The Standards Committee of Swansea Council met on Friday 17 January 2025, approving amendments to the committee's hearings procedure and noting a consultation from the Public Services Ombudsman for Wales. The meeting also saw discussions regarding the process of informing members of code of conduct complaints.

Review of Standards Committee Hearings Procedure

The committee approved the Standards Committee Hearings Procedure, subject to further minor amendments. These amendments included clarifying that reasonable adjustments should be considered for anybody taking part in the hearing, not just representatives, and specifying that the civil standard of proof would be applied, meaning decisions would be made on the balance of probabilities. Other minor adjustments were made to ensure grammatical correctness and update references, such as changing National Assembly for Wales to Welsh Government.

Public Services Ombudsman for Wales (PSOW) Consultation

The committee noted a consultation from the Public Services Ombudsman for Wales (PSOW) regarding whether an accused member should be informed of a complaint against them before it has been assessed. The PSOW's current view is to withhold this information until after an initial assessment to protect councillors from unnecessary distress and prevent retaliatory complaints.

During the discussion, there was a clear division of opinion between elected members and co-opted members. Councillors Mike Lewis and Oliver James expressed a preference for not being informed of complaints until a decision has been made, citing reasons such as avoiding stress, maintaining blissful ignorance, and the principle of being innocent until proven guilty. They also raised concerns about tit for tat complaints between councillors.

Conversely, co-opted members, including Mark Parkinson, Michaela Jones, and Margaret Williams, argued for transparency and natural justice, believing that the accused member should be informed at the earliest stage. They highlighted the importance of equality of arms and the potential for stress and reputational damage if individuals hear about complaints from third parties. The idea of a differentiated process based on the source of the complaint (e.g., public versus councillor) was raised but met with reservations about potential system frustration and the need for a streamlined process.

Ultimately, the committee did not have to make a decision on the consultation but agreed to provide a response capturing the differing views of elected and co-opted members.

Breach of Code of Conduct - Complaints made to the Public Services Ombudsman for Wales (PSOW)

This item was for information only. Hugh, a representative from the Ombudsman's office, provided an update on complaints made to the PSOW. He clarified that one complaint related to a community council was being investigated, while others were not. No further specific information was provided beyond what was available on the agenda.

Other Business and Committee Vacancies

The meeting also included a discussion about the process for replacing two co-opted members, Margaret Williams and the Chair, who both announced they would be standing down at the end of the municipal year. Hugh outlined the recruitment process, which would involve advertising vacancies, shortlisting, and interviews by a Standards Committee Vacancy Panel, with recommendations to be made to the full council. He emphasised the need for committee members to help share the advertisements widely to attract sufficient applicants.