Agenda and minutes

Appeals Committee - Monday, 20th March, 2023 9.45 am

Venue: Multi-Location - Committee Room 2, SS - 3, Spilman Street, Carmarthen. SA31 1LE.. View directions

Contact: Kevin Thomas  01267 224027

Media

Items
No. Item

1.

APOLOGIES FOR ABSENCE.

Additional documents:

Minutes:

An apology for absence was received from Councillor D Owen

2.

DECLARATIONS OF PERSONAL INTEREST.

Additional documents:

Minutes:

Councillor

Minute Number

Nature of Interest

D. Jones

6 – To consider an appeal against dismissal – Communities Department

Has met the two witnesses in a professional capacity only

 

3.

TO SIGN AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON THE 17TH MARCH 2022 pdf icon PDF 82 KB

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting held on the 17th March, 2022 be signed as a correct record.

4.

ANY OTHER ITEMS OF BUSINESS THAT BY REASON OF SPECIAL CIRCUMSTANCE THE CHAIR DECIDES SHOULD BE CONSIDERED AS A MATTER OF URGENCY PURSUANT TO SECTION 100B(4)(B) OF THE LOCAL GOVERNMENT ACT, 1972.

Additional documents:

Minutes:

There were none.

 

5.

NOT FOR PUBLICATION

THE REPORT RELATING TO THE FOLLOWING ITEM IS  NOT FOR PUBLICATION AS IT  CONTAINS EXEMPT INFORMATION AS DEFINED IN PARAGRAPH 12 OF PART 4 OF SCHEDULE 12A TO THE LOCAL GOVERNMENT ACT, 1972 AS AMENDED BY THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) (VARIATION) (WALES) ORDER 2007. IF FOLLOWING THE APPLICATION OF THE PUBLIC INTEREST TEST THE COMMITTEE RESOLVES PURSUANT TO THE ACT TO CONSIDER THIS  ITEM IN PRIVATE, THE PUBLIC WILL BE EXCLUDED FROM THE MEETING DURING SUCH CONSIDERATION.

Additional documents:

Minutes:

RESOLVED that pursuant to Paragraph 13 of Part 4 of Schedule 12A of The Local Government Act 1972, the public be excluded from the meeting during consideration of the following items as the reports contained exempt information and the outcome of the public interest test in these matters was that:

“The reports contained personal information relating to the applicants. Although disclosure would support transparency and accountability, the public interest in maintaining confidentiality outweighed the public interest in disclosure because of the need to protect the identities of the applicants and their families”.

6.

TO CONSIDER AN APPEAL AGAINST DISMISSAL - COMMUNITIES DEPARTMENT

Minutes:

Following the application of the public interest test it was UNANIMOUSLY RESOLVED pursuant to the Act referred to in Minute No. 5 above to consider this matter in private, with the public excluded from the meeting, as it would involve the disclosure of exempt information likely to reveal the identity of an individual.

 

The public interest test in this matter related to the appellant’s name and other personal details, being personal data as defined in Section 1 of the Data Protection Act 1988.  The issue to be considered by the Committee was not a matter of public interest.  Disclosure of the information in the report would be unfair and run contrary to the appellant’s right to privacy.  On balance, therefore, the public interest in disclosure was outweighed by the public interest in maintaining confidentiality of the report.

 

The Chair welcomed to the meeting the appellant together with the Commissioning Officer and appointed Investigating Officer and outlined the protocol which would be followed in hearing the appeal (copies of which were included in the agenda pack).

 

The Committee thereupon proceeded to receive evidence from the Commissioning Officer and the appellant. Both parties were afforded the opportunity of cross-examining the evidence provided and to sum-up, following which they withdrew from the meeting whilst the Committee considered the evidence and representations made.

 

The Committee, having considered all the evidence presented, together with the representations made by the appellant and the Commissioning Officer

 

RESOLVED that the appeal be upheld, and the appellant be advised in writing of the full adjudication.