LALC eNews 9th February 2024

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.

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Current vacancies

Position

Closing date

Edenham Parish Council

Clerk/RFO

No closing date

Addlethorpe Parish Council

Clerk/RFO

11th September 2023

Baston Parish Council

Clerk/RFO

30th November 2023

Stubton Parish Council

Clerk/RFO

18th November 2023

Fulbeck Parish Council

Clerk/RFO

4th December 2023

Bicker Parish Council

Clerk/RFO

31st January 2024

Skidbrooke-cum-Saltfleet Parish Council

Clerk/RFO

15th February 2024

Barkston & Syston Parish Council

Clerk/RFO

16th February 2024

North Kelsey Parish Council

Clerk/RFO

12th February 2024

Gedney Hill Parish Council

Clerk/RFO

29th February 2024

Stamford Town Council

Chief Executive Officer (Clerk/RFO)

16th February 2024

Stamford Town Council

Communications & Engagement Officer

16th February 2024

Hemswell Cliff Parish Council

Clerk/RFO

23rd February 2024

Friskney Parish Council

Cemetery Caretaker

29th February 2024

Immingham Town Council

Assistant Town Clerk

16th February 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, costing £60, which ensures that your advert also appears on Lincolnshire County Council’s website, Facebook, and LinkedIn (in addition to the LALC website and eNews). 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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New Parkinson Partnership online training dates just released

New Clerk’s Finance 28th February

Internal Controls         6th March

Contact enquiries@lalc.co.uk to book – these courses cannot be booked via the portal.

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Upcoming training – places still available

New Clerk’s Induction – 15th February, 10:00 – 16:00, LALC Office, Dunholme

End Of Year & Audit Processes Briefing – 27th February, 13:00 – 16:00, Welbourn Village Hall

See the latest Training Bulletin for course details. Book your place via the portal (login required).

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CiLCA congratulations

Congratulations to Amanda Eastwood, Deputy Clerk at Horncastle Town Council on attainment of the CiLCA qualification.

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Essentials of good governance for Local Councils

A parish/town council must have in place the following documents: 

  • Standing Orders 

  • Financial Regulations 

  • Employment contracts with the Clerk and other staff

  • Terms of reference for all committees (Staffing Committee is essential)

  • Code of Conduct 

  • Register of interests

  • Publication Scheme

  • Complaints Procedure 

  • Accessibility Statement on website (Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018)

  • Transparency Code 2015 compliance for smaller authorities (below £25,000 and over £200,000)

  • Employer’s Liability insurance

  • Approved budget

  • Asset Register 

  • Declarations of Acceptance of Office for Councillors and the Chair.

Q. We are a small council – should we have any committees?

A. Yes. You are an employer and should have as a minimum a Staffing Committee with delegated powers to deal with staffing matters (the delegation should be clearly set out in Terms of Reference for the committee).  In accordance with ACAS guidelines you need to be able to make decisions regarding discipline, grievances, employment changes and the employee may have a right of appeal to either full council or another appeal committee.  Failure to follow ACAS guidelines may leave the council at risk of adverse judgements at Employment Tribunal if a case is taken. 

Q. Our Clerk is self-employed and submits invoices every month so why do we need a staffing committee?

A. Clerks cannot work for a council on a self-employed basis - they must be an employee.  HMRC specified this in their Employment Income Manual - EIM67300 - Tax treatment of Parish and Community Council Clerks in England and Wales: assessment of payments to clerks.  Parish Councils must operate PAYE arrangements, be registered as an employer and notifying HMRC through real-time information every time they are paid wages/salary.  They must also be registered with The Pension Regulator.  

Q. How often do Declarations of Acceptance of Office need to be completed?

A. On taking office after being elected or co-opted onto the council as a councillor and this does not have to be repeated again until the start of a new term such as after last May’s elections if they stand again.  The Chair must complete a Declaration of Acceptance of Office on taking office as Chair and again every May if elected again each year even if they are re-elected.  The term of office of the Chair always comes to an end at the May Annual Parish/Town Council meeting.  The role of Chair must be filled by election at that meeting and a new Declaration of Acceptance of Office signed.  The document is always kept by the Proper Officer/Clerk – it does not need to be sent to the District/Borough Council.  

Q. Do we have to have our own Code of Conduct or can we use our District / Borough Council’s Code of Conduct?

A. The Localism Act 2011 S.27 (3) says you can adopt your District /Borough Council Code of Conduct.

27 Duty to promote and maintain high standards of conduct

(1) A relevant authority must promote and maintain high standards of conduct by members and co-opted members of the authority.

(2) In discharging its duty under subsection (1), a relevant authority must, in particular, adopt a code dealing with the conduct that is expected of members and co-opted members of the authority when they are acting in that capacity.

(3) A relevant authority that is a parish council—

(a) may comply with subsection (2) by adopting the code adopted under that subsection by its principal authority, where relevant on the basis that references in that code to its principal authority’s register are to its register, and

(b) may for that purpose assume that its principal authority has complied with section 28(1) and (2).

Q. Do we need Public Liability Insurance?

A. Every Council should maintain a risk register and within that decide how much of the risk they will self-finance and how much risk is covered by insurance.  Larger councils often do this and can afford to cover amounts that for a smaller council would be impossible to pay without insurance, for example, a person walks on a playing field and injures their leg due to uneven ground and sues for £20,000.  An insurance company will want to know how often you check the land.  Another resident sits on a bench and gets an injury from damage.  The claim for compensation could be passed over to the insurer to deal with. 

Q. Does the Council have to deal with every complaint? 

A. No.  The Council should ensure that the Complaints Policy/Procedure makes it clear that complaints about Councillor Conduct must go to the Monitoring Officer, criminal matters must go to the Police, complaints about errors or concerns about financial matters and lack of transparency about its governance should be taken to the External Auditor. 

Q.  An individual is asking for documents and information about a project we are managing.  Do we have to provide the information requested?

A. The Freedom of Information Act 2000 applies to parish and town councils.  LALC recommends that councils adopt a policy and specify that the Clerk is delegated to deal with most requests. Once the decisions are made on what information is held and provided and what is not being provided because it is either exempt or not held then any complaint / appeal is handled by a committee.  If the requester is still unhappy they can ask for an internal review and then if they wish to appeal they can take it to the Information Commissioner to consider. 

Q. We did a review of the Asset Register and found three things missing bought in 2017, 2019 and 2021 and an asset we disposed of in 2020.  What should we do?

A. Update the Asset Register with the items added from the date of acquisition and remove the item disposed of from the date of disposal.  The new total value will be shown on the latest Annual Financial Return on AGAR form, and you will need to ‘restate’ the previous year’s asset figure to the correct figure for that financial year.  

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NKDC Councils – Storm Henk Help for residents/businesses

Do you know someone whose home or business was severely impacted by the floodwater from Storm Henk, between Tuesday 2 and Friday 12 January 2024?

If their home was made unliveable or their business stopped from trading, they may be eligible for help. Find the criteria and online application form: https://www.n-kesteven.gov.uk/benefits-support/flood-recovery-domestic-commercial-properties?utm_medium=email&utm_source=govdelivery

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NALC involvement in parliamentary debates

Last week, NALC briefed members of the House of Lords on two debates in Parliament. We were keen to highlight the key messages from our response to a Department for Environment Food & Rural Affairs (DEFRA) consultation on the protection of hedgerows and the challenges our councils have had with banking.  

Regarding hedgerow protection: 

  • Calling for updating Schedule 1 of the Hedgerows Regulations 1997 with a clear, transparent, and more widely understood definition of a ‘protected hedgerow’ and ‘important hedgerow’ 

  • Ensuring there is a greater understanding of land covered by the 1997 Hedgerow Regulations.  

  • Asking DEFRA to record 'important' hedgerows on subsidised agricultural holdings and clarify the definition of state-owned land. 

  • Calling for local councils to be consulted on the removal of protected hedgerows and have a recognised role in the future mapping/overseeing of important hedgerow 

  • Calling for the simplification of the system and removal of inconsistencies in hedgerow protection and enhancement.  

 On banking, this included: 

  • Highlighting challenges faced by our councils, such as an inability to complete mandate drawdowns for bank accounts, change of signatory problems, account closure threats, councillors being asked to go into bank branches 50 miles away to open accounts, and clerks being asked to produce financial evidence to confirm that their councillors had not been bankrupt 

  • Calling for improvements in the banking system for local councils, including a personal point of contact, a simpler and more responsive system recognition system for mandate changes, user-friendly online forms, and single, dual, or triple authorisation options.  

  • Advocating for clear passwords for telephone banking, real-time communication options, and a better understanding of local councils by banks. 

  • NALC has also developed a new banking webpage containing a range of resources for both local councils and banks

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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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COUNCIL NEWS

FEBRUARY 2024

Council’s New Duty to Prevent Sexual Harassment

From October 2024 new legislation (s40A Equality Act 2010) will create additional legal requirements for Councils, along with all Employers, to take proactive steps to prevent Sexual Harassment at Work. Councils will not be able to simply rely on paper-based training and policies within staff handbooks to defend themselves against claims of Harassment.  Instead they will need to take pro-active steps to demonstrate that they are preventing the problem. 

Although the Government has not yet issued a step-by-step guide as to what proactive steps are, the following Town/Parish Council specific guidance notes have been developed from the Equality and Human Rights Commissions as recommendations for all Employers.

  • The Full Council, or a Committee with delegated responsibility, will need to review existing procedures, including defining what constitutes harassment, steps to take should the problem arise, protection the Council will provide to those reporting it, and sanctions against offenders. As a result, a policy and procedure that is specific to the needs of the Council should be drafted.

  • Staff should be consulted on the draft policy and procedure, to get their suggested adjustments, as well as commitment to the document.

  • The document should be issued to Councillors, staff and displayed in public areas.

  • All Councillors and staff should either attend a briefing session regarding how the new/updated policy and procedure works, or be required to read the document and sign it to confirm that they understand and will comply with it.

  • This will need to be repeated on an annual basis to ensure that the training doesn’t become outdated. Provision of annual training would enable a Council to demonstrate that it has taken reasonable steps to prevent the problem. This can provide the Council with a valuable defence if it has to defend a claim of Sexual Harassment at the Employment Tribunal.

  • The policy and procedure should include a simple and user-friendly reporting process should problems occur, as well as set out what action will be taken against offenders. For example, Employees who are found to have committed acts of Sexual Harassment would be accused of Gross Misconduct.

  • Elected Members who are accused of Sexual Harassment may have breached the Integrity Standard of the Code of Conduct. In these circumstances the Council could report the problem to the District Monitoring Officer, asking for the matter to be addressed promptly and without undue delay.

All Councillors and Employees of the Council should be fully aware of the Policy and Procedure and understand how it can be implemented.

From October 2024 Councils could face a surcharge of 25% on top of any compensation awarded to an Employee who successfully makes a claim of Sexual Harassment at an Employment Tribunal, if a Council cannot demonstrate how they have complied with the new rules.

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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BBC investigation of abuse and intimidation within local government

Both NALC and SLCC collaborated with a BBC investigation focused on the abuse and intimidation affecting councillors and those working within local government and join sector partners in advocating for change.

In the BBC article, six bodies including NALC and SLCC, representing local authorities at all levels in England and Wales, have warned abuse levels are unacceptably high.

The BBC investigation found examples of abuse suffered by those in local government, including clerks to town, parish and community councils and highlighted cases of harassment, stalking, threats and assault. As well as these behaviours affecting the wellbeing of individuals and their families, they undermine the effectiveness and governance of councils and impact local communities and frontline services. This results in resignations of hardworking councillors and employees, difficulties in staff retention and recruitment, additional costs, and an unwillingness of good local people to stand for election as councillors.

SLCC, NALC and One Voice Wales (OVW) recognise this worrying trend and, in response, the Civility and Respect Project has been founded. The Project is championing civility and respect in the sector through a range of resources to foster a culture change. One of the ways a council can demonstrate its commitment to standing up to poor behaviour and positive change to support civil and respectful conduct is by signing up to the Civility and Respect Pledge. By signing the Pledge, a local council is agreeing that it will treat councillors, clerks, employees, members of the public, representatives of partner organisations and volunteers with civility and respect in their roles. This highlights to the public how seriously a council takes behavioural responsibilities, and, over the last year, more than 1,400 councils have signed up to this.

Read the full BBC story: http://tinyurl.com/4judktae

Watch the episode on Newsnight (BBC iPlayer): http://tinyurl.com/3xw23cwh

Civility and Respect project: https://www.nalc.gov.uk/our-work/civility-and-respect-project

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Martyn's law consultation

The Terrorism (Protection of Premises) proposed Bill has re-surfaced in the form of a further consultation over the proposed Standard Tier of premises (premises with a capacity between 100 and 799).  This consultation thread is therefore now back in the draft consultation response phase.

The new consultation has a deadline of 18th March 2024:

https://www.gov.uk/government/consultations/martyns-law-standard-tier-consultation

The Home Office will be hosting a free information webinar for interested public sector bodies which may own or manage buildings and premises falling in the scope of the standard tier of the draft Terrorism (Protection of Premises) Bill, including local councils. The free webinar will take place between 15:00 – 16:00 on 13 February 2024 on Teams.

Further information on the webinar: http://tinyurl.com/4fe59rf2

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Grants for environmental & energy efficiency projects

Grants up to £5,000.00 are available to not-for-profit community groups, PTAs, clubs, groups and social enterprises that support community activity who are based within a 10-mile radius of Bicker Fen Substation. Churches who can demonstrate wider community benefit may also apply.   

Funding is available for projects and activities relating to conservation, energy efficiency, and environmental improvements, along with educational projects contributing to conservation. In the past the fund has supported, solar panels for village Halls, gardening projects and energy efficient lighting for a community building.

For more information on the criteria and guidelines of the Fund, and to download an application form please visit: www.lincolnshirecf.co.uk/grants

Closing date: 1st April 2024

If you have an idea and want to speak to the Grants Manager before applying, please contact Katie Littlewood, 01529 305825 or katie@lincolnshirecf.co.uk 

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Dispose of household waste

Your household waste must be disposed of correctly. If you’re giving it to someone else, you must make sure that they’re legally allowed to take it.

You could be fined if you give your household waste to someone who is not legally allowed to take it.

What counts as household waste

Household waste is any waste that comes from your household. It can include:

  • your usual household rubbish

  • unwanted or unusable items such as old mattresses, furniture or electrical items

  • garden waste

  • oils and paints

  • scrap metal such as old car parts

  • septic tank sludge

  • DIY waste such as rubble, timber or bricks

What to do with household waste

Most of your usual household rubbish can go in the bins provided by your local council. Check what your local council collects and how to order bins: www.gov.uk/find-local-council

For rubbish that you cannot put in the bins, you can:

  • dispose of garden waste through your local council www.gov.uk/garden-waste-disposal

  • take your waste to the household waste and recycling centre run by your local council

  • take your waste to a permitted private waste site

  • use a registered private business that provides a waste collection service - for example, a skip company or household clearance service, and get a receipt.

  • give old electrical items to retailers when you buy new electrical items from them with the same function - for example, you can give a shop your old kettle when you buy a new one

  • give away or sell reusable items - for example, by giving items to a charity shop

Using a tradesperson

If you hire a tradesperson for construction or renovation work, any waste they produce is classed as business waste. Your tradesperson is responsible for removing the waste and disposing of it correctly. They can check what they need to do online: www.gov.uk/dispose-business-commercial-waste

Checks you need to do if you use a private waste company

What you need to do depends on if you’re:

  • using someone else to get rid of your waste, for example, a skip company or house clearance service

  • getting rid of your waste yourself

If someone is getting rid of your waste for you

If you use a private business that provides a waste collection service, you must check the company is on the register of waste carriers. You need to select ‘upper tier’.

http://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers

If you’re giving your waste to a scrap metal collector, you can also check that they’re on the register of scrap metal dealers: www.gov.uk/public-register/view/search-scrap-metal-dealers

If you arrange for a charity to collect items, you must check the charity is on the register of waste carriers. You need to select ‘lower tier’. http://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers

 If you’re getting rid of your waste yourself

If you’re taking your waste to a private waste site, you must check the site has either:

  • an environmental permit for waste operations

  • a registered waste exemption

Ask the company that runs the site for their permit number or exemption registration number. Check the number against:

Alternatively, do a check through your local council www.gov.uk/find-local-council or the Environment Agency.

Environment Agency

enquiries@environment-agency.gov.uk 

Telephone: 03708 506 506

Monday to Friday, 8am to 6pm

Fixed penalty notices and fines

If you give your waste to someone who cannot legally take it and you did not do the necessary checks on them, you might:

  • be prosecuted and have to pay a higher penalty - for example, if you do not pay your penalty notice on time or if you’ve previously had a penalty notice for a similar offence

This could happen, for example, if something that has been fly-tipped (dumped illegally) is identified as yours.

Reporting waste crime

Waste crime is dealt with in accordance with size, scale, environmental impact and who’s involved.

The Environment Agency is responsible for dealing with large scale waste crime. This looks like more than a lorry load of waste. Signs that you could be witnessing waste crime include:

  • increased numbers of lorries entering a site

  • drastic increases in waste stored on sites in a short period of time

  • activity out of hours

  • waste going in but not coming out

  • smoke

  • water pollution

  • machinery operating like excavators, dust, noise and increased site work

You can report these types of waste crimes and those you believe are involved to our partner, Crimestoppers. 100% anonymous. Always. 0800 555 111 or online: https://crimestoppers-uk.org/give-information/forms/give-information-anonymously

Local councils are responsible for dealing with small scale waste crimes, such as fly-tipping. They also have powers to fine unregistered waste carriers, to investigate and deal with statutory nuisance and waste issues, such as someone burning waste in their garden impacting their neighbour and noise and dust nuisance from waste activities.

You can report these types of waste crimes to your local council: www.gov.uk/find-local-council

In addition, local councils share responsibility with the Environment Agency for some medium scale waste crimes such as illegal dumping, disposal, treatment and burning.

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Protecting Your Social Media Accounts 

An important message from Cyber Protect about your social media accounts. This information is worth passing on to friends and family and indeed your social media contacts.

 How do criminals hack into social media accounts? Here's one way...

 You'll receive a text from someone claiming they have accidentally sent their verification code to your number. You might even receive these messages from friends or family members. 

 If you share the code, it'll allow the criminals to login to your account.

 

Never share verification codes... with anyone! *It's not really your friend or family member sending you the message, their account has been hacked and the hacker is impersonating them.

#CyberProtect

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Fraud Pack from The Police & Crime Commissioner

Your Police and Crime Commissioner has launched a new campaign to tackle fraud by empowering communities to identify and report fraud through the distribution of free fraud prevention packs. 

The free pack includes materials such as door stickers and information leaflets to help you to identify fraud and protect yourself and your family.

To request your free fraud prevention pack, visit https://bit.ly/3ue4BXI

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NALC National Network: climate emergency  

NALC’s climate emergency network met online on 5 February 2024 to discuss the Climate and Ecology Bill, the Great Collaboration Website, the Local Net Zero Forum Task and Finish Group, and a recent roundtable for local councils that have adopted a Net Zero 2030 policy. Guest speaker Allan Scott Grey, political communications manager at Zero Hour, informed network members that the Climate and Ecology Bill aimed to reduce emissions consistent with limiting global warming to 1.5C and to halt and reverse nature loss. The bill was about to be reintroduced to Parliament, and local councils could show their support by presenting motions supporting the bill and signing the open letter: http://tinyurl.com/4faya7yk

The Centre for Sustainable Energy is running two webinars on their Community Carbon Calculator:

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February edition of Neighbourhood Watch ‘Our News’

Read it here: http://tinyurl.com/56v9jddd

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ELDC Community Leaders Engagement Briefing

The next meeting takes place on 21st March, 12:00 – 13:00 via TEAMS.

Details and minutes from the last meeting can be found on the LALC website:

https://www.lalc.co.uk/east-lindsey-community-leaders-briefing?#scrollTop=0

 ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰ ꙰꙰