If any Clerks want to join the Clerks’ eGroup, or any councillors want to join the Councillor eGroup, contact enquiries@lalc.co.uk.
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This fortnightly newsletter is provided to member councils through the clerk and should be circulated to all councillors. This eNews can also be found on the LALC website under News.
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Training courses are available to book via the portal (login required)
The Training Bulletin is issued monthly, and courses are available to book via the portal. If there is any specific training which you feel would be valuable, and we don’t currently offer it, please let us know and we will investigate. The Training Bulletin can be found on the LALC website www.lalc.co.uk/training-2-1.
Clerks – when booking training for your councillors, please ensure that their email address is correct. If not, they will not receive the booking confirmation or any joining instructions.
If you update your council email and are already booked on training, please let us know so that we can update your booking to ensure you receive the automatic reminders.
If one of your councillors resigns, and they were booked on LALC training, please cancel their place, so that others can book on. Failure to do so may not only deprive other councils from attending but could result in a non-attendance charge (see below).
Please note our training cancellation policy:
• For part day courses – please ensure we receive cancellations at least 48 hours in advance
• For full day events – please ensure we receive cancellations at least 5 working days in advance, as we need to pre-order and pay for lunches
Due to persistent non-attendance at booked events, it is unfortunate that LALC have had to amend the way we impose our cancellation fees. All members are charged 50% of the training cost when insufficient notice is received (as above) for non-attendance at training events. No shows will be charged at 100% of the course fee. All charges are regardless of whether the council is a member of the ATS or not.
꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰ ꙰
|
Position |
Closing date |
|
|
Clerk/RFO |
18th November 2023 |
|
|
Clerk/RFO |
No closing date |
|
|
Clerk/RFO |
7th June 2024 |
|
|
Clerk |
30th June 2024 |
|
|
Clerk/RFO |
30th July 2024 |
|
|
Clerk |
17th June 2024 |
|
|
Clerk/RFO |
29th July 2024 |
|
|
Clerk/RFO |
No closing date |
|
|
Deputy Clerk |
26th July 2024 |
|
|
Clerk/RFO |
No closing date |
|
|
Clerk/RFO |
31st August 2024 |
Vacancy advertising
LALC can advertise your vacancy on our website and in the fortnightly eNews. This is a free service. If you do not have a pre-prepared advert to send us, please complete our Vacancy Template, which can be found in the Members Portal under Document Templates.
We also offer a paid advertising service, which ensures that your advert also appears on Lincolnshire County Council’s website, Facebook, and LinkedIn (in addition to the LALC website and eNews). The current fee for this is £75. Please complete the Vacancy Template (as above), ensuring that all requested information is completed, and then contact us at enquiries@lalc.co.uk. You will be invoiced for this service.
Please note that Lincolnshire County Council require a closing date on their advert, as well as salary information (these are mandatory fields). LCC will remove your advert once the closing date has passed, so please consider the date carefully as you will have to pay again to re-advertise if your vacancy hasn’t been filled by then.
We recommend all councils advertise their vacancy, job details, method of application and up to date contact details on their own website too.
Please let us know when the vacancy has been filled, so that we can remove it from our website/eNews. If your vacancy has not yet been filled and you are continuing to advertise, please let us know of any revised closing date. If you no longer specify a closing date, please let us know so that we can update the vacancy adverts.
The NALC Recruitment Manual (developed as part of the Civility & Respect project) is now available via the portal. Go into Knowledgebase and click on 'Recruitment Manual' in the 'Employment' menu area.
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Sign up to the LCC Town and Parishes newsletter – email:
lcctownandparishnews@lincolnshire.gov.uk
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Latest News
To see the latest NALC news: https://www.nalc.gov.uk/news
To see the latest SLCC news: https://www.slcc.co.uk/news-publications/
(No login is required).
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PLACES AVAILABLE: Memorial Management & Inspection training
This ICCM-led training will take place on 10th September (10:00 – 16:00) at Dunholme Old School, with practical inspection training taking place in Dunholme cemetery (just over the road).
LALC members have the opportunity to attend this training at a discounted rate (£72.50 plus VAT) – the usual ICCM public courses cost £155 plus VAT for ICCM members or £195 plus VAT for non-ICCM members.
Such training is not held locally very often so if you manage or maintain a cemetery, this is the ideal opportunity for you!
Please book in the usual way via the LALC portal.
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꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰ ꙰
Are you interested in becoming a LALC internal auditor?
We are looking for suitably experienced people to join the LALC Internal Audit team. Preference will be given to officers or councillors with relevant experience of local council accounts and admin procedures.
In the first instance, please register your interest at enquiries@lalc.co.uk.
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Looking for expressions of interest in the new LALC committees
LALC is looking to set up a number of committees who will investigate key topics in the sector:
• Climate change
• Recruitment of clerks and appropriate pay structure
• Engaging younger councillors
We are also open to suggestions for further topics/committees. If you are interested in being involved in one of these committees, please contact us at enquiries@lalc.co.uk, stating what you are interested in.
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NALC pushes for a greater role for local councils in delivering energy projects
NALC has pushed for a greater role for local (parish and town) councils in delivering community energy projects.
In response to the Department for Energy Security and Net Zero consultation on barriers to community energy projects, NALC argued that many of the 10,000 local councils it represents have a huge role to play in delivering such projects to improve biodiversity and reduce carbon consumption in their place.
NALC also believes that improvements to the current regime of government support and investment in electricity transmission infrastructure could be made by facilitating action by communities to undertake small-scale projects themselves.
The Department for Energy Security and Net Zero committed to consult on the barriers to community energy projects by launching this call for evidence. It co-designed this consultation with the energy sector through the Community Energy Contact Group. By utilising the evidence and information from this consultation, the government will be better placed to understand the issues facing the energy sector more widely.
Read the full consultation response: https://www.nalc.gov.uk/library/news-stories/4098-pr11-24-barriers-to-community-energy-projects-june-2024-1/file
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South and East Lincolnshire Crowd - Project Creator Workshop – 16 July
South & East Lincolnshire Councils Partnership uses Spacehive to help you create, fund and deliver your project ideas. This programme is all about helping to make South & East Lincolnshire a great place to live, work and play.
Find out how projects across Boston, East Lindsey and South Holland can pitch for up to £5,000 from the fund.
In this workshop we will cover:
• Hear about funding available to help make your ideas happen.
• Get advice on creating your project and how to run an amazing crowdfunding campaign.
• Join interactive breakout rooms to access specialised support for your project.
• Whether your project is big or small, this is your opportunity to learn how you can make a real difference in your local area through The South & East Lincs Crowd.
When: Tue, 16 Jul 2024 12:00 - 13:00 BST
Where: Online
How much: Free
If you have any questions about the event or accessibility requirements, please email: support@spacehive.com
Find out more and to book: https://tinyurl.com/44jn74mf
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COUNCIL NEWS
JULY 2024
Following the General Election we now have a better idea of what new employment legislation to expect in the coming years.
1. The right to claim Unfair/Constructive Dismissal.
For over a decade Employees have needed to accrue two years continuous service to be able to claim Unfair Dismissal at an Employment Tribunal. As a result, Councils have been able to terminate the employment (Short Service Termination) of a poor performer, or for misconduct, without the need to issue formal and/or final written warnings beforehand, as long as the Employee had less than two years continuous service. There were qualifying requirements to issuing a Short Service Termination, such as ensuring the Employee couldn’t claim that their dismissal was for discriminatory reasons, or because the Council had breached their statutory rights.
The Government’s manifesto has committed it to giving Employees a day one entitlement to claim Unfair Dismissal. This will remove the option of a Short Service Termination. Councils will be required to pursue a formal disciplinary process with all poor performers or Employees who are responsible for misconduct, regardless of their length of service.
2. Maternity/Paternity/Shared Parental Leave/Parental Leave.
These family friendly entitlements will also become a day one entitlement. Currently Maternity and Paternity Leave require an Employee to have six months service at week 25 of the pregnancy.
The manifesto commits the Government to giving Employees the right to claim Statutory Maternity/Paternity Pay regardless of when their employment started.
3. Increased Statutory Sick Pay.
This is to be increased “significantly” to ensure workers don’t feel forced to attend work when ill and avoid a drop in their earnings.
For many Councils who provide Employees with NJC (Green Book) terms, this may not have a big impact, as they already pay full pay for significant periods of sick leave.
4. Banning Zero Hours contracts.
Many Councils currently engage seasonal, or “as and when needed”, workers on zero hours contracts. Examples include seasonal grass cutters/landscaping staff, community centre bar staff, cleaners and caretakers.
The Government has said that zero hours contracts cannot be used after an Employee has been engaged for 12 weeks. Instead, they will need to be issued with a regular/permanent hours contract based on working patterns during the first three months.
Staff with less than three months’ service would be issued with a Guaranteed Minimum Hours contract, entitling them to set core hours each week. Any additional hours would be worked by mutual agreement and paid at basic hourly rates.
5. Protection for Home Workers.
A lot of Town and Parish Council staff work from home, either as their permanent office, or hybrid working shared between the Council Office and their home.
Communication between management and staff who are working from home would be limited to contractual hours only. This would restrict phone calls, emails, and social media correspondence to working hours only.
Many Councillors do like to catch up with the Council work at the weekend or during the evening, this includes sending emails, etc. Unless the recipient Employee is expected to be at work at these times, all communication would have to wait until they are doing their job.
A large number of Clerks who are working for small Councils work flexible hours, with no allotted start or finish time, or days of work. In these cases, the Employee would need to specify what times they are available to answer Councilors’ emails.
Currently the above are manifesto items. It will take several months, if not longer, for these plans to become law.
6 Statutory Pay Rates from April 2024
|
Shared Parental Pay (ShPP) Statutory rate of £184.03 or 90% of
employee’s weekly earnings if lower. 6 weeks at 90% of average weekly earnings.
Then statutory rate of £184.03 or 90% of employee’s weekly earnings if lower. 6 weeks at 90% of average weekly earnings.
Then statutory rate of £184.03 or 90% of employee’s weekly earnings if lower. Statutory rate of £184.03 or 90% of
employee’s weekly earnings if lower. Statutory rate of £184.03 or 90% of employee’s weekly earnings if lower. |
|
Statutory Sick Pay (SSP) £116.75 pw for 28 weeks subject to earnings (average £123 per week) |
|
Minimum Wage from April 2023 Workers aged 21 and over (National Living Wage) £11.44/hour Workers aged 18–20 £8.60/hour Workers aged 16-17 £6.40/hour Apprentices under 19, or over 19 and in first year £6.40/hour |
PROFILE
Chris Moses LLM Chartered FCIPD is Managing Director of Personnel Advice & Solutions Ltd. He is a Chartered Fellow of the Chartered Institute of Personnel and Development, and has a Master’s Degree in Employment Law. If you have any questions regarding these issues please feel free to contact him on (01529) 305056 or email p.d.solutions@zen.co.uk
www.personneladviceandsolutions.co.uk
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Improvement and Development Board
At their most recent meeting, the Improvement and Development Board agreed to set up task forces to make recommendations for improvement and development in the sector. Three task forces have been established so far, focusing on civility and respect, intervention, and workforce, each having held their first meetings and agreed on initial priorities. The intervention task force plans to have two additional meetings, aiming to present its final recommendations to the board on 12 November 2024. Meanwhile, a fourth task force will explore data implications for local council improvement and development, with a report on its terms of reference and membership to be presented at the next board meeting, following presentations from De Montfort University and the Local Government Association on the role of data analysis in improvement. Additionally, the board has agreed to appoint new members, including the chief executive officers of Lawyers in Local Government and Smaller Authorities’ Audit Appointments, and the chair of the Association of Democratic Services Officers, all of whom will join the board at its next meeting on 11 July 2024.
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NALC Legal Bulletin Update – June 2024
Resignation of Chair - no volunteer to stand
We were recently asked what happened when a newly elected Chair resigned and no one put themselves forward for election as the new Chair.
As per paragraph 25 of Legal Topic Note (LTN) 8, section 15 of the Local Government Act 1972 provides that the Chair of a local (parish and town) council must be elected from among the councillors as the first business of the annual council meeting in May. They remain in office until their successor is elected (at the following meeting unless in the interim they resign, die or otherwise vacate office – see section 87 of the 1972 Act).
Section 88 of the 1972 Act deals with the filling of a casual vacancy in the case of the Chair. In these circumstances, section 88 (1) provides for an election to fill the vacancy to be held:
• not later than the next ordinary council meeting held after the date on which the vacancy occurs (in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered – section 87 (1) (b) of the 1972 Act),
• or if that meeting is held within 14 days after that date, then not later than the next following ordinary meeting of the council.
The election is conducted in the same manner as an ordinary election, that is, from among the councillors.
Section 88 (1) says an election to fill the Chair vacancy “shall be held”. The 1972 Act does not specify what a council must do if there are no candidates for chair. In practice, councillors need to work together to choose someone or persuade one of their number to stand.
Use of rental income for recreational facilities
We were asked an interesting question which arose because of some council correspondence from 1975. A letter from a sports club to the council in question suggested that the Local Government Act 1972 said that rental income from recreational facilities had to be ploughed back into the facilities. We could not see anything indicating this was the case in the 1972 Act and earlier versions.
The point was moot in the case in question because the rental income was a peppercorn. However, we were also alerted to paragraph 14.10 of Arnold-Baker on Local Council Administration (13th edition) on payment and rents. This says that in the case of the management of allotments and recreation grounds, surpluses must be ploughed back and not used for any other purpose without special leave. A reference is given but it only applies to allotments.
We contacted the editor of Arnold-Baker who confirmed that the reference was a historical oversight from previous editions. He also could not find anything suggesting rental income had to be ploughed back. We will update if there are further developments.
Notification of councillor resignation
We were asked if a resignation is valid if a councillor sent his resignation to the Clerk and asked the Clerk to communicate his decision to the Chair.
Section 84 (1) (c) of the Local Government Act 1972 provides that a person elected to any office under the 1972 Act may at any time resign his office by written notice delivered in the case of a parish or community councillor, to the Chair of the parish or community council and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.
In our view, what happened was not sufficient to amount to a valid resignation. It relies on another person (the Clerk) forwarding it to the right person (the Chair) for the right person to see the written resignation. We are not aware of relevant caselaw so this is a view.
In our August 2022 legal update bulletin, we advised as follows:
“Resignation by email – copying in the Chair?
We were recently asked about the validity of a councillor’s resignation. The councillor concerned had emailed his resignation to the Clerk, copying in the chair to his email. S.84 (1) (c) of the Local Government Act 1972 provides that a person elected to any office under the 1972 Act may at any time resign their office by written notice delivered in the case of a parish or community councillor, to the Chair of the parish or community council.
Our view was that this was a resignation, even given the potential grey area. The email (the written notice for the purpose of s.84) went to the chair even though it also went to the clerk”.
Our view is that this can be distinguished from the present matter where the email did not go straight to the Chair. The practical advice was for the Clerk to refer the councillor to section 84 and suggest they write to the Chair, for the avoidance of doubt.
Charging voluntary organisations for advertising
We were asked if a council could charge voluntary or community groups for advertising in the council’s newsletter. Our view was they could not. Section 142 of the Local Government Act 1972 (provision of information etc relating to matters affecting local government) does not provide a mechanism for charging. We also did not think that charging for advertising would be in the spirit of a council promoting and supporting community organisations.
New hedgerow regulations
We were alerted to new regulations on maintaining hedgerows that recently came into force (The Management of Hedgerows (England) Regulations 2024) which cover agricultural land including allotments. The rules relate to hedges which are 20 metres long (or more) or which join a hedge at either end. The rules do not apply to hedges around a house and garden. A relevant hedge (there are exemptions) must not be cut or trimmed in the period March to August inclusive.
We will consider the impact of the new regulations and whether there is a need for further guidance.
Recent team activity
As communicated in previous Chief Executive’s bulletins, we have reissued LTN 22 (disciplinary and grievance arrangements) and LTN 23 (health and safety). We also reissued our briefing on the pre-election publicity period (Briefing L01-24).
As we are well into the General Election period, we thought we’d share the links to the NALC briefing prepared by our policy and communications colleagues highlighting key commitments in the Conservative, Green, Labour and Liberal Democrat party manifestos of relevance and interest to local government.
Jane Moore, legal services manager, attended the Lawyers in Local Government Spring conference, held in Leeds on 7 June. This was a valuable opportunity to learn and to meet legal colleagues from across the sector as it was attended by Monitoring Officers and senior local government lawyers.
NALC Legal
Disclaimer: Information and commentary on the law contained in this bulletin is provided free of charge for information purposes only. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by any member of NALC Legal Services.
The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific advice about your case or matter and not to rely on the information or comments in this email.
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New SLCC podcast: Making the move to a .gov.uk domain
In this episode we talk to Sandra Lowe, Communications & Engagement, Parish Council Domains Helper Service and Khidr Suleman, Parish Council Domains Helper Service Project Team at the Central Digital and Data Office (CDDO), whose initiative aims to help councils in migrating to .gov.uk domains, providing benefits including enhanced credibility and security. Sandra and Khidr outline common challenges such as cost and technical expertise, while explaining how the service guides clerks through every step, from choosing the right domain registrar, to setting up and maintaining the domain.
With cost being a challenge for many councils we also hear about how the Cabinet Office has secured finite funding of up to £100 + VAT to help eligible parish councils offset the initial cost of setting up a .gov.uk domain.
Listen to the podcast (no login required): https://tinyurl.com/ffmuj82f
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Lawyers in Local Government Vlog on Micro-Devolution
In this Vlog, Helen McGrath, Executive Director of Policy & Governance at Lawyers in Local Government (LLG) speaks to Ian Morris FSLCC, SLCC Director for the North region and Town Clerk to Spennymoor Town Council, about micro-devolution of community-based services to local councils in England.
In this Vlog, Ian explains that the local government sector is in financial crisis, with 48% of local authorities reporting cuts to parks and green spaces and half of principal local authorities warning that they are likely to declare bankruptcy in the next five years. He states that ‘we need a new way to deliver micro-devolution’ and urges town and parish councils to start thinking about how this can potentially be delivered within the sector regardless of current funding gaps.
View the Vlog: https://www.youtube.com/watch?v=f8-uwgzeXc0
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Online Tool Solar Wizard Launches to Help Evaluate Solar Potential
National charity, the Centre for Sustainable Energy (CSE) has launched Solar Wizard, an innovative online tool supporting homeowners, community organisations and local authorities across the UK to evaluate their rooftop solar potential quickly and easily.
With less than 5% of UK homes currently using solar panels, there is huge potential to expand this commercially viable low-carbon technology. Solar Wizard was created by CSE to encourage wider adoption of solar power by simplifying the process of understanding if installing panels makes sense for a building.
Find out more: https://tinyurl.com/2dhdwutt
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Lincolnshire Alert: The July edition of OUR NEWS is here
Here are some highlights in July's edition:
• Nominations are now closed for our Volunteer Recognition Awards 2024. Thank you to all those who nominated an amazing NW volunteer or local group - shortlisting will soon begin!
• Photos and stories from this year's brilliant Neighbourhood Watch Week
• One local group received a visit from the Prime Minister…
• Guidance on how to spot and report ASB (antisocial behaviour)
• Home security gets smarter with ERA
• Patlock have renewed their membership with Secure by Design
Read the newsletter:
https://www.ourwatch.org.uk/sites/default/files/documents/2024-07/Our%20News%20July%202024.pdf
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NEXTGOV: KEY ASKS FROM RURAL COUNCILS FOR THE NEXT GOVERNMENT
In the lead-up to this week's General Election, the future direction of rural policy is a topic of critical importance. Recently, the Rural Services Network’s Chief Executive, Kerry Booth, contributed an insightful article to LocalGov's essay series, "NextGov," focusing on what rural councils need from the next government. This series compiles perspectives from various local government stakeholders, emphasising the unique challenges and opportunities faced by rural communities.
Read the article in full:
https://rsnonline.org.uk/nextgov-key-asks-from-rural-councils-for-the-next-government
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NKDC councils – publication of Register of Interests forms
If you are a NKDC parish or town council and you have a link on your website to NKDC, for publication of Register of Members Interests, please check. Click on your council and make sure that it not only displays the council and clerk contact details, but that it also shows Membership, lists your councillors and links to their Register of Interests forms.
It depends on which route you use to access the list of councils on the NKDC website. In some instances, it will only display the council and clerk contact details, and not the Membership.
Use this link to bring the information up correctly:
https://democracy.n-kesteven.gov.uk/mgParishCouncilDetails.aspx?LS=17&SLS=2
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JPAG survey on Practitioners’ Guide
The Joint Panel on Accountability and Governance (JPAG) held its latest meeting last week. The panel is responsible for the Practitioners’ Guide, which is published to help smaller authorities (those with a turnover of less than £6.5 million) prepare the Annual Governance and Accountability Return (AGAR). Each year, JPAG reviews the Practitioners’ Guide, and this year is asking clerks and responsible finance officers to complete a short survey to give feedback on the guide and make any suggestions for improvements. These suggestions will help JPAG review the Guide for 2025. The survey deadline is 30 September.
Take the survey: https://tinyurl.com/3n8p6unj
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English Rural Housing Association launch event for a new guide on affordable rural housing
The guide aims to transform the perception of affordable rural housing. The guide is endorsed by HRH The Princess Royal and is structured into five comprehensive sections, each addressing an essential aspect of rural housing, such as the future of communities, the layout of houses, the landscape of villages, designing new homes in rural areas, and building sustainably and responsibly. The guide includes a practical toolkit for villages looking to inform the design of new homes in their community. This toolkit is a powerful resource that empowers local communities to take an active role in shaping the future of their built environment.
Read the guide: https://englishrural.org.uk/rural-housing-design-guide/
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NALC blog: Achieving net zero by 2050: A guide for local councils
This net zero week is the perfect time for local (town and parish) councils to reflect on their roles in addressing climate change and reaffirm their commitments to achieving net zero carbon emissions by 2050.
Net zero refers to the balance between the amount of greenhouse gas emissions produced and the amount removed from the atmosphere. Achieving net zero means reducing emissions as much as possible and using methods such as planting trees or using technology to absorb the remaining emissions.
Local councils play a critical role in the transition to net zero due to their close connection with communities and their ability to influence local policies and practices. They can drive significant change through initiatives in areas such as energy, transportation, waste management, and community engagement.
Here are some steps that local councils can take towards achieving net zero by 2050:
1. Develop a net zero action plan
2. Community-led energy efficiency and renewable initiatives
3. Sustainable transportation
4. Waste reduction and recycling
5. Green spaces and biodiversity
6. Community engagement and education
7. Monitoring and reporting
8. Encourage local climate action groups
9. Neighbourhood planning
Read the full blog: https://tinyurl.com/bevckava
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NALC online event recordings
Online recordings of NALC events are published one month after the event and can be found here (no login required): https://tinyurl.com/y446vrmf
꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰ ꙰