Ombudsman: Tories question credibility of watchdog review

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Notebook, calculator, documents, pen and magnifierImage source, ANAHIT GEVORGYAN/GETTY

The Welsh Conservatives have questioned the credibility of a review of Wales' public services watchdog after claims of bias against an investigator.

Senior barrister James Goudie KC, who has long-standing links to the Labour Party, will conduct the review.

The investigator, Sinead Cook, resigned from the Public Services Ombudsman for Wales (PSOW) last week.

A spokesperson for the ombudsman said he had not been politically active for over 45 years.

Mr Goudie is a former Labour leader of Brent Council.

He stood for Labour in a parliamentary election in north London in 1974 and is also co-chair of the human rights sub-group at the Society of Labour lawyers, according to the organisation's website.

Ms Cook had been suspended on 29 March prior to her resignation. Up until summer 2023 she had managed the ombudsman's councillor code of conduct team.

She is alleged to have made offensive comments on social media, including one post that used offensive language about Conservatives.

The review will examine cases where Ms Cook and her team decided not to investigate.

But it also emerged on Wednesday that it will not look at cases already investigated.

BBC Wales has spoken to several Welsh councillors who have raised concerns about political bias at PSOW.

The ombudsman, Michelle Morris, investigates complaints made by the public about public bodies and councillors accused of breaking their code of conduct.

Its guiding principles include impartiality and independence.

'Doubts'

Welsh Conservative local government spokesperson Sam Rowlands said: "The appointment of James Goudie KC to lead the review into the public services ombudsman raises serious doubts about its credibility.

"The barrister undertaking this investigation is a former Labour council leader and former Labour candidate.

"How can we expect a review under these circumstances to have the confidence of the public with such a barrister leading it?"

Image caption,

Public Services Ombudsman Michelle Morris has said that "robust checks" ensure investigations have been properly conducted

In response, a spokesperson for the ombudsman said: "James Goudie KC is an eminent independent barrister, has been called to the Bar since 1970 and took silk in 1984.

"He has not been politically active for over 45 years.

"During this time he has worked in public law and local government in Wales and England and has worked for councils of all political persuasion, including those which have been led by Conservative, Labour and independent administrations."

Mr Goudie has also been asked to comment.

KCs, known as QCs during the reign of Queen Elizabeth, are senior barristers. The point where they become KCs is known as "taking silk", named after the silk gowns they wear in court.

'Robust checks'

In a statement on Wednesday, issued before the Conservatives raised their concerns, Michelle Morris said that the review would not include cases which were investigated.

She said there are "robust checks in place to ensure that all investigations have been properly and impartially conducted".

"I have no role reaching a finding as to whether the councillors' code of conduct has been breached, nor in deciding any sanction."

Once investigations by the ombudsman about councillors are completed, she decides whether to the refer the case on to either the councillors' local authority or the Adjudication Panel for Wales (APW).

Councillors are also able to appeal against any decision reached by their local authority's standards committee or the APW.

Ms Morris has already acknowledged that her organisation needed to "rebuild trust".

The Welsh Conservatives have previously called for all cases in which Sinead Cook was involved to be re-examined.

Secretary of State for Wales David TC Davies went further, calling for the ombudsman herself, Michelle Morris, and the office of the PSOW to be replaced.

The ombudsman is a Crown appointment following a recommendation from the Welsh Parliament.