Council and councillors

Jake Atkinson, Chief Officer, LRALC

30 minutes for presentation and questions

1)            TRANSPARENCY CODE AND FUND AND OTHER UPDATES – Jake Atkinson, Chief Officer, Leicestershire and Rutland Association of Local Councils

Mr Atkinson gave a presentation on the Transparency Code for Parish Councils, the Transparency Fund and other updates; a copy of which was available on the Rutland County Council website, attached to the agenda for this meeting. 

Key areas highlighted included:

•         Examples of transparency included: right to inspect and copy minutes, Register of Members’ Interests, audit, right to attend meetings, Freedom of Information, Code of Conduct, Clerk’s Financial Interests (s.117) and Disclosable Pecuniary Interests.

•         New legislation around transparency included: Publicity Code for Local Government (Mandatory March 2014) for example,  newsletters advertising; the openness of Local Government Bodies Regulations 2014 (Mandatory August 2014) included filming, social media and Clerk decision making; Transparency Code for Parish Councils with a turnover not exceeding £25,000; Local Audit and Accountability Act 2014 which would change from the 1 April 1917 in that an audit would be required whatever size the council and the Local Government Transparency Code 2014 (£200k plus – not mandatory).

•         Transparency was important because parish councils were publicly funded public bodies; discretionary codes had failed; poor and/or criminal practice; changes to audit and new media and technology.

•         That the Transparency Code stated that data must be published on a website, publically accessible and free of charges and published within timescales.  Councils with a turnover not exceeding £25k would be removed from routine external audit from 2017/18.  There would be no change to internal audit.  From 1 April 2017 sector led body would appoint external auditor, although councils could opt out and appoint their own.

•          The Transparency Code put in place the need for the annual publications of: expenditure over £100; end of year account (Section 1), governance statement (Section 2) and internal audit report (Section 4); list of councillor responsibilities and details of public land and building assets.

•         The Transparency Code put in place the need for the regular publication of: draft minutes of all council and committee meetings within one month after meeting, and meeting agendas and associated papers no later than three clear days before meeting.

•         The Transparency Code put in place the need for publication on: a website which was publicly accessible and free of charge to view and could be the council’s own website, a community website that the council had pages on or the district/borough council’s website.

•         The 7 steps to Openness & Accountability:-

Step 1 – Learning/information gathering

Step 2 – Talk about it as a council

Step 3 – Get it on paper (list – plan – policy)

Step 4 – Organise/reorganise council’s information

Step 5 – Take control of website/email, etc

Step 6 – Implement and test

Step 7 – Monitor and review

•         The LRALC was communicating with individual councils regards the Transparency Fund.  So far the LRALC had received over 40 applications which NALC advised was the highest in the country.

•         Councils could expect to receive further opportunities for briefing sessions, guidance and updates from LRALC; official guidance from DCLG, a share of the Transparency Fund (£4.7 million over 3 years) and answers to specific questions from the LRALC/NALC.

Other sector issues

•         Business Rates – share to be given to Parish and Town Councils.  The Government was still considering whether to make mandatory.

•         Council Tax Support (CTS) grant – DCLG investigating passing on the grant directly to local councils/making ‘passporting’ mandatory.  The LRALC had contacted billing authorities, via email.  The Forum was advised that the LRALC were still waiting for a response from Rutland County Council.

•         “Capping” and the referendum principles – various models around top 100 charging local councils. The Government was hoping to confirm that these would not be capped during this government.

•         Changes to procurement rules (LTN 87) and new NALC model Financial Regulations, full details of which were available in the LRALC newsletters or by contacting the office.

•         Proposal to Government to allow non-councillors to vote on Neighbourhood Plan Committees.

•         Local Audit and Accountability Act; changes to audit in 2017 would impact on all local councils.

•         The possibility of a Local Government Ombudsman to cover parish councils.

•         Pension auto-enrolment.

•         The recording of meetings.

•         The Local Council Award Scheme (LCAS).

The following points were noted:

•         That funds from the Transparency Fund could be used to fund the most appropriate website.  The Leicestershire County Council website service was open to Rutland Parish Councils but the current service would cease in August 2016.  This service would be going out for Tender but a commitment had been given to continue to deliver parish council websites.  It was suggested that parishes approached Leicestershire to sign up to the existing service and then commit to the new service.  Parishes would be able to apply to the fund this year and next.

•         That the Quality Council Scheme required that draft minutes were published.

•         That funds from the Transparency Code were available to offset additional financial burdens.

•         If there was sufficient demand the LRALC would consider holding a 1-hour workshop in Rutland to assist on completion of the funding application form.

•         That there was no specific transparency code for parish councils with a turnover between £25,000 and £200,000.

The Chair thanked Mr Atkinson for his presentation.