I have today submitted, to the PSOW, an Own Initiative Wider Investigation into the Maladministration at Merthyr Council.
Response from Own initiative Team
Dear Mr Jones
I wish to acknowledge receipt of your suggestion for a wider own initiative investigation.
Your suggestion will be added to a list of potential ideas for consideration as a topic for a wider own initiative investigation. We do not require any further information or evidence from you at this stage. If it is decided to pursue your suggested topic as an own initiative investigation, you will be approached to provide updated information at that stage.
Please note that the submission of a suggestion for an own initiative investigation does not guarantee that an investigation into your suggested topic will be completed.
The Ombudsman’s power to conduct wider own initiative investigations is a power that is used sparingly, but effectively, to investigate a problem that is or may be widespread.
I wish to thank you for your interest in the Ombudsman’s own initiative investigations.
Own Initiative Wider Investigation
“The governance practised by the Senior Officers of Merthyr Council is not in compliance with the Council’s Constitution.
There are serious failures with their record keeping.
They are misleading the elected members.
They suppress key reports, for example, the Audit Wales Report on the Review of Whistleblowing Arrangements relating to Safeguarding at Merthyr Council.
This is just one report that has never been presented to the Full Council or any other committee for discussion.
Their Factsheet on Record Keeping states that examples of flawed or inadequate record-keeping will include the following:
•where a public body has failed to record sufficient information as required by specified guidelines;
• where a public body has failed to adequately record the reasons for some of the decisions or actions it has taken;
• where there is evidence of falsification or tampering with records.
It is my belief that the Merthyr Council’s unconstitutional governance practices fall within these categories.
A further example of their maladministration is the failure to present minutes of Committee Meetings for approval to the next committee as required by the Constitution.
The minutes of Committee Meetings are presented to the Full Council for approval.
Merthyr Council is the only Council in Wales that follows this practice of bad governance.
The Monitoring Officer’s explanation for following this practice is :
“The reason why the minutes are approved at this meeting is because that is the way they get entered into the Council’s formal records.
So, it’s not approval on the basis of the people who were present at the meeting approving the minutes it’s a way of ensuring that they are entered into the Council’s formal record so we then comply with the Council’s Constitution which allows us to record actions and decisions made at formal meetings within the Council agenda so that’s the reason why it’s done like that”.
The Constitution states that the agendas and the minutes of meetings ARE the Formal Record.
There is no constitutional requirement for the Full Council to approve minutes of committee meetings as a correct OR indeed to RESOLVE that said minutes be entered into the Council’s formal record.
For more information, you can visit my blog website
https://merthyrcouncilcoverupblog.home.blog/
Factsheet on Own initiative Wider Investigations
Hyperlink to PSOW Factsheets
https://www.ombudsman.wales/fact-sheets/
Hyperlink to PSOW Factsheet on Record Keeping
Various other – Record Keeping
Merthyr Council Cover-up 