Councils admit breaching Welsh Language Standards but no formal investigation launched

Amelia Jones

A campaigner has criticised the lack of formal enforcement after two Welsh councils admitted breaching the Welsh Language Standards when responding to a Freedom of Information request.

Aled Robert Thomas from Penarth lodged a complaint with the Welsh Language Commissioner after receiving responses in English only to Freedom of Information requests that he had submitted in Welsh to the Vale of Glamorgan Council and Newport City Council.

Both councils acknowledged that a failure had occurred. However, the Welsh Language Commissioner decided not to open a formal investigation, stating that the councils had taken voluntary steps to improve their internal procedures.

Mr Thomas subsequently appealed the decision to the Welsh Language Tribunal.

In a ruling published this week, the Tribunal refused permission for the case to proceed, stating that the application had “no reasonable prospect of success” and noting that the councils had already taken steps to address the issue.

Mr Thomas has expressed disappointment at the outcome, he said: “It is concerning that a breach of the Welsh Language Standards can be acknowledged without any formal investigation taking place.

“The Welsh Language Standards exist to guarantee the public’s right to use Welsh when dealing with public bodies. If those Standards are breached, there should be clear accountability. Otherwise, it risks sending the message that compliance with the Standards is optional.:

He added that the case raises wider questions about how breaches of the Welsh Language Standards are enforced in practice: “When failures occur, it is important that the system demonstrates clearly that Welsh language rights are being protected and taken seriously.”

Mr Thomas said he will continue campaigning to strengthen Welsh language rights and ensure that public authorities comply fully with their statutory language duties.

When asked for comment, a Welsh Language Commissioner spokesperson said: “The Welsh Language (Wales) Measure 2011 provides individuals with a statutory right to apply to the Tribunal for a review of certain decisions taken by the Commissioner, including decisions as to whether or not to investigate a complaint.

“The Tribunal has previously confirmed that the Commissioner has discretion when exercising these statutory functions.

“In this case, the Commissioner considered the circumstances carefully and took account of the fact that the councils acknowledged the failure and had taken steps to improve their procedures.

“The Commissioner respects the Tribunal’s role and any decisions it makes and will always act in accordance with those decisions.

“The Commissioner’s approach to regulation is focused on securing compliance with the Welsh Language Standards and improving outcomes for Welsh language users, using proportionate and appropriate regulatory action in each case.”

Speaking on behalf of Vale of Glamorgan Council, Cllr Rhiannon Birch, Cabinet Member for Education, the Arts and the Welsh Language, said: “We were notified by the Welsh Language Commissioner in December 2025 that a complaint had been received regarding an FOI response that was not issued in Welsh as requested. The matter was reviewed immediately, and it was confirmed that the response had been sent in English due to a one-time human error.

“We have established processes in place to record language preference and respond in line with our Welsh Language Standards. Following the incident, the guidance was reiterated with the relevant team to help prevent it happening again in the future.

“The Welsh Language Commissioner was satisfied that this was an isolated error rather than a systemic issue and decided not to investigate further. We remain committed to meeting our Welsh Language Standards and respecting language preferences in our communications.”

Newport City Council has been asked for comment.