THE GOOD COUNCILLOR'S GUIDE 2018 - Brixham Town Council
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2018 THE GOOD COUNCILLOR’S GUIDE
2018 The Good Councillor’s guide 3
This guide introduces the work of
local councils and the part you play
as a councillor in the tier of local
government closest to the people.
You will also find it a useful reference.
It is divided into five parts to help
you find your way as a new, or even
as an experienced, councillor.4 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 5
WELCOME
Sue Baxter IT GIVES ME GREAT PLEASURE to introduce the If you are not yet a councillor, but are thinking of putting
Chairman of the National Improvement Strategy publication The Good yourself forward, I encourage you to read this guide
National Association Councillor’s guide – This revised edition is a welcome and to contact your local council to find out how you
of Local Councils and much needed resource and essential guidance might get involved. Whilst ordinary elections take place
primarily for new councillors but also for those every four years there are still frequent opportunities to
thinking about becoming a local councillor. become a local councillor when vacancies arise so I urge
you to keep abreast of these windows of opportunity.
If you are reading this guide as a new councillor I
congratulate you on joining the council and thank you Engaging in learning, training and development will be
for taking up a civic office that can make a real difference essential in gaining experience; reading this guide is the
to the community that your council represents. Now first step in this process. You should also contact your
that the excitement of being elected or co-opted county association of local councils to find out more
has subsided you may well be wondering what you about what is available to you in terms of developing
have done and perhaps feel a little daunted by the your skills and knowledge.
responsibility you have taken on. You are now part of the Being elected as a councillor does not mean you are
democratic framework of the country representing the expected to have all the solutions for your community
interests of your community within a broad landscape of but through experience and expanding your grasp of
national governance.This guide will help you understand your role you will be better placed to deal with the range
more about your role and the difference you can make. of issues that arise.
The Localism Act 2011 is an important part of The time ahead will be challenging, exciting and at times
Government’s ambitions to devolve power to the frustrating. As you benefit from training, gain experience
local level. It provides some helpful tools for local and build your confidence, you will have the personal
communities and councils to act on communities’ needs satisfaction of knowing you and your council have
and aspirations. For these reasons it is more important made a difference. I hope you enjoy working with your
than ever to engage with your community in a positive community by serving your local council.
and proactive way. This is no time to sit on the fence
or offer views from the side lines. Local councils need I wish you every success and I am confident that
active, interested and committed people to serve and this guide will help you to develop your role as a
get involved in their work. The new section on the good councillor.
‘community rights’ introduced by the Localism Act
outlines ways in which your council might do this.6 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 7
OVERVIEW
ONE – WHERE ARE YOU HEADING? 10 FOUR – DELIVERING THE GOODS 40
Part One introduces what you can do as a councillor and This is about action for local people. We consider the delivery
what your local council can achieve. It points you in the right of services and community rights, review your council’s role
direction so that you can serve your community. in the planning system including neighbourhood plans and
introduce parish plans and the Local Council Award Scheme.
T WO – DUE CARE AND AT TENTION 16
Here we set out the rules of what you must, or must not do, FIVE – THE TOOLBOX 54
as a council, councillor, employer and financial manager. Finally we provide useful ideas for your councillor’s toolbox
If you and your council understand the law, then you can including danger areas, useful publications, links, documents
act with confidence. and contacts for advice.
THREE – GET TING UNDER WAY 32 THE INDEX 70
We examine what happens at council meetings. Decisions The index provides a quick reference when you need to
taken at meetings drive the actions of the council and the best know something in a hurry.
meetings are productive, professional – and never too long!
Although the first tier of local government includes town
and parish councils and now some city, community, village
and neighbourhood councils, the term ‘local council’ is
used throughout.
Chairman is the term used in legislation and applies to
holders of this post irrespective of gender.
Occasionally we explain phrases in a jargon buster box at the
end of a section. These words are also highlighted in the text.8 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 9
WHERE ARE YOU HEADING? Your council is an elected body in the first tier of local
government. Other tiers, known as principal councils or
authorities, have many legal duties to deliver services
such as education, housing, town and country planning,
transport, environmental health and social services.
Local councils have the legal power to take action,
but they have very few duties and greater freedom to
choose what action to take. They can play a vital part
COUNCILLORS in representing the interests of the communities they
serve and improving the quality of life and the local
If you are a councillor, you are over 18 and a qualifying
environment. Furthermore they influence other decision
citizen of the Commonwealth, the European
makers and can, in many cases, deliver services to meet
Community or the Republic of Ireland.
local needs. In other words, you and your council can
You are one of over 80,000 local councillors in England. make a difference.
You will be held accountable by local people for things
that happen locally. So why get involved? You almost
certainly want to do something positive and, like most WHAT DOES YOUR COUNCIL DO?
councillors, you hope to make a difference by influencing Community safety, housing, street lighting, allotments,
decisions that affect your community. cemeteries, playing fields, community centres, litter, war
memorials, seats and shelters, rights of way and some
Did you stand for election? Was there a vote, or were aspects of planning and highways – these are some of
you returned unopposed? Perhaps you were co-opted. the issues that concern parish government.
Some councillors represent a political party and others
are independent of party affiliations. Whichever route
you take to becoming a councillor, once you formally
accept the office, it usually makes no difference; you
are councillors working together in the council to serve
your community. Your task is to bring local issues to the
attention of the council, and help it make decisions on CO-OPTION
behalf of the local community. The council chooses someone to fill a vacancy if insufficient
candidates are proposed for seats at an election. An ordinary
THE COUNCIL election occurs every four years but there may be an
election when a seat falls vacant at other times. In addition,
Your council is a corporate body, a legal entity if a vacancy occurs between elections (for example, by
separate from that of its members. Its decisions are the the resignation of a councillor), the council must generally
responsibility of the whole body. The council has been publicly notify the vacancy and if no poll is claimed co-opt.
granted powers by Parliament including the important It is better for democracy if councillors are elected rather
authority to raise money through taxation (the precept) than relying on co-option, so they can be confident that the
and a range of powers to spend public money (more later). council is the community’s choice of representatives.10 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 11
Central Government is encouraging local councils to A typical local council represents around 2,700 people
deliver more services and play a greater part in their but some have much larger populations. Shrewsbury
communities. Town Council, created in 2009, serves over 72,000
people, which is more than some small counties. These
For example your council could provide or give financial
considerable differences are reflected in annual spending
support for:
which might range from under £1000 to £4 million. It is
• an evening bus taking people to the nearest town important that you know how much your council spends
each year. In 2014/15 local councils raised £445 million in
• affordable housing to rent
council tax and spent over £500 million.
• pond clearing
The diversity of local councils is their strength. Each
• redecorating the community centre can make a unique response to the needs of their
community with a sensitivity that is more difficult for
• a teenagers’ drop-in club
principal authorities to achieve.
• a summer festival
• equipment for a children’s activity group PULLING TOGETHER
• transport to hospital. Diversity often arises because councillors have different
backgrounds, enthusiasms and interests. We should
Projects like these may be a challenge and need hard celebrate this. Councillors have different skills and
work and commitment – but they are achievable. Of attitudes; for example, some work with ideas while
course, your council could always decide to do very little; others are very practical; some like accounts while others
but local residents might then wonder why the local prefer reports. The local council needs a range of skills
council exists at all. to work as a team.
Your chairman has the role of team leader for council
DIVERSITY IS A STRENGTH meetings (see Part Three) while your clerk is also a
There are around 9,000 local councils in England and they vital team member. The clerk provides advice and
are growing in number, especially as councils in urban administrative support, and takes action to implement
areas are established. Most local councils were set up council decisions. The clerk may have to act as a project
in 1894 by an Act of Parliament. This created the civil manager, personnel director, public relations officer or
parish, separating it from the church after its long history finance administrator. The clerk is not a secretary and
of delivering local services such as care for the poor, is not at the beck and call of the chairman or other
maintenance of roads and collecting taxes. In 2007, the councillors; the clerk is answerable only to the council
Government brought in legislation to allow local councils as a whole. The clerk is the proper officer of the council
in London, not permitted since the 1960s. The first local in law. Legally councils can delegate decisions to clerks
council in London, Queen’s Park, was approved in 2012 because they are trusted professional officers whose
and came into being in 2014. In the first decade of the objectivity allows them to act for the council.
21st century around 200 new councils were created.
The best councils will have a clerk and councillors who
work as a team to provide a service for the community.12 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 13
A corporate body has a legal existence separate from As a councillor, you have a responsibility to be well-
that of its members. It can own land, enter into contracts informed, especially about diverse local views. You
and be subject to court proceedings. It is responsible for cannot assume that you represent the interests of all
its actions as a body. your electors without consulting them.
Delegation is the act of authorising an officer, a The tried and tested tools noted below are just some
committee, a sub-committee or another council to make ways in which people can express their hopes and wishes
a decision on the council’s behalf. Delegation must be for the community. They provide valuable opportunities
formally agreed by the full council. for local people to identify features of the parish that
need improving or are worth protecting. They stimulate
Duties are legal obligations – actions that a council must
discussion; they inform the decision makers and usually
take by law. Powers are contained in legislation and
lead to action.
permit actions to be taken at the council’s discretion.
Surveys and questionnaires give residents, including
The precept is the local council’s share of the council tax.
children, an opportunity to express their views about
The precept demand goes to the billing authority (the
where they live. The response rate from households
district council or equivalent) which collects the tax for
can be impressive – usually over 50% – and in smaller
the local council
communities, with personal delivery and collection, it
Principal councils or authorities are other local can reach 90%.
government bodies, including county councils, district,
Design Statements involve communities in a review
boroughorcitycouncils,metropolitanandunitarycouncils.
of the built and natural environment of their area. The
Proper officer is a term used in legislation to mean the published results can be used by your principal authority
officer assigned to a particular task. In local councils this to help make planning decisions (see Part Four).
officer is normally the clerk.
A Parish Map can be a creative exercise; for example,
it might be a painting, tapestry or model of the parish.
YOUR COMMUNITY People identify local features that matter as they work
on the map.
The job of your council is to represent the interests of
the whole community. Community conferences or workshops provide more
opportunities for bringing people together to talk about
Understanding the needs of different groups in the the future of the parish.
community (such as young and elderly people) is an
important part of your role as councillor. Community (Parish or Town) Plans might be led by the
local council, drawing in community groups, residents
Occasionally there will be a conflict of interest requiring and others, to produce an action plan for improving the
sensitive judgement; for example, dog owners, parents local quality of life and the environment. These plans
of young children and walkers might disagree about use can be based on the findings of a variety of consultation
of the village green. Making difficult decisions, in an open exercises and can form the basis of neighbourhood plans
and reasoned way, is something that local councils need (see Part Four).
to do well.14 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 15
In addition to helping your council identify real NOTES
improvements, the process of using tools like these can
strengthen people’s sense of purpose and belonging.The
process is as important as the product or the end result.
You should, of course, use the knowledge you have
already as a basis for decisions on behalf of your
community, but these tools help you to become even
better informed and give a stronger mandate for action.
The results of community consultation help you to:
• speak on behalf of your community with greater
confidence especially in discussions with principal
authorities
• provide services and facilities, especially where there
is no other provider or the local council can secure
better value for money
• support community action and services provided by
others; the council can offer buildings, staff expertise
and funding to get local projects off the ground
• work in partnership with community groups,
voluntary organisations and other local authorities,
including neighbouring local councils, to benefit the
community.
For many people, it is the satisfaction of acting on
behalf of their local community that encourages them
to become councillors. The next challenge is to make
sure that the council acts properly in achieving what
it sets out to do. It must proceed with due care and
attention to the law. Part Two introduces the rules
that guide your council – not as glamorous as action,
but vital to its success.16 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 17
DUE CARE AND AT TENTION Councils who are not eligible to use the general power
of competence can undertake an activity only when
specific legislation allows it. There is a useful list of
activities and specific legal powers in Part Five of this
guide. Acting without the legal power is an unnecessary
risk which could lead to financial and legal difficulties.
The good news is that there are lots of sources of advice.
Start by asking your clerk whose job includes giving
THE RULES
advice to the local council. Your clerk will have access to
What can you do? What must you do? What must you a county association (Association of Parish and Town, or
not do? The rules may not be exciting, but without Local, Councils) for advice on legal and financial matters.
understanding them your council could run into trouble. If your clerk is a member of the Society of Local Council
Clerks, they will have access to additional guidance.
• A council must do what the law requires it to do.
If you identify barriers in legislation, national policy or
• A council may do only what the law says it may do.
the workings of government, you can let the Ministry
• A council cannot do anything unless permitted for Housing, Communities and Local Government
by legislation. (MHCLG) know via the GOV.UK website at gov.uk/
government/publications/sustainable-communities-
The crucial question is – does the council have a legal
act-and-barrier-busting
power to act? A council must always ask this question
when making a decision, especially if it involves
public money. SO WHAT MUST YOU DO AS A COUNCIL?
In April 2012, the Government introduced the general The law gives local councils choice in activities to
power of competence for eligible local councils. The undertake; but surprisingly there are very few duties, or
general power of competence is designed to make it activities that they must carry out in delivering services
easier for eligible councils1 to act. It is intended to permit to local people. Exceptions are that a council must:
eligible local councils to do anything that an individual • comply with its obligations under the Freedom of
might do, as long as other legislation does not forbid it. Information Act 2000, the Data Protection Act 1998
This could include, for example, the development of land and the Equality Act 2010
for residential or commercial purposes.
• publish certain information such as annual accounts,
The general power of competence enables local councils notice of meetings, agendas and meeting notes
to respond more effectively to their communities’ needs,
encouraging innovation and assisting in shared service • comply with the relevant Local Government
delivery. However, you must check with your clerk to Transparency Code (see further details on page 26)
make sure you are acting appropriately. If the council comply with employment law
does something which is not permitted by legislation • consider the impact of their decisions on reducing
(even if it would be popular with the community), then crime and disorder in their area
the council could face a legal challenge that it acted
beyond its powers.18 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 19
• have regard to the protection of biodiversity in and report the proceedings of public meetings. Equality
carrying out their functions consider the provision legislation reminds the council that it must make its
of allotments if there is demand for them from meetings accessible to anyone who wishes to attend.
local residents and it is reasonable to do so decide
Similarly the Freedom of Information Act 2000 requires
whether to adopt a churchyard when it is closed, if
the council to have a publication scheme explaining how
asked to do so by the Parochial Church Council.
certain types of council information are made available.
Your local council also has a duty to ensure that all the
If you are beginning to think there are too many rules,
rules for the administration of the council are followed.
remember that they protect people’s rights (including
The council must:
yours) and give confidence that the council is properly run.
• appoint a chairman of the council
• appoint officers as appropriate for carrying out its RULES FOR COUNCILLORS
functions
You cannot act as a councillor until you have signed
• appoint a responsible financial officer (RFO) to a formal declaration of acceptance of your office.
manage the council’s financial affairs; the RFO is often You must sign it at or before the first council meeting
the clerk, especially in smaller councils following your election or co-option in the presence
• appoint an independent and competent internal of another councillor or the clerk. Failure to sign means
auditor — see below you cannot continue as a councillor, unless you were
given permission to sign later.
• adopt a Code of Conduct — see below
As a councillor you have a responsibility to:
• hold a minimum number of four meetings per year,
one of which must be the Annual Meeting of the • attend meetings when summoned to do so; the
Council — see below. notice to attend a council meeting is, in law, a
summons, because you have a duty to attend
These rules are set out in law to guide the procedures of
the council and your council can add its own regulations. • consider, in advance of the meeting, the agenda and
Together these rules make up standing orders as formally any related
agreed by your council (see Part Three). If you discover • documents which were sent to you with the
that your council does not have its own (non-financial) summons
standing orders don’t panic; this is unwise, but duties
set out in statute, such as appointing a chairman and • take part in meetings and consider all the relevant
a proper officer, still apply. The National Association facts and issues on matters which require a decision
of Local Councils (see Part Five) provides model including the views of others expressed at the
standing orders. meeting
Council, committee and sub-committee meetings must • take part in voting and respect decisions made by
generally be open to the public and the Openness of the majority of those present and voting
Local Government Bodies Regulations 2014 mean that • ensure, with other councillors, that the council is
councils must allow members of the public to record properly managed20 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 21
• represent the whole electorate, and not just those Alternative models are also available from your
who voted for you. principal authority or from the MHCLG website.
You should ask to see your council’s code of conduct
COUNCILLORS’ CONDUCT AND INTERESTS to ensure that you are aware of your responsibilities and
There seven Nolan principles apply to the conduct of any personal disclosure requirements.
people in public life. They are:
Selflessness – you should act in the public interest COUNCILLORS’ INTERESTS
As a councillor, you must abide by rules that apply to
Integrity – you should not put yourself under any
the disclosure of some business or financial interests.
obligations to others, allow them improperly to influence
These are called “disclosable pecuniary interests” or
you or seek benefit for yourself, family, friends or
“DPIs”. DPIs include your employment, ownership of land,
close associates
and business interests in your parish. Other interests
Objectivity – you should act impartially, fairly and are usually non-pecuniary or personal interests. Your
on merit council’s code will establish what actions you must
take for personal interests.
Accountability – you should be prepared to submit
to public scrutiny necessary to ensure accountability You must disclose to your principal authority’s
monitoring officer any DPIs and any other disclosable
Openness – you should be open and transparent in your
interests that are referred to in your council’s code of
actions and decisions unless there are clear and lawful
conduct within 28 days of becoming a member of the
reasons for non-disclosure
council. The monitoring officer will make a register of
Honesty – you should always be truthful your interests available to the public – usually on the
principal authority’s website. This rule on disclosure also
Leadership – as a councillor, you should promote,
applies to your spouse, civil partner or cohabitee, as
support and exhibit high standards of conduct and be
if their interests were yours. You should be aware that
willing to challenge poor behaviour.
the register of interests does not distinguish between
a councillor’s interests and those that are held by
CODE OF CONDUCT your partner.
Each local council must adopt and publicise a code If the monitoring officer decides that, by making a
of conduct that is in line with the Nolan principles. disclosable interest public, you might be subject to a
The code should deal with councillors’ obligations about threat of violence or intimidation the fact that you have
their conduct including the registration and disclosure the interest can be registered without details of the
of their interests (see below). Complaints about council- interest. This is known as a sensitive interest.
lors’ conduct are dealt with by the principal authority.
You should give a copy of your register of interests
The National Association of Local Councils has to your clerk for your council’s website.
developed a template code of conduct2 specifically for
parish councils, which covers these issues. Your council If an agenda item relates to one of your DPIs – such as
is not obliged to use this template. the expansion of a supermarket chain in which you own22 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 23
shares – you must not participate in the discussion or employer. It is most important for the council to ensure
vote. You must withdraw if your council’s standing orders that all staff have a written contract of employment.
say so. Also, if the interest has not been registered with Employees should be paid (as a minimum) the minimum
the monitoring officer, you must disclose the interest at wage, or the national living wage for workers aged
the meeting (or, for sensitive interests, disclose the issue 25 and over. You should note, however, that when
but not the detail). You must then notify the monitoring councillors occasionally act as clerk, they cannot be
officer within 28 days of the meeting. paid. In fact, councillors cannot be appointed to any
paid employment in the council whilst they remain a
The declaration of interests at meetings is intended to
serving councillor or within 12 months of leaving office.
give the public confidence in your council’s decision
making. It helps if the agenda gives councillors an Council employees enjoy the full security of the law
opportunity to declare an interest early in a meeting. whether they are full-time or part-time workers.
Employment law protects them in terms of pay, annual
leave, sick leave, maternity and paternity leave and
DISPENSATIONS pay. It protects them from bullying or harassment and
A council can decide that a councillor with a DPI can discrimination. An agreed grievance procedure ensures
participate and vote on a council motion. This is called that concerns raised by an employee are handled
granting a dispensation. If you have a DPI but think you properly if they occur. Health and Safety law also
should be able to participate in the discussion and vote protects employees (and councillors and members
on the matter, you put your request in writing to the of the public); your clerk should be able to advise
council. Your clerk will advise. As a councillor, you can on such matters.
vote on your own request for a dispensation.
Remember, the clerk is employed by the council and
answers to the council as a whole. Other staff, although
CRIMINAL OFFENCES employed by the council, are usually managed by the
There are a number of potential criminal offences clerk. No one councillor can act as the line manager
associated with: of either the clerk or other employees. These rules
and principles should build on mutual respect and
• the failure to register or disclose a DPI
consideration between employee and employer.
• discussion and/or voting on a DPI.
For more information on your role and responsibilities
Successful prosecutions can result in a fine of £5000 and as an employer see the guide Being a good employer;
disqualification for five years from your local council and details are in Part Five.
from other local authorities.
RULES FOR DEALING WITH PUBLIC MONEY
RULES FOR EMPLOYERS
Being financially responsible for a public body can be
Rules also protect your employees and your council as daunting. The rules set by Government are designed to
an employer. Misunderstandings can sometimes arise make sure that the council takes no unacceptable risks
between a council and its employees. The law requires with public money.
that at all times the council must act as a responsible24 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 25
The words risk management should be engraved upon Authorities in England — A Practitioners’ Guide to
every councillor’s mind. The good news is that the rules Proper Practices4 to be applied in the preparation of
protect you and your council from possible disaster. statutory annual accounts and governance statements
Your council should establish a risk management scheme – published jointly by NALC and the SLCC. As part of
which highlights every known significant risk in terms its system of internal control, the council arranges for
of the council’s activities and makes clear how such an Internal Audit where someone, (other than the RFO
risks will be managed. This includes ensuring that it has and acting independently of the council), scrutinises the
proper insurance to protect employees, buildings, cash council’s financial systems.
and members of the public. For example, playgrounds
The findings of internal controls are reported to the
and sports facilities must be subject to regular checks
council, so, together with regular feedback from the RFO
that are properly recorded. It’s not just about protecting
on the accounts, all councillors should be aware of the
assets; it’s about taking care of people.
council’s financial position. This ensures everything is
As a councillor, you share collective responsibility open and above board and you have what you need as a
for financial management of the council. The council councillor accountable for the council’s finances.
will have made arrangements for its finances to be
The budget is an essential tool for controlling the
administered by an officer known, in law, as the
council’s finances. It demonstrates that your council will
responsible financial officer (RFO). Your role is to ensure
have sufficient income to carry out its activities and
that the RFO acts properly so that the council avoids
policies. By checking spending against budget plans on a
the risk of loss, fraud or bad debt, whether through
regular basis at council meetings, the council controls its
deliberate or careless actions. Robust financial checks
finances during the year so that it can confidently make
and oversight are of great importance. Your council may
progress towards what it wants to achieve.
make electronic payments or pay by cheque, whatever
arrangement is in place you should ensure that there is a Transparency and openness should be the fundamental
system to reduce the risks of error or fraud, for example principle behind everything your parish council does.
never sign a blank cheque.3 Greater openness and transparency is part of a wider
transformation process across local government and
As an aid, your council should have its own financial
provides local people with the information they need to
regulations (as part of standing orders) giving details of
hold your council to account.
how the council must manage its finances.
As part of this, a new plain English guide to openness and
The National Association of Local Councils publishes
accountability 5 issued in 2014 sets out clear guidelines on
model financial regulations available from your
what should be available to the public in relation to your
county association. If your council has not adopted
council, including attending and reporting on meetings
financial regulations then you leave yourselves open to
and accessing information.
considerable risk and your council must take action to
correct this as a matter of urgency. In addition, a new Transparency Code for Smaller
Authorities 6 came into effect from 1 April 2015. It requires
The council must operate an overall system of internal
the online publication of key financial, governance and
control appropriate to your council’s expenditure and
meeting information from 1 July 2015. It applies to parish
activity. There is extensive guidance on risk and internal
councils and certain other small bodies with an annual
control in Governance and Accountability for Smaller26 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 27
turnover not exceeding £25,000, and from 1 April 2017 INTERNAL AND EXTERNAL AUDITS
replaces the need for external annual audit in most cases. The internal auditor is an independent and competent
person appointed by the council to carry out checks on
Whilst this Code only applies to parish councils with
its system of internal control. The independent internal
an annual turnover of £25k or less, it is considered best
auditor cannot be involved in any business of the council
practice for all parish councils, whatever their turnover,
and cannot, therefore, be a serving member of the
to be meeting the transparency requirements set out in
council. Another clerk or an accountant could be suitable
the code and this best practice is reinforced by National
(but reciprocal arrangements between councils are not
Association of Local Councils’ Award Scheme.
permitted). The internal auditor carries out tests focusing
Parish councils with annual turnover exceeding on areas of risk and after reporting to the council, signs
£200,000 are expected to follow the Local Government a report on the annual return (required by law for most
Transparency Code for larger authorities.7 councils) to confirm that the council’s system of controls
is in place and operating.
The Smaller Authorities Code requires Parish Councils
to publish the following information: The law requires another audit to be carried out so that
local taxpayers can be assured that the risks to public
• all items of expenditure above £100
money have been managed. Following the closure of
• end of year accounts the Audit Commission in March 2015, Public Sector Audit
Appointments Ltd has been responsible for appointing
• annual governance statement
external auditors to parish councils. From April 2017,
• internal audit report Smaller Authorities’ Audit Appointments Ltd (SAAA)
will have the responsibility for doing so in regards to
• list of councillor or member responsibilities,
parish councils. Unless your council has decided to opt
• the details of public land and building assets, out and appoint its own external auditor, SAAA will
appoint an external auditor to your parish council until
• minutes, agendas and meeting papers of formal
31 March 2022.
meetings
These auditors review the council’s annual return. The
Separately, from 2015/16 all parish councils are required to
annual return is the principal means by which the council
publish their annual end of year accounts online.
is accountable to its electorate. Councils must complete
To help the smallest parish councils meet these new an annual return to confirm that everything is in order.
transparency requirements, MHCLG is supporting
Your council may be able to declare itself as an exempt
NALC and its county associations to deliver funding
authority in regards to an external audit if it has an annual
of £4.7million over three years to enable those bodies
turnover of £25,000 or under. Your clerk should be able
without the capacity or resources currently to enable
to provide further information on how to do this.
them to get online and comply with the code as soon
as practicable. Details of how to apply for funding and Signed statements confirm responsibility for governance
what is covered is available on the NALC website.8 arrangements during the year. In particular they show that:
• the accounts have been properly prepared and
approved28 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 29
• a system of internal control is in place – this includes The aim is to get more council activity for the least
the appointment of a competent and independent possible expense without compromising quality.
internal auditor – and the effectiveness of both the
It helps the council to assess ‘value for money’ if it
system and the appointment has been reviewed
regularly asks whether it is really necessary to spend the
• the council has taken reasonable steps to comply with money or whether it can find a way of doing it better.
the law Perhaps another supplier can do the job with greater
efficiency and effectiveness. It is good practice to
• the accounts have been publicised for general
consult other councils and to engage with service users
inspection so that electors’ rights can be exercised
and the wider community to find out what they think.
• the council has assessed all possible risks to It might even be possible to join with other councils to
public money deliver a more economic service to the community.
• there are no potentially damaging or hidden issues The financial rules and the variety of statutes and
such as an impending claim against the council procedures protect the council. Most importantly the
rules give your council the tools it needs to achieve its
• significant differences in the figures from the previous
goals, protect community assets and make best use of
year have been explained
public money.
• the council has properly managed any trust funds.
Rules also guide a local council as it makes decisions in
As a member of the council, you have responsibility for the proper manner. Part Three looks at how you make
making sure that the annual return accurately presents decisions on behalf of local people – at meetings.
the financial management by the council. Your clerk
will advise.
If you and your fellow councillors have acted properly
leading up to the external audit then you will receive the
external auditor’s certificate and an unqualified opinion
on the annual return known as limited assurance. This
means that nothing has come to the external auditor’s
attention that gives cause for concern. The Transparency
Code for Smaller Authorities and the Local Government
Transparency Code 2015 also requires certain councils to
publish a range of financial information online.9
VALUE FOR MONEY
It is essential that the council is seen to provide value
for money. This means ensuring that public money is
spent efficiently to provide an effective service.30 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 31
NOTES
1. Councils are eligible if they have a qualified clerk and two thirds of councillors have
stood for election. The criteria are set out in the Parish Councils (General Power of
Competence) (Prescribed Conditions) Order 2012.
2. You can find the template at www.nalc.gov.uk under Legal Briefing L09-12. This area of
the website is only accessible to NALC members.
3. Further advice on safeguarding public money was issued by the Joint Practitioners
Advisory Group as part of the Practitioners Guide in 2016 (see next footnote for link)
4. nalc.gov.uk/library/publications/1964-governance-and-accountability-for-small-
er-authorities-in-england-2016-sections-1-4/file
5. gov.uk/government/uploads/system/uploads/attachment_data/file/343182/140812_
Community safety, housing, street Openness_Guide.pdf
lighting, allotments, cemeteries, playing 6. gov.uk/government/publications/transparency-code-for-smaller-authorities
fields, community centres, litter, war 7. gov.uk/government/uploads/system/uploads/attachment_data/file/408386/150227_
memorials, seats and shelters, rights of PUBLICATION_Final_LGTC_2015.pdf
8. nalc.gov.uk/our-work/the-transparency-fund
way and some aspects of planning and 9. The Transparency Code for Smaller Authorities means that from 2017, councils with
highways – these are some of the issues an annual turnover of less than £25,000 will not be required to submit their annual re-
that concern parish government. turn for audit; however these councils must still publish financial information online.32 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 33
GET TING UNDER WAY applications as required without convening a full
council meeting.
Some committees are advisory; they make
recommendations to the full council, which then makes
the decisions. There are also executive committees
where the full council delegates responsibility for certain
decisions to the committee. The committee then reports
its decisions to the full council. This helps the Planning
MEETINGS
Committee to make decisions without referring to the
Council meetings are important; this is where you full council.
play your part as a decision maker. The chairman is
Sub-committees are appointed by a committee to
in charge of the meeting, and the clerk (or perhaps a
focus discussion on a specific topic among an even
deputy) supports the council as it discusses business.
smaller group of councillors. Otherwise, they operate
The meeting is the council team in action.
like committees.
Council meetings and committee meetings are formal
Working parties or ‘task-and-finish’ groups are
events, not social occasions. They have a clear purpose
occasionally set up for a short-term purpose. They
– to make decisions – and are not just talking shops.
are not subject to the strict rules that apply to formal
Furthermore, they are public events; the meetings
council meetings and do not need to be held in public.
must be advertised and the press and public have a
A working party cannot make a decision on behalf of the
right to observe, record and report on how the council
council, but they can explore options and present these
operates. The same approach should be adopted for
to the council for a decision.
sub-committees. Exceptions are when sensitive issues are
discussed (such as legal, contractual or staffing matters) There are rules about who is permitted to join a
and then the council can agree to exclude the press and committee or subcommittee. Sometimes non-councillors
public for just that item of business. can be included (although with a few exceptions, they
cannot vote). This is an excellent means of involving
The council should decide on a schedule of meetings
others, particularly young people, in council work.
for the year.
Council meetings are meetings of the full council.
All councillors are expected to attend. T WO ANNUAL MEETINGS
If you are elected in May your first meeting will be the
Committee meetings bring together a smaller number Annual Meeting of the Council. This is where you elect
of councillors to concentrate on a specific function of a chairman and probably a vice-chairman, and appoint
the council and share the workload. committee members and representatives to other
Some committees are permanent or standing bodies. Remember that this is a meeting of the council.
committees, but others are set up for a short-term The Annual Parish or Town Meeting is not a council
project. Many councils have a permanent Planning meeting. It is a meeting of the parish or town electors
Committee allowing them to comment on planning taking place between 1 March and 1 June. Electors can34 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 35
contribute to the agenda and in practice these meetings that all business is properly considered and all councillors
often celebrate local activities and debate current issues who wish to speak can do so. It is good practice for the
in the community. The chairman of the council, any chairman to refer to the clerk for advice.
two councillors or any six electors can call the Annual
The chairman has few special powers. For instance, it is
Parish or Town Meeting. The Chairman, if present, will
unlawful for a council to delegate decision making to any
chair the meeting. It is best practice to hold the Annual
individual councillor and the chairman is no different.
Meeting of the Council and the Annual Parish Meeting
However, when a vote is tied, the chairman may use a
on different occasions to avoid confusion.
second, or casting vote.
The chairman often enjoys a special relationship with
STANDING ORDERS the public, especially in a town where the chairman is
The rules for the Annual Meeting of the Council also the mayor. It is the chairman who leads the Annual
will be contained in the council’s standing orders. Town or Parish Meeting (remember, this is not a council
Remember, these include rules of procedure laid down meeting) and opens the fête, or welcomes official visitors
in legislation and additional regulations chosen by your from abroad. This is one reason why the chairman can
council. Standing orders help the council to operate receive an allowance to support this important public
smoothly. For example, a third of the councillors (or role. If a local council resolves to do so, councillors
three, whichever is the greater) must be present for the can also claim an allowance, taking into consideration
meeting to go ahead; this is known as the quorum. The the level recommended by the principal council’s
council can set a higher quorum for committees through independent remuneration panel.
standing orders if it wishes. Other standing orders will
determine, for example: Where councillors, clerk and chairman work together as
a team they combine knowledge and skills to deliver real
• the order of business benefits to the community they serve.
• the length of meetings and the duration Good working relationships, mutual respect and an
of speaking time understanding of their different roles are vital. Conflict
• the schedule of meetings for the year between these key players, especially during meetings in
front of the press or public can damage the council.
• delegation to committees and officers
• voting requirements
BEING PREPARED
• procedures for public participation. Your first meeting as a councillor can be daunting as you
wonder what will happen and where to sit. Hopefully
other councillors will be welcoming.
RESPECTING THE CHAIRMAN
The chairman is in charge during council meetings; this At, or before, your first meeting you must sign the
is an office created by legislation commanding respect. declaration of acceptance of office. In law, you are not
Remember, the chairman is elected at the Annual a councillor until you sign. At the same time, if your
Meeting of the Council for one year. Chairmen have a council has agreed, you should undertake to observe the
duty to ensure that council meetings run smoothly, Code of Conduct, which you must read.36 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 37
At least three clear days before each council, committee Putting the agenda together is the clerk’s responsibility.
or sub-committee meeting, you should be sent a The clerk must sign the agenda and can decide how
summons and agenda. The three clear days is established it will be set out. This process is often undertaken in
in law because it is important to be notified of issues consultation with the chairman. You may ask the clerk
to be discussed. Topics requiring a decision cannot be to add items to the agenda if you feel a relevant subject
added to the agenda after the deadline has passed; they should be discussed.
must wait for another meeting.
Each agenda item should make it very clear what you as AT THE MEETING
a councillor are expected to do and be precise about the
subject under discussion. For example, an agenda item What if you cannot attend? Remember, you have a
saying “footpaths” gives you no idea what to expect. It is duty to attend but sometimes things crop up and you
more helpful to know that your task at the meeting is are unable to make it. You must contact the clerk with
an apology and explanation. A darts match is not an
To receive a report from Cllr Gorie on the condition of adequate excuse whereas illness or work commitments
footpaths in the parish and to agree action in response are acceptable reasons. If you fail to attend any
to proposals for repairs (copy of report attached). meetings for six months, you will automatically cease to
It is actually unlawful to make a decision, especially a be a councillor unless the council approved your reason
decision to spend money, without sufficient (three clear for absence before the end of the six month period.
days) warning. Vague agenda items that don’t specify It is, of course, the chairman’s job to manage the meeting
exact business (such as Matters Arising, and Any Other by introducing agenda items, inviting members to speak,
Business) are dangerous and should be avoided, because focusing discussion and clarifying matters for decision.
the council cannot make unexpected decisions. Councillors, having engaged in discussion, vote for or
against the proposal by a show of hands. Matters to be
decided are called proposals or motions. Decisions, called
resolutions, are recorded in the minutes as, for example,
“It was resolved that the council will contribute £2000
to the community bus scheme.” If you have no view on
a proposal, or cannot decide, you can abstain, but you
shouldn’t do this too frequently. Normally voters’ names
The five Ws help councillors prepare for a meeting. are not minuted but if necessary, you can ask for names
• What is the meeting for? to be recorded. Remember that council decisions are
corporate decisions.
• What part should I play?
• What papers must I read? You should keep contributions short and to the point;
you probably don’t enjoy listening to others who speak
• Which people do I need to consult? for too long. Always work through the chairman and try
• What did I promise to do before this meeting? not to score points off fellow councillors. Never engage
in personal attacks on others – however tempting.38 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 39
If you can add a dash of humour and common sense to Standing orders may require decisions to be taken
the proceedings then you will be a pleasure to work with. after consultation with two councillors (including the
chairman) but the decision remains with the officer.
The council must advertise the meetings by putting up
public notices; electors have a right to attend, record and Most importantly, the council must not allow delegation
report on public meetings. You may be wondering when to a single councillor – not even to the chairman.
they have their say. Many councils encourage members
So councils exist to make and implement decisions.
of the public to speak and ask questions in a short,
Part Four looks at how councils can be active on behalf
defined period, early in the meeting.
of local people.
The meeting must remain quorate at all times, so if you
need to leave during a council meeting always warn your
clerk and chairman beforehand.
NOTES
As a rule, meetings should not last more than two hours
otherwise concentration begins to lapse. A well-crafted
agenda with precise topics for discussion is a valuable
tool to help the chairman bring the meeting to a close
on time.
AFTER THE MEETING
Decisions have been taken and these need to be
implemented. The clerk or the minute secretary writes
the minutes as a legal record of what was decided at the
meeting. It is important that the minutes are accurate
and therefore the minutes of the last meeting are
confirmed and signed at the start of the next meeting.
It is a good idea if the minutes record clearly the actions
to be taken following the meeting.
What happens if a decision needs to be taken between
meetings? Where the matter needs full discussion,
the chairman might call an extraordinary meeting, but
delegation is a useful tool. Section 101 (of the Local
Government Act 1972) allows a council to delegate the
power to make decisions to an officer, a committee, a
sub-committee or another council. It is good practice
to specify in standing orders the kind of decisions that
the clerk can make such as routine decisions, dealing
with emergencies or spending small sums of money.40 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 41
DELIVERING THE GOODS councils can offer funding, equipment and premises, to
help others provide services. They can give small grants
to organisations that run child care, services for the
elderly, arts activities, pond clearance or sport which can
improve the quality of parish life.
Local communities see the benefits of living in a parish
and the role the council can play in supporting local
residents and delivering valued services. There are many
SERVICES AND COMMUNITY RIGHTS
opportunities for councils to tap into this enthusiasm for
The best local councils want to foster vibrant and a more grass-roots and‘localist’approach in the provision
flourishing communities to improve the quality of life of goods.
for people living in their local area. Government is
How does your council know which services to deliver
committed to encouraging local councils to achieve this
or what activities to support? It consults, listens and
and to empower them to become more effective at
identifies what is missing; it then agrees priorities for
designing and delivering services.
action and its policies begin to take shape.
This section shows how your council can be dynamic and
The Localism Act 2011 introduced a number of new ways
professional in delivering the goods which can enhance
in which councils can act on behalf of their communities,
the life experiences and well-being of local people. Local
which are collectively known as community rights. These
councils can best realise their full potential in service
rights have been taken up by local councils to help
delivery by devising clear strategic plans – this may
improve their local areas.
include business, corporate or action plans that set out
both the vision and the practical steps for delivering The community right to bid gives communities the
local services. opportunity to nominate buildings and land as assets of
community value (ACV). If an ACV is put up for sale, the
Local councils can provide many services using their
community group can trigger a moratorium of up to six
legal powers. A council that chooses to utilise these
months to enable them to put together a bid to buy the
powers will increase their capacity for delivering
asset. The owner is free to turn down the community bid
innovative services – funding transport provision for
and after the moratorium has elapsed, they are free to
certain vulnerable groups, delivering services for young
sell their asset to whomever and at whatever price
people, maintaining leisure and green spaces e.g. parks,
they choose.
allotments and community centres and organising
community festivals. Nominations can be made by the parish council for
the area in which the land is situated and by voluntary
In a landscape where district and counties are devolving
and community bodies with a local connection that
more local services, parish councils have more potential
do not distribute profits to their members. In addition,
to work imaginatively in partnership with other bodies
an unincorporated local organisation may nominate
e.g. local businesses, the community and voluntary
provided that it has at least 21 individual members
sector and local residents. A council might manage
who are on the local electoral register or that of a
library services for the principal authority or assist a local
neighbouring authority.
charity to help young people find employment. Local42 The Good Councillor’s guide 2018 2018 The Good Councillor’s guide 43
Voluntary and community bodies are only eligible to b. Any information the nominator has about the
nominate land as an ACV if their activities are concerned freeholders, leaseholders and current occupants of
with the local authority’s area or that of a neighbouring the site.
authority’s area.
c. The reasons for nominating the asset, explaining why
An asset may also be nominated by another parish the nominator believes the building or other land
council if it has a local connection: should be classed as an ACV.
Where the asset is in a parish, the council of a parish d. The nominator’s eligibility to make the nomination.
which shares a border with that parish; and
The local authority has eight weeks from the date of the
Where the asset is not in a parish, the council of a nomination to make a judgement about whether to list
parish within the local authority area in which the land is the land as an ACV.
situated or that borders that local authority’s area.
A building or other land will be classed as land of
Nominated assets may be owned by anybody, including community value if it is not excluded from listing e.g. it is
the local authority and the Crown. However, there are a residence and in the opinion of the authority:
some categories of assets that are excluded from listing:
a. it has an actual current use that furthers the social
a. Residential property including gardens, outbuildings wellbeing or social interests of the local community
and other associated land owned by the same (“a socially beneficial use”) and it is realistic to think
owner and connected with the residence – including that it can continue in socially beneficial use; or
land that it is reasonable to consider as part of the
b. in the recent past it has had a socially beneficial use
associated land where it is separated from it only by a
and it is realistic to consider could do so again during
road, railway line, river or canal;
the next five years.
b. Land licensed for use as a residential caravan site and
To be considered for listing, the past or current and
some types of residential caravan site which do not
future socially beneficial use must not be an ancillary
need a licence; and
use. This means that the use of the building in question
c. Operational land of statutory undertakers as defined must be significant (i.e., non-ancillary) even if it does
in section 263 of the Town and Country Planning Act not constitute the main use of the building. To meet
1990 (for instance, power stations). the future use condition the future socially beneficial
use need not be the same as the current or past
Nominating assets of community value is easy and free
socially beneficial use. Social interests include cultural,
of charge and must include the following information for
recreational and sporting interests.
the local authority to consider:
A wide range of assets have been nominated from com-
a. A description of the nominated land including its
munity centres, to pubs and Hastings Pier. The first asset
proposed boundaries. These boundaries do not
purchased using the Community Right to Bid was the Ivy
have to be the same as ownership boundaries, for
House pub in Peckham in March 2013. You could do some
instance as shown on the Land Registry plan if the
research to find out what support funding is available to
land is registered; nor is it necessary for all parts of the
communities considering taking over local assets.
nominated site to be in the same ownership.You can also read
