LALC ENews 21st November 2022

13th Edition of Arnold-Baker on Local Council Administration

 

 

The comprehensive and authoritative guide to local government law has been extensively revised for its 13th edition.

List price: £164.99

Price through LALC - £131.99, which is a saving of 20%.

Please contact Lindsey to order a copy.

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Training

We still have availability at the following sessions. Book now to avoid disappointment! (Please book via the new CRM if possible).

 

Clerk’s Networking Day (including SLCC Lincolnshire branch meeting)

7th December

10am-4pm

Dunholme Village Hall, LN2 3SU

Charity Law (Day 1 of 2)

13th December

1.30pm-3pm

Zoom

Charity Law (Day 2 of 2)

14th December

1.30pm-3pm

Zoom

 

***Training venues are booked once a number of bookings have been received. This allows LALC to book venues based on where the majority of delegates are travelling from. If there are less than 10 bookings on any course, the course will automatically be held at the LALC Office, 8 Market Rasen Road, Dunholme, Lincoln, LN2 3QR***

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LALC Website Maintenance Service (WMS)

Level of service

Costs for FY 2023-24

What's included?

Documents uploaded to your LCC website by the Webmaster

Access to the Webmaster for advice, queries or problem solving

Access to current guidance documents from the Webmaster

Updates as appropriate

Access to e-group for peer support. **

Premium

20 hours - £340 plus VAT

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ü

ü

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10 hours - £170 plus VAT

5 hours - £85 plus VAT

Basic

£50 plus VAT*

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ü

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* This service is available to LALC member councils and is additional to the membership subscription and Annual Training Scheme. Costs are doubled for non-member councils.

** The e-group will be primarily led by clerks providing support for each other. Pete will monitor and contribute information and answers occasionally, but this won't be his priority.

Councils with an LCC website may decide they don't wish to take up any of these options and will maintain their own site. We can offer three additional areas of support for these councils which will be included in the Annual Training Scheme:

1.      Access to e-group as above**

2.      Related course: LCC website JADU Basics via Zoom. Dates are available via the LALC website.

3.      Related course: LCC website JADU Advanced via Zoom. Dates are available via the LALC website.

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Current vacancies

Position

Closing date

Holland Fen with Brothertoft Parish Council

Clerk/RFO

Not stated

Cowbit Parish Council

Clerk/RFO

30th November

Nocton Parish Council

Clerk/RFO

30th November

Ruskington Parish Council

Administration Assistant

29th November

South Luffenham Parish Council (Rutland)

Clerk/RFO

No closing date

North Luffenham Parish Council (Rutland)

Clerk/RFO

No closing date

Stow Parish Council

Clerk/RFO

31st December

Snitterby Parish Council

Clerk/RFO

12th December

 

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Qualification criteria and Disqualification from being a Councillor

 All councillors must meet certain qualification criteria at the time of election or co-option as specified in S.79 Local Government Act 1972. These criteria are listed below in the top half of our co-option application form available from the LALC Document Template section in the LALC portal. 

 The lower half of the form are the disqualification criteria and if any of these apply at any time either at the time of election, co-option or during a Councillor’s term of office they are disqualified from being a Councillor by virtue of S.80 and S81A Local Government Act 1972. 

Are you a British, Commonwealth or other European Union Citizen and not require leave to enter or remain in the United Kingdom or have indefinite leave to remain?                                                                                                                    Yes   /   No 

 

Are you aged over 18?                                                                                          Yes   /   No

 

To qualify you must be able to answer ‘Yes’ to at least one of the questions below

a) Are you on the electoral register for Parish/ Town Council?                      Yes   /   No

b) Have you lived either in parish or within 3 miles

of its boundary, for at least a year?                                                                     Yes   /   No

c)  Have you been the owner or tenant of land in the parish for at

least a year?                                                                                                            Yes   /   No

d) Have you had your only or main place of work in parish

for at least a year?                                                                                                 Yes   /   No

You must be able to answer ‘No’ to all the questions below to be eligible to serve as a councillor.

i)                    Are you the subject of a either bankruptcy restrictions order, interim order

or a debt relief or interim debt relief order?                                    Yes    /   No

ii)                   Have you within the last five years been convicted of an offence in the UK, 

the Channel Islands or Isle of Man and has been sentenced (whether

suspended or not) to imprisonment for three months or more without the

option of a fine?                                                                                  Yes   /   No

iii)                 Are you disqualified by order of a court from being a member of a

local authority?                                                                                   Yes   /   No

iv)                 Employed by the Parish / Town Council, a joint committee or holds

a paid office?                                                                                     Yes  /   No                                   

v)                   Subject to the notification requirements of the Sexual Offences act 2003

                      or Sexual Risk Orders?                                                               Yes  /  No                                                                                       

Clerks must ensure that any potential co-optees to the Parish/ Town Council satisfy the qualification criteria at the time of them seeking co-option and the disqualification criteria do not apply before the council resolves to co-opt.  If any of the disqualification criteria apply to any current councillor they should disclose this to the Monitoring Officer as quickly as possible so that the Elections Team can decide if their seat is vacated.

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Time for Internal Audit?

 LALC offers an internal audit service from its panel of internal auditors.  This will usually consist of two parts with the majority of the audit being undertaken in the Autumn period to check that internal controls and governance is in place as well as financial checks.  This process allows councils to put right weaknesses within the current financial year so they do not have to be reported on the AGAR at the end of the financial year, which can then focus on ensuring the accounts are correct and earlier weaknesses have been addressed.

 A couple of reminders to all council clerks:

 Remind all councillors to check their register of interests is up to date and there are no changes to be reported.  A minute to show this has been considered once or twice a year is helpful (this could be minuted under the usual ‘Declaration of Interests’ agenda item instead of a new item). 

 Also ensure that a bank reconciliation and a report has been prepared showing current expenditure against the adopted budget has been prepared and considered by council and all payments have been authorised in accordance with the adopted financial regulations (hopefully based on the model Financial Regulations sections 3, 4 and 5).

 

If any council is interested in using LALC’s internal audit service, please email katrina.evans@lalc.co.uk

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Cost of Living updates

 

Useful Cost-of-Living Support information and links can be found on the new LALC website:

https://lalc.jams.junari.com/cost-of-living-challenge     


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New LALC website/CRM access

 

If any clerk has not yet received your invitation to our new website/CRM please contact us. The old website will be switched off at the end of December and all training must be booked via the new site after that point.

 

For those clerks who already have got CRM access, please ensure that contact details for your council and councillors are kept up to date, including any change of Chair. LALC eNews is also published on the public facing website each week under Latest News.

 

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Text Box: Emergency Plans

Does your council have an Emergency Plan in place? Are you working towards putting an Emergency Plan in place? Are you currently reviewing your Emergency Plan?

Please let us know so that we can pass this information on to LCC Emergency Planning team.

 

 

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NALC Legal Topic Notes

 

All current NALC Legal Topic Notes (LTNs) are accessible by the Clerk via the LALC CRM.

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Does your council have a ‘good news’ story or an example of best practice you’d like to share with other councils? If so, please let us know so that we can include it in a future edition of eNews.

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Remembrance Events

Each year Parish and Town Councils play an integral part in Remembrance events in their communities. Here’s a small selection in celebration of all the events which our councils were involved in.


Wreath laying in Welton-by-Lincoln.

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Heighington Parish Council decorated St Thomas’ Church and the Thomas Garrett Heritage Rooms with knitted poppies. Parish Councillors laid wreaths at two Remembrance services.

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There was a strong turnout of over 100 residents for the Remembrance Service at Saxilby including a large number of children from the Saxilby Scouts and Guides groups. Following the service, around 60 people visited the Community Centre for coffee and cakes, which were baked by councillors, staff members and assorted partners. The service was filmed and posted online for the benefit of those residents who could not attend in person.

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Lincolnshire Community Foundation – Grange Wind Farm Community Fund

The closing date for the Grange Wind Farm Community Fund is fast approaching on 1st January 2023. Not-for-profit community groups and registered charities, along with Schools, Parish Councils and Churches who are based within a 10-mile radius of The Grange Wind Farm, located between Sutton Bridge and Tydd St Mary may apply for up to £5,000 per round.

General running costs may now be considered for existing projects to support groups through the cost-of-living crisis. Groups wishing to extend their delivery due to the demand on their services, for example a lunch club running once a week, seeking funding to open for additional days to provide food and warm spaces to the community may be given priority.

Over the last year, the fund has supported Tydd St Mary Parish Council in providing safety surfacing area for the Tydd Gote play area and has supported Long Sutton Cricket Club in renovating their showers, toilets and changing facilities.

The application process is straight forward, and our team are here to help with any questions applicants might have (eligibility, structures, governance etc). If you have an idea and want to speak to Grants staff before applying, please call 01529 305825.

For an application form and more information: Contact Katie Littlewood: Telephone (01529) 305825, email katie@lincolnshirecf.co.uk or download an application form from our Grants Page at lincolnshirecf.co.uk.

Katie Littlewood, Grants Manager at Lincolnshire Community Foundation says: “The panel recognise the need to support groups and organisations through the challenging times we are facing, therefore have made the decision to open applications up to support general running costs and overheads”.

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Chancellor urged not to cut children’s access to free outdoor play

Press release from the Association of Play Industries (API) – Supporting the UK Play Industry:

The government has the power to make a significant positive impact on children’s health and wellbeing in the budget this week, despite fears of another round of austerity.

Free-to-use public playgrounds are the most popular location for children’s outdoor play*, providing an essential public service at minimal cost to the taxpayer.  The Association of Play Industries is urging the Chancellor not to overlook these vital community assets.

API Chair Mark Hardy says:

“The restrictions of the last two years have brought home to all of us the importance of free community play spaces and the central role they have in children’s physical and mental health. The impact of lockdowns on children has been profound – hugely exacerbating the child obesity and mental health crises – and children are only now beginning to re-engage.”

 Press speculation that the budget will include sweeping cuts to public spending have prompted the API to appeal to the government to protect children’s health.

The last time public spending cuts were enforced, there was a dramatic decline in the number of public play spaces, leaving many children – particularly those in deprived areas – with nowhere to play,” says Mark.

“If the government is serious about Levelling Up, they must ensure that all children have equal play opportunities by protecting free-to-access playgrounds: we have long campaigned for a dedicated central funding stream to ensure all sectors of society are well-served by such facilities. However, given the current economic outlook, we would simply urge the Chancellor to ensure as a minimum that funding for play spaces is ringfenced and unaffected by any cuts to public expenditure.”

The myriad benefits to children of regular outdoor play are well-documented.  “Playgrounds help tackle childhood obesity, mental health and sleep problems and children play out more when they have a playground nearby,” adds Mark. “At the heart of communities, public playgrounds are also essential for social cohesion, connecting people every day and promoting inclusivity where children from all walks of life and all abilities play together.”

 

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Considering quotations and tenders

 

LALC team have received various questions and comments about the best practice for considering quotations and tenders.

 

Transparency and declaration of interests

 The agenda should make it clear what item is being considered so councillors know if they have to declare an interest (pecuniary or non-pecuniary) prior to considering the item.  Failure to declare a pecuniary interest and to participate in speaking in the debate and voting may be a criminal offence under the Localism Act 2011 if a dispensation has not been granted for them to remain in the meeting or vote for that item.

 Agenda item example:

 To consider and approve the quotes received to undertake grass-cutting for 2022-23 from Jo Bloggs, Smiths Ltd, Jones & Son, White & Co.

 Obtaining best value and due diligence

 It is usual to consider the award of contracts as a confidential item so that the Council or committee should resolve to go into a confidential session:

 To resolve to exclude the media and the public to consider items that may include the disclosure of confidential information regarding contracts in accordance with S.1(2) Public Bodies (Admission to Meetings) Act 1960

 This allows the council to be able to debate the quotations and contracts in a way that can ensure that full information about the commercial aspects of the contracts can be debated, for example, there may be local knowledge, past experience and other aspects of the contract that need to be discussed before the award of the contract.  If the item is discussed as a confidential item, the Council should come to a resolution as to which contractor is appointed and Model Standing Orders state:

 Neither the Council, nor a committee or a sub-committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender.

Some councils prefer to consider the quotations/ tenders in two stages with a financial test identifying the various quotes/tenders as labelled as A,B,C,D,E and this allows the council to rank them or score them purely on the financial costs.  However, this should not be the only criteria as then the Council should discuss the merits of the contractors such as may have been identified by the council as important such as previous experience of the contractor, any specific items the contractor needs to provide such as location, equipment or certificates. 

 This process allows the Council to obtain Best Value for the community.  Contractors have a right to challenge the decision so the process should be fair and transparent if challenged by any contractor or member of the public.

 Contractors may have been asked as part of the invitation to quote or tender to provide details of business referees and if successful may be required to provide proof of public liability insurance, method statements, etc.