A councillor drove at a council contractor and two young people causing one of them bodily harm and appeared in court. Caryl Vaughan, a community councillor has since resigned as a councillor after receiving a suspended prison sentence for causing bodily harm by wanton and furious driving.
A report published by the Ombudsman says that the councillor joined Llansantffraed Community Council on May 7, 2019, and three days later was involved in an incident with a private individual who was a council’s contractor. She drove her car at speed on private land at while he was undertaking his duties for the council. "Her car struck two minors during the incident; at least one suffered bodily harm. The evidence suggests the contractor and the minors were distressed by what had occurred," the report says.
On October 14, 2020, she was sentenced to a suspended sentence of 10 weeks’ imprisonment, and her driving licence was endorsed with eight penalty points; she was also required to pay a victim surcharge of £128. However, the sentence fell short of automatic disqualification from the office of councillor. You can see the coverage of the court case here. The court had been told the incident took place in Llanon in Ceredigon in May last year, after Vaughan's mother became involved in an argument with a man who was cutting back a field hedge on behalf of the local community council.
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The mother walked off and made a phone call on her mobile, and shortly afterwards Vaughan appeared in her 4x4. The court heard as the defendant sped across the field two children appeared, walking their dogs along a footpath. Vaughan tried to brake but lost control and crashed in a gate and fence post, effectively trapping the youngsters on the path.
The court heard barbed wire from the fence scratched the leg and stomach of one of the teenagers. Vaughan then got out of the pickup and shouted at the children "Get the f*** out of the way" before trying to stop people taking a photograph of the number plate of her 4x4.
In an impact statement made during his interview one of the youngsters said he was "very scared" because the speeding pickup coming towards him had been unable to stop. He said he now felt more nervous around vehicles.
After media reports of her conduct, she resigned as a councillor on December 22, 2020. She sought advice from the council clerk, Denfer Morgan, but did not report her own conduct to the Monitoring Officer or the Ombudsman. The other councillors also did not report her possible criminal offence to the Ombudsman, following advice from the Clerk which made no reference to the requirement to do so under the code of conduct.
When it was reported, she emailed the Ombudsman refusing to attend an interview. Her email read: "I wish not to attend the interview as its a busy time for me with work commitments and unable to find time that would be adequate for the interview. I would like to draw a line underneath it all and move forward. I joined the parish council to have a young voice representing the village and after discussing with the clerk and other people was better to resign to avoid the interviews as for me would feel more pressure and would not be worth the worrying and stress." She declined another request to speak to the ombudsman.
In his report, the ombudsman said former Cllr Vaughan did not resign after the event, and did not self-refer her actions for him to consider. "It was pointed out that it was not until there was adverse local publicity, sometime after she was sentenced, that former Cllr Vaughan resigned her post; the Ombudsman submitted that this indicated a lack of recognition of the seriousness of her actions and the impact her behaviour and conviction might have on the reputation of her office and the Council. He said it raised also concerns about former Cllr Vaughan’s fitness to hold public office."
He also found there had been "unclear advice" from the clerk but that given the "nature of the criminal offence involving the contractor, the impact upon the minors hurt in the incident, and the publicity surrounding the incident which refers to the Council indicated that former Cllr Vaughan’s actions may have brought her office and the council into disrepute. The Ombudsman submitted that a reference was necessary and in the public interest as currently former Cllr Vaughan could stand for re-election or be co-opted onto a relevant authority."
The tribunal found Cllr Vaughan resigned not because she had brought the office of councillor into disrepute or had behaved in a "thoroughly reprehensible way towards the contractor, but to avoid the Ombudsman’s investigation".
A Adjudication Panel for Wales tribunal found there was a failed to comply with the code of conduct and that her actions brought the office of councillor into disrepute but not the council as a whole. However it did make comments about Mr Morgan and that he failed to tell members about the requirements of the code and he had initially advised the former councillor she did not need to refer the matter to the ombudsman, nor did he tell other council members of their obligation to report the possible conduct of another member "even after former Cllr Vaughan pleaded guilty. This omission is wholly unexplained".
The case tribunal said it had considered all the facts of the case and in particular the seriousness of the breach of the code of conduct and former Cllr Vaughan’s persistent failure to engage with either the Ombudsman or the APW. It unanimously concluded Cllr Vaughan should be disqualified for 12 months from being or becoming a member of Llansantffraed Community Council or of any other relevant authority within the meaning of the Local Government Act 2000. It also recommended all current councillors attend training within three months about the code of conduct.
Current ombudsman MIchelle Morris said: "We hope that lessons will be learned from this case. On that note, it is especially helpful that the Panel also recommended that all Councillors of the Community Council and the Clerk should attend training on the Code to ensure they understand its provisions, including paragraph 6(1)(b)."
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