News

Legal action threatened over ‘councillor’s’ status

Published

8 years ago

March 5, 2018

David Boswell: Would he sue the council?

THE COUNCIL’S Legal Department has failed to respond to two pre-action letters sent by solicitors acting on behalf of the local authority’s Labour Group as thedilemma over the future of David Boswell’s membership of the Council has taken yet another turn.

The Herald understands that the Council’s Legal Department now fears that if the Pembroke St Mary North ward was declared vacant, Mr Boswell might have a legal action against the local authority.

That potenital threat is two-fold: firstly, in relation to any change of position on the advice from Monitoring Officer Claire Jones he has relied upon; and, secondly, in respect of the potential prejudice formally removing him might cause to his scheduled trial at Swansea Crown Court.

Had Mr Boswell’s trial taken place as scheduled neither of the above issues could possibly have arisen.
Suspicion is growing among some council members that Council officers were counting on the trial being over to avoid embarrassment over the advice given to Mr Boswell by the officer upon whose advice they are entitled to rely upon as the last word.

However, the legal pressure has grown upon the authority. A letter before potential proceedings has been sent by a firm of solicitors acting for the Association of Labour Councillors.

With their initial letter unanswered, a second letter has now been sent from those solicitors which takes the Council to task both for their failure to respond to a letter marked ‘URGENT’, but also for statements made by the Monitoring Officer to the press and alleged comments made to councillors.

The Herald can confirm that despite receiving both letters, the Council has failed even to acknowledge their receipt at the time we went to press.

To quote the ALC Solicitor letter to the council: “We strongly disagree with your interpretation of this legislation and urge you to declare the vacancy as soon as possible. We do not consider that it is accurate or reasonable to describe a members’ seminar as a meeting of the local authority.”

The Council’s position turns on whether or not seminars for members are council meetings.

If they were Council meetings, the Council’s Legal Department would have been able to provide minutes of those meetings.

Council meetings, at law, are subject to rules in relation to publishing the agenda, setting out the the timetable, clear rules in regards to voting, and minute taking.

None of those apply to a seminar.

And the Council’s Legal Department refused to provide any of the information that define a Council meeting to this newspaper, claiming that it wanted to explain the legal situation to members first.

What that has to do with providing information that – if it exists – would prove the Monitoring Officer’s contention that seminars are meetings is unclear.

The Solicitors’ letter sent to the authority, sets out that position with a stinging rebuke to the Legal Department’s stated position, saying: ‘If it does not sound like a council meeting and it does not act like a council meeting, then it is more than likely not a council meeting’.

And ‘more likely than not’ is the key legal test. Not beyond a reasonable doubt, as in criminal proceedings.

Of course, the Council’s position would be stronger if it did not publish information likely to be of assistance to other potential parties to litigation.

At a meeting in 2011, a key Council committee considered a range of governance issues including member attendance at meetings.

The committee endorsed the position that members’ attendance should be published.

It even set out what meetings would be covered.

‘That the recording period cover each municipal year, and the record apply to attendances at formal Council body meetings (Council; Cabinet; Committees and Sub-Committees)’.

More fundamentally, it ‘suggested that training events/seminars be included in the attendance record’.

The distinction between what the Council then resolved were meetings on the one hand and members’ seminars and training on the other is crystal clear. If seminars were ‘meetings’ under the law, attendance would be recorded as a matter of course.

That is not the whole list of what is in the law covering council meetings. That also includes meetings which councillors attend as representatives of the authority.

However a list of what constitutes a council meeting cannot just be added to as and when a local authority finds convenient. A strong legal position would be that just because a statutory list of ‘meetings’ is not comprehensive (which is a fair reflection of the legal department’s position on the Local Government Act) that does not mean meetings which do not meet the criteria for council meetings can then be called council meetings.

The ridiculousness of the situation is best illustrated by the fact that on Wednesday (Feb 28), Mr Boswell attended a members’ seminar of an authority of which he is quite possibly no longer a member, while no press or public were admitted to the ‘council meeting’, no minutes were kept, and no agenda was published.

Why the Council’s legal department has been so reticent about replying to an urgent solicitors’ letter is a mystery, although no suggestion is made that it is either because council officers are hoping to ‘run down the clock’ in order to forestall taking any action at all or because they are paralysed by indecision.

In an email sent to all county councillors marked ‘CONFIDENTIAL’ in large red letters the Monitoriing Officer forcefully reminds members not to say anything that might jeopardise Mr Boswell’s trial. The Council’s monitoring officer appears also to suggest the Council has advice from ‘Leading Counsel’ (usually a QC) to support its position.

Advice from a barrister, even a leading one, is usually dependent on the content and quality of the instructions sent to one. There is a world of difference between a barrister being asked to advise a client and a barrister being asked to advise how a client might wriggle off a hook of their own making.

There is also a faint suggestion that legal advice obtained by the Council for the benefit of the authority might not be shared with all members. The way in which the email is set out makes it difficult to determine whether the Monitoring Officer would propose releasing advice on a limited basis. In addition, when quoting the Code of Conduct, Ms Jones states that members of a political party should consider whether or not they should declare ‘either a personal or prejudicial interest when speaking and voting’ on business of the authority.

That section of the email appears to be a remarkable attempt to prevent any debate by councillors of the cleft stick the council’s own officers have placed the authority in.

With dire warnings about ‘predetermination’ and ‘recent media stories’, Claire Jones seems to confuse discussing the potential that she might have got it wrong with expressing a view on whether or not Mr Boswell is guilty of the allegations – and that is all that they are – he faces.

The latter, it goes without saying is – quite properly strictly forbidden – the former is not the same thing at all.

Ms Jones’ email warns councillors of the dangers of expressing views as to whether or not she is wrong before an occasion upon which elected members can express a view. However, Ms Jones will know that pre-sentiment is not pre-determination, that councillors are permitted to make their minds up for themselves, and that the purpose of the rules about pre-determination and potential bias, as made clear by guidance given by the Public Services Ombudsman, is not to stifle either political or public discussion of contentious issues.

In addition, seeking advice on whether the Monitoring Officer is herself right or wrong is not predetermination by any means.

News

Older people urged to claim missing benefits as Welsh Government promises fairer system

Published

55 minutes ago

July 2, 2026

Tom Sinclair

Ministers say face-to-face advice is vital, but questions remain over why support is still so difficult to access

OLDER people across Wales are being urged to check whether they are missing out on financial support as the Welsh Government promises to make the benefits system simpler, fairer and easier to use.

Deputy First Minister and Cabinet Minister for Social Justice, Sioned Williams, said ministers want to improve how Welsh benefits are delivered and ensure people can still access face-to-face advice where they need it.

But the announcement comes against a familiar backdrop of rising household bills, low benefit take-up and continuing concerns that many older people are put off by a complicated system split between Welsh, UK and local authority responsibilities.

Ms Williams visited Age Connects Morgannwg’s Cynon Linc on Thursday (July 2), where she met staff and service users to hear how welfare advice is helping older people access support they may be entitled to.

The Welsh Government said the visit highlighted the importance of trusted, community-based advice, particularly for older people who may be less likely to use online services.

It comes as energy bills remain under pressure, with Ofgem confirming a 13 per cent rise in the energy price cap from July 1 for a typical household paying by direct debit.

Welsh Government campaigns have previously warned that large sums in benefits go unclaimed in Wales every year. Earlier this year, ministers said previous winter campaigns had returned more than £10.5m to people across Wales since 2020, including support through Welsh and UK benefits, pensions, care costs and council tax reductions.

Eligible claimants could receive around £1,800 through Pension Credit or save around £800 a year on council tax, according to Welsh Government figures.

Speaking during the visit, Daisy Cole, Chief Executive of Age Connects Morgannwg, said many older people find asking for help the hardest step.

She said: “We are delighted to welcome the Deputy First Minister to Cynon Linc and the opportunity to show why, for many older people, reaching out for support is the hardest step.

“Older people often tell us the greatest difference isn’t simply the financial support they receive, it’s the peace of mind that comes from knowing someone has listened, understands their situation and can help them navigate what can often feel like a complex system.

“No one should miss out on the support they are entitled to because they don’t know where to turn, find the system too difficult to navigate or feel unable to ask for help.

“Peace of mind begins with knowing you don’t have to face things alone. That’s why relationships matter. They give people the confidence to take that first step, knowing someone will listen, understand and walk alongside them.”

The Welsh Government says it wants to work towards a Welsh Welfare System that is simpler and easier to navigate.

Ministers say they will review existing benefits and support schemes to make sure they are having the maximum impact, while also looking at ways to improve take-up.

They also plan to continue pressing the UK Government for greater welfare powers for Wales.

Ms Williams said: “We are working towards a Welsh Welfare System that is simpler, fairer and easier to navigate, making it as straightforward as possible for people to access the financial support they are entitled to.

“That includes improving how Welsh benefits are delivered while ensuring face-to-face advice and help remains available for those who need it.

“Services like Age Connects Morgannwg play a vital role in helping people understand what support is available and giving them the confidence to claim what they’re entitled to, so fewer older people miss out on financial support that could make a real difference to their lives.

“We’re also clear that decisions about welfare are best made as close as possible to the people they affect.

“That’s why we’ll continue to press the UK Government to devolve more welfare powers to Wales, so we can build a system that better reflects the needs and priorities of people here.

“If you think you, or someone you know, may be entitled to financial support, I encourage you to seek advice and find out what help is available.”

However, the challenge for ministers will be turning the promise of a simpler system into practical change for people who already struggle to know what help exists.

A Welsh Government accessibility audit published earlier this year found that only two of Wales’ 22 local authorities referred to the Welsh Benefits Charter on their websites, despite all councils having signed up to it.

The charter was designed to help create a more coherent Welsh benefits system, with an ambition that people should only have to tell their story once to access support.

For older people, the issue is not only whether support exists, but whether it can be found, understood and claimed without stress.

Many key benefits, including Pension Credit, State Pension, Attendance Allowance and Universal Credit, remain the responsibility of the UK Government. Other forms of help, including council tax reduction and some local support schemes, are handled in Wales or through councils.

That split can make the system harder to navigate, particularly for older people who are digitally excluded, isolated, or unsure whether asking for support will affect other payments.

The latest announcement is not the launch of a new benefit, but a renewed commitment to improve take-up and simplify access.

Across Wales, Advicelink Cymru’s Claim What’s Yours advisers can help people check whether they are eligible for extra income and guide them through the claims process.

For free and confidential advice, call 0800 702 2020.

Crime

Haverfordwest woman denies drug-driving allegations in Fishguard

Published

1 hour ago

July 2, 2026

Court Reporter

A HAVERFORDWEST woman is to stand trial after denying two drug-driving allegations.

Sian Brazendale, 48, of Pedwar, Dingle Lane, Crundale, Haverfordwest, appeared before Llanelli Magistrates’ Court on Wednesday, July 1.

She is accused of driving a grey Peugeot on West Street, Fishguard, on October 31 last year when the proportion of benzoylecgonine in her blood was allegedly 800ug/L, exceeding the specified legal limit.

Brazendale is also accused of driving the same vehicle on the same road and date when the proportion of cocaine in her blood was allegedly 67ug/L, again exceeding the specified limit.

Both charges are brought under Section 5A of the Road Traffic Act 1988.

The court list records that Brazendale entered not guilty pleas to both charges on March 17.

The case has now been adjourned for trial at Llanelli Magistrates’ Court on September 17. The trial is expected to last three hours.

Brazendale was remanded on unconditional bail.

Crime

Teenager accused of burglary and assault after Monkton incident

Published

1 hour ago

July 2, 2026

Tom Sinclair

A TEENAGER has appeared in court accused of a burglary and assault following an incident in Monkton, Pembroke.

The youth, who cannot be named for legal reasons, appeared before Llanelli Magistrates’ Court on Wednesday, July 1.

The defendant faces an allegation of burglary of a dwelling with attempted grievous bodily harm, contrary to the Theft Act 1968.

The charge states that on June 23, at Monkton, the defendant is alleged to have entered a dwelling as a trespasser and attempted to inflict grievous bodily harm on a person inside.

The teenager is also charged with assault occasioning actual bodily harm, contrary to Section 47 of the Offences Against the Person Act 1861, relating to the same date and area.

No pleas were recorded on the court list.

The case was adjourned to Haverfordwest Magistrates’ Court for further case management on August 4. A trial has also been listed for August 10.

The defendant was remanded on conditional bail.

Bail conditions include a daily curfew between 8:00pm and 6:00am, a ban on entering specified areas of Monkton, and a condition not to contact two named people either directly or indirectly.

The youth must also comply with intensive supervision by the Youth Justice Team and attend at least two appointments a week as directed.

The defendant cannot be identified because Section 49 of the Children and Young Persons Act 1933 applies.