Council must consider impact on Welsh Language in all policy decisions relating to its community property stock, Tribunal affirms

The Welsh Language Tribunal has dismissed Swansea Council's appeal of a report from the Welsh Language Commissioner, which found the local authority had failed to consider the impact of the sale of an ex-school site on the Welsh language.

The decision affirmed the Commissioner’s findings that the council must establish a robust process for ensuring that any policy decisions taken relating to the management of its community property stock are subject to a Welsh language impact assessment.

The dispute began after the Commissioner conducted an investigation that determined the council had failed to comply with Standards of the Welsh Language Standards (No 1) Regulations 2015 by failing to consider the impact on the Welsh language of its policy decision to sell a school site and not to retain it for community use.

The Commissioner described the sale of Ysgol Gynradd Gymraeg Felindre (YGG Felindre) as "a strategic high-level decision exercising statutory powers of selling property" and, as such, a decision which fell within the Welsh Language Standards Regulations definition of a policy decision. But the investigation found that the council had not carried out a public consultation or an assessment of the impact of the sale of the property on the Welsh language.

Following this, the Commissioner took enforcement action that stated that "any strategic planning decision relating to the management of [the council's] community property stock" should be subject to a Welsh Language Impact Assessment.

It also required the council to "ensure that any decisions relating to the use of using statutory powers to sell community property are subject to a Welsh language impact assessment".

On appeal to the Welsh Language Tribunal, the council argued that no new policy decision had been made in regards to the transfer and that the Welsh Language Standards did not apply to the situation.

The Tribunal dismissed the appeal late last month (27 July 2022) and affirmed the decision of the Commissioner.

The Tribunal found that the decision taken by the council to transfer the school from public to private ownership and to dispose of it as a community asset was a policy decision and that the Welsh Standards (No. 1) Regulations 2015 do apply to it.

However, the Tribunal amended the first enforcement to read: "The council must establish a robust process for ensuring that any policy decisions taken relating to the management of its community property stock are subject to a Welsh language impact assessment as prescribed by Standards 88, 89 and 90."

It also found that the second enforcement action should be amended to read: "The council must establish a robust process for ensuring that any policy decisions taken relating to the use of statutory powers to sell community property are subject to a Welsh language impact assessment as prescribed by Standards 88, 89 and 90."

The Deputy Welsh Language Commissioner, Gwenith Price, said the Tribunal's decision "confirms our position and means the council must ensure it acts as it should and in line with the Welsh Language Standards".

She added: "The judgment is important as the Tribunal confirmed that a policy decision means more than a written document and includes decisions relating to the conduct of an organisation's business, such as the management of community buildings, restructuring services, and school closures. This case sets an important precedent and organisations should give the outcome careful consideration. I intend to correspond with public sector bodies to ensure that they are aware of the decision and to help them to improve where necessary."

Fflur Jones, Darwin Gray's Managing Partner, who represented the Welsh Language Commissioner said: "We're very glad to receive the Welsh Language Tribunal's decision rejecting the appeal brought forward by Swansea City Council against the Commissioner. The decision emphasizes how important it is for Local Authorities to hold a detailed and full assessment into the potential effect that the disposal of a community asset can have on the Welsh language. The Tribunal's decision and its focus on what constitutes a 'policy decision' is also an important precedent for other local authorities in respect of how to deal with such matters in the future."

City and County of Swansea Council has been approached for comment.

Adam Carey