Jake Atkinson Chief Officer, LRALC

1. Formed by Parish Councils - Run for Parish Councils - Delivering to Parish CouncilsParish &Town Councils as lead bodies Jake Atkinson Chief Officer, LRALC

2. The “problem”……….. “Parish Council meetings are meetings IN public, not meetings OF the public”

3. Background • PCs are a tier of Government; bound by statute. • PC has to be the N’hood Plan lead (qualifying) body by law. • They are the legal body who must decide to do a plan, and submit the plan. • Virtually any activity between these 2 points can be done by/with any body or group that the PC choose. • N’plan processes do not override need to comply with PC law and procedures (including own rules) • PCs can only do what the law allows them to; there has to be a legal power for any activity.

4. Background “Where a PC chooses to produce a N’hood Plan it should work with other members of the community who are interested in, or affected by, the neighbourhood planning proposals to allow them to play an active role in preparing a N’hood Plan” “The relationship between any group and the formal functions of the town or parish council should be transparent to the wider public” • However Government/DCLG used confusing terminology at times (until very recently!)…………

5. Background • For example: “it should be clear whether a steering group or other body is a formal sub-committee of the parish or town council. The terms of reference for a steering group or other body should be published and the minutes of meetings made available to the public” • No such thing as a Steering Group/Working Party in PC law. • PCs can only delegate powers to specific bodies. • Committees/sub-committees of council can make decisions IF powers are formally delegated. • Hillingdon case-law (NALC Legal Topic Note 1)

6. New Government Guidance Feb 2016 What is the role of a parish or town council in neighbourhood planning? • In a designated neighbourhood area which contains all or part of the administrative area of a town or parish council, the town or parish council is responsible for neighbourhood planning. • Where a parish or town council chooses to produce a neighbourhood plan or Order it should work with other members of the community who are interested in, or affected by, the neighbourhood planning proposals to allow them to play an active role in preparing a neighbourhood plan or Order. • The relationship between any group and the formal functions of the town or parish council should be transparent to the wider public. A parish or town council may choose to establish an advisory committee or sub-committee under section 102(4) of the Local Government Act 1972 and appoint local people (who need not be parish councillors) to those bodies. Members of such committees or sub-committees would have voting rights under section 13(3), (4)(e) or (4)(h) of the Local Government and Housing Act 1989. The terms of reference for a steering group or other body should be published and the minutes of meetings made available to the public.

7. Committees and Sub-Committees • A Council “can” appoint Committees. • A Committee of a Council undertakes work for and on behalf of a Council. • Specific responsibilities of a Committee are confirmed in its Terms of Reference. • A Council is responsible for the appointment of Committees and their members. • Non-Cllrs can be appointed to most Committees, but voting rights limited (NALC LTN 7). • Committees either have decision making powers or are advisory (if advisory then non-cllrs can vote)

8. What is NOT a Committee • A group of Cllrs/Non-Cllrs who informally work together on Council business as there is no formal appointment by Council, ToR, etc. • A group of Cllrs/Non-Cllrs and Staff working together on Council business (inclusion of staff negates statutory definition of a “Committee”). • A group of Cllrs/Non-Cllrs and members of the public working together on Council business. NB: Decisions of informal groups (sometimes known as working parties) of Cllrs, Non-Cllrs, Staff, and others cannot bind a Council.

9. Common mistakes & areas of confusion • Lack of clarity on status of “Steering Groups” etc • PCs “holding” money for other groups/bodies • Application for and treatment of grants • Voting rights on Committees • Decision making by individual Councillors • Incorrect set up of Committees/Joint Committees • Under-resourcing (Clerking of Committees, etc) • Lack of detailed budgeting • Devolving functions properly

10. An example of a committee structure

11. An example of a committee ToR

12. Parish Councils working with others • Financial and legal due diligence and written agreements are vital for all partnership working. • Legislation permits Parish Councils to work with others within a statutory framework. • Joint working with other Councils (Joint Committees) • The law provides different ways for a Council to work with or support voluntary/community orgs. • Councils can provide financial assistance or other support to these groups. • A Council can’t administer finances for voluntary groups, etc.; only money it should hold is its own.

13. Working with Volunteers • Parish Councils can work with its own volunteers. • E.g. community events, consultations, etc. • Are they covered by your insurance and Council policies? • Needs to be clear instructions on what a volunteer is and is not authorised to do on behalf of Council. • Statutory duty to ensure the health, safety, and welfare at work of not only employees but also volunteers. • Volunteers are acting as agents of the Council.

14. Council leading on all aspects of plan

15. Council “commissioning” a N’hood Plan Money/Support Stages of process/draft plan

16. How to deal with non-n’hood plan issues • Issues will undoubtedly come up during the N’hood Plan process which wont be relevant for inclusion. • What do we do with these? • Remember – not everything is the PC’s responsibility (no legal powers?)! • Work with other groups, signpost to other bodies, report to principal authorities, etc. • If they are then how will you address (Business Plan, individual projects/decisions considered by council, etc.)

17. Discussion: What structures will you recommend your council adopts?