Whilst members must have regard to the professional advice of officers and may properly take account of the views of others, including their political groups, it is their responsibility to decide what view to take and, if appropriate, how to vote on any issue.
7. Equality and Respect
Members must carry out their duties and responsibilities with due regard to the need to promote equality of opportunity for all people, regardless of their gender, race, disability, sexual orientation, age or religion, and show respect and consideration for others.
8. Openness
Members must be as open as possible about all their actions and those of their authority. They must seek to ensure that disclosure of information is restricted only in accordance with the law.
9. Accountability
Members are accountable to the electorate and the public generally for their actions and for the way they carry out their responsibilities as a member. They must be prepared to submit themselves to such scrutiny as is appropriate to their responsibilities.
10. Leadership
Members must promote and support these principles by leadership and example so as to promote public confidence in their role and in the authority.
The Conduct of Members (Principles) (Wales) Order 2001 SI 2001 No.2276 (W.166)
Enforcement against breaches of the Code is the sole responsibility of the Public Services Ombudswoman for Wales. Neither a principal authority nor a community council can investigate an allegation that an elected representative has breached the Code of Conduct. Complaints relating to an allegation that a councillor has breached the Code can be sent to ask@ombudsman.wales.
If the Ombudsman investigates an allegation of a breach of the Code and concludes that a breach has occurred he will forward a report of his findings to the County Council's Standards Committee for their determination as to whether there has been a breach of the Code and if so what would be an appropriate sanction. Options available are no further action; censure and suspension for up to 6 months. If the Ombudsman considers that the breach is of a serious category then the report may be forwarded to the Adjudication Panel for Wales who have the power to disqualify a councillor.
The current principles were set out in a statutory instrument and are detailed below.
1. Selflessness
Members must act solely in the public interest. They must never use their position as members to improperly confer an advantage on, or to avoid a disadvantage for, themselves or to improperly confer an advantage or disadvantage on others.
2. Honesty
Members must declare any private interests relevant to their public duties and take steps to resolve any conflict in a way that protects the public interest.
3. Integrity and Propriety
Members must not put themselves in a position where their integrity is called into question by any financial or other obligation to individuals or organisations that might seek to influence them in the performance of their duties. Members must on all occasions avoid the appearance of such behaviour.
4. Duty to Uphold the Law
Members must act to uphold the law and act on all occasions in accordance with the trust that the public has placed in them.
5. Stewardship
In discharging their duties and responsibilities members must ensure that their authority’s resources are used both lawfully and prudently.
6. Objectivity in Decision-making
In carrying out their responsibilities including making appointments, awarding contracts, or recommending individuals for rewards and benefits, members must make decisions on merit. Whilst members must have regard to the professional advice of officers and may properly take account of the views of others, including their political groups, it is their responsibility to decide what view to take and, if appropriate, how to vote on any issue.
7. Equality and Respect
Members must carry out their duties and responsibilities with due regard to the need to promote equality of opportunity for all people, regardless of their gender, race, disability, sexual orientation, age or religion, and show respect and consideration for others.
8. Openness
Members must be as open as possible about all their actions and those of their authority. They must seek to ensure that disclosure of information is restricted only in accordance with the law.
9. Accountability
Members are accountable to the electorate and the public generally for their actions and for the way they carry out their responsibilities as a member. They must be prepared to submit themselves to such scrutiny as is appropriate to their responsibilities.
10. Leadership
Members must promote and support these principles by leadership and example so as to promote public confidence in their role and in the authority.
The Conduct of Members (Principles) (Wales) Order 2001 SI 2001 No.2276 (W.166)
Enforcement against breaches of the Code is the sole responsibility of the Public Services Ombudswoman for Wales. Neither a principal authority nor a community council can investigate an allegation that an elected representative has breached the Code of Conduct. Complaints relating to an allegation that a councillor has breached the Code can be sent to ask@ombudsman.wales.
If the Ombudsman investigates an allegation of a breach of the Code and concludes that a breach has occurred he will forward a report of his findings to the County Council's Standards Committee for their determination as to whether there has been a breach of the Code and if so what would be an appropriate sanction. Options available are no further action; censure and suspension for up to 6 months. If the Ombudsman considers that the breach is of a serious category then the report may be forwarded to the Adjudication Panel for Wales who have the power to disqualify a councillor.
