Parish Council - FAQs

Frequently Asked Questions

When and where does the Parish Council meet?
Parish Councils can meet any day of the week including weekends. If they do meet at the weekend they should ensure that the correct amount of notice is given for the meeting.
Parish Councils cannot meet in private homes. If a community meeting place such as a village hall cannot be provided, it may after reasonable notice, meet in a local authority or grant maintained school free of charge. Where a school room is used any incidental costs such as light, heat, caretakers costs etc. must be recompensed.
Parish Councils cannot meet in any premises which supply alcohol unless no other venue is available free or at reasonable cost.
There is no legal requirement for Parish Council meetings to be held within the boundaries of the parish.
Rufford & Holmeswood Parish Council meets in Rufford Village Hall nine times per year, usually on a Monday evening.
Every council must publish in advance when key decisions will be taken and publish meeting papers at least five working days beforehand.
The minutes of the meeting, summarising decisions, must also be published.
In addition to the usual Parish Council meetings there may be committee, sub-committee or working group meetings. There is the Annual Parish Meeting, which NOT a council meeting , but a public meeting for parishioners.

Can residents ask questions or state their views during Parish Council meetings?
Residents have the right to attend all Parish Council meetings. You do not have the right to speak (although the Chair may allow you to do so) during the formal Parish Council meeting but it is best practice for a period to be set aside for public question time (normally referred to as the Public or Open Forum) before the start of the meeting when the public should be allowed to ask questions or make statements on any issue affecting the community.
Individual Councils may have rules that specify the business that you may raise and how long you may speak. The Chair controls this session which will not be minuted but the Clerk should record notes of the issues raised.
Parish Councillors should be open, accountable and transparent in their decision making. They may only exclude the press and public under very limited circumstances.

Is there a minimum or maximum number of Parish Councillors in each parish?
The number of councillors on a Parish Council is set by the Borough Council. The number of councillors can be increased or decreased as local populations change. The minimum number of councillors is five.

Can the Parish Clerk be part of a discussion during a Parish Council Meeting?
No. Parish Council meetings are for the elected councillors to discuss matters and make decisions. The Parish Clerk's role during meetings is to take the minutes, recording any decisions made. They may speak to clarify a legal point relating to Parish Councils if requested to do so by the Chair.
If clarification is sought by another councillor, the Chairman should intervene and seek clarification of the matter on behalf of all the councillors.
It should be remembered at all times that the Parish Clerk is not elected and meetings are an inappropriate place for them to voice their opinion.C

Can the Clerk chair a Parish Council Meeting?
No, this is illegal. The Clerk is not elected and cannot sign an acceptance of office as they are a Parish Council employee. If the Parish Clerk is chairing Parish Council meetings the proceedings are illegal and invalid. Any decisions taken could result in the councillors being surcharged i.e. fined by the District Auditor.

Is the Clerk paid a salary?
Yes, as he/she is an employee. If a Parish Clerk does not have a contract the council and councillors may be exposing themselves to unnecessary liability should there be a dispute. You are entitled to ask the Council about the Clerk's salary, under the Freedom of Information Act. The Council, as an employer; as such, must abide by employment law and should apply good employment practice. The Council is responsible for measuring objectively the performance of the Clerk in relation to the job description imposed by the Council.
If a Parish Councillor or Chair steps down then becomes Clerk to the same Council, he/she cannot be paid for the first 12 months.

Are the Parish Councillors paid?
Although Councillors at Parish level do have a right to be paid, in most cases this right is not exercised. They are entitled to claim out of pocket expenses (unless they are co-opted councillors), but most do not. In many cases, it is only the Chair who will claim for some of their expenses.

Can Parish Councillors get special favours?
Councillors work under a strict Code of Conduct and such behaviour is not acceptable, It can lead to them being barred from office. The code of conduct applies to all councillors irrespective of the size of the council and number of members.

Can a Councillor be paid to do work for the Council?
It is unlawful to employ a Councillor as a paid employee on the same Council but a Councillor or his/her firm may enter into a contract for services with the Council provided the process is transparent and the Councillor declares a prejudicial interest.

What happens when there is a planning application from a near neighbour of a Parish Councillor ?
The relevant councillor should declare a personal and prejudicial interest and should join the public/leave the room for the item although Parish Councils have no special planning powers. They are statutory consultees with the same rights as a member of the public. They have no powers to approve or reject a planning application.

Are the Parish Council accounts subject to internal or external audit and does the public have a right to see them?
Regulation 6 of the Accounts and Audit Regulations 2003 (as amended) imposes a duty on Parish Councils to maintain an adequate and effective system of internal audit of its accounting records and of its system of internal control in accordance with the proper practices in relation to internal control.
A strong internal audit should check that the Parish Council has strong processes and controls not only over money but all other areas to help ensure that they operate legally and comply with all relevant legislation.
Parish Councils have powers to spend money on certain specific items, and can additionally spend a small amount (set by government) per elector on other items (this is called Section 137 spending).
They have to have their accounts properly audited each year, and the accounts are open for inspection by the public in the run-up to that audit.
After the completion of the annual audit your Parish Council MUST publish the 'Notice of conclusion of audit and right to inspect the annual return' in accordance with Section 14 of the Audit Commission Act 1998; the Accounts And Audit Regulations 2003 (Si 2003/533) and the Accounts And Audit (Amendment) Regulations 2006 (2006/564)
The annual return is available for inspection by any local government elector for the area of the council on application to the parish clerk. The notice must state when and where the annual return is available for inspection.
All accounts and supporting documentation must be available for inspection. It is an offence to obstruct inspection.

How do I complain TO the Parish Council?
You should put your complaint in writing or email and send it to the Parish Clerk or Parish Chair if your complaint is about the Parish Clerk. Your Parish Council should have a formal complaints procedure under which your complaint will be acknowledged and you will be advised to expect a reply within a certain number of days. Complaints about councillors should be sent to your local standards committee not the councillors Parish Council.

How do I complain ABOUT the Parish Council?
You should put your complaint in writing to the Clerk whose contact details should be available on parish notice boards and on this website. The Council should have a complaints procedure which should be readily available for residents to view. Your complaint should be acknowledged and a timeline given for reply. Ask the Parish Clerk for a copy of the procedure.
A good complaints system should be well publicised and easy to use; helpful and receptive; not adversarial; fair and objective; based on clear procedures and defined responsibilities; quick, thorough, rigorous and consistent; decisive and capable of putting things right where necessary; sensitive to the special needs and circumstances of the complainant; adequately resourced and fully supported by councillors and officers.

How do I complain about an INDIVIDUAL Parish Councillor?
If you want to make a complaint about the behaviour of a particular Councillor, you must write to the relevant Borough or County Council's Standards Committee.
The Standards Committee is a group of people appointed by the Council to help promote and maintain high ethical standards of conduct by the people who represent you on a Council. Some of these people are Councillors but some are Independent members of the Committee, who are not Councillors or employed by the Council. The Committee deals with complaints about the behaviour of councillors. It will only deal with matters covered by the Councillors' Code of Conduct.

The Code itself is very detailed but the general obligations on Councillors in the code relate to:

Treating others with respect

Complying with Equality Laws

Bullying and intimidation

Compromising the impartiality of Council officers

Disclosing confidential information

Preventing access to information

Disrepute

Improper use of position as a Councillor

Use of the Council's resources

Considering advice provided and giving reasons for decisions

These obligations apply to:

interests; where a Councillor's personal or professional interests may come into conflict with their duties as a Councillor

personal behaviour

Gifts and hospitality

The Code of Conduct applies when Councillors are on Council business or otherwise in their capacity as a Member of the Council, for example at a School Governors meeting where the Councillor has been appointed as a Governor by the Council. It will not necessarily apply to Councillors' conduct of their private lives.
The Committee will not deal with complaints about:

Council employees

Behaviour that took place before the person was a Councillor, or before the new Code of Conduct was introduced (May 2008)

The way the Council conducts or records its meetings

Actions or decisions taken by the Council as this may be a matter for the Local Government Ombudsman.

You should write a letter or fill out a complaint form on the council's website. You can only complain by phone or in person if you have a good reason, for example a disability that makes it difficult for you to write. You must say:

who the complaint is about

why you think they haven't stuck to the code of conduct (with dates and examples)

You'll find out in writing what happens next. The standards committee will meet to discuss your complaint within 20 days. They follow a set of rules to help them decide if they will:

investigate it

speak to the councillor or give them extra training

send it to Standards for England (formerly Standards Board for England) if it is serious

decide no action is required

If you disagree with the decision you can ask the committee to look at the complaint again. You can send them new evidence and different people will discuss your complaint.

Can I involve the Local Government Ombudsman in my complaint?
Not normally, no. The Local Goverment Act 1974 (S34(1)) defines the authorities that may be investigated. Parish and Town Councils are not included in this definition. But a complaint may be considered if the council has acted on behalf of another council. So, for example, if a County Council has arranged that the Parish Council should maintain the grass verges, then the Ombudsman may be able to look at a complaint about this.

What is the Parish Council quorum?
The Parish Council quorum is the minimum number of councillors present at a Parish Council meeting to make legally valid decisions. The quorum calulation is three or one third of the number of seats on your council, whichever is higher. Casual vacancies do NOT affect the quorum calculation
A casual Parish Council vacancy is where a vacancy for a Parish Councillor arises between elections. This can be for a variety of reasons including:

Death

Resignation

Failure to attend meetings for six months

Legal disbarment

The Parish Clerk must post certain notices with reference to a casual vacancy procedure and if ten or more local electors demand it there wouild be a by-election. In the absence of a by-election being called, there should be a best practice procedure for co-opting a Parish Councillor.
Parish Councils may also co-opt non-Councillors to Committees and Working Parties which can be a useful way for volunteers to support their work.
The Parish Council may advertise by-elections provided it does not promote or name a particular candidate. The Borough Council will have available statutory rules governing what the Council can and cannot do.
Where a council has councillor vacancies which it may be struggling to fill, it must advertise the vacancies prior to co-opting a person on to that council.

Who can become a Parish Councillor?

A Parish Councillor must be:

a British citizen, or a citizen of the Commonwealth or the European Union, and

18 years or older on the day you become nominated for election

for the whole of the 12 months prior to nomination he/she must:

have been an elector of the parish and either occupied or owned/rented premises in the parish, or

resided within 3 miles of the boundary of the parish, or

had his/her principal or only place of work in that area

You cannot stand for election if you:

• are the subject of a bankruptcy restriction order or interim order
• have, within five years before the day of the election, been convicted in the United Kingdom of any offence and have had a prison sentence (whether suspended or not) for a period of over three months without the option of a fine
• work for the council you want to become a councillor for

What does a Parish Councillor actually do?

Main Duties and Responsibilities
(please note that the below are indicative and not requirements although there is a legal requirement to attend local council meetings and abide by the code of conduct)

To participate constructively in the government of the Parish

To participate fully in the formation and scrutiny of the Parish Council's policies, budgets, strategies and service delivery including the 'Parish Plan'.

To ensure, with other councillors, that the Parish Council is properly managed.

To keep up to date with significant developments affecting the Parish Council at local, regional and national levels.

To represent effectively the interests of the ward for which the Councillor is elected and deal with Parishioners enquiries, representations and complaints.

To represent the whole electorate; listen, and then represent the views of the whole community when discussing council business and working with outside bodies

To take an active part in the Parish Council's arrangements to build community capacity and promote measures that contribute to the Parish Council's Vision.

To attend Parish Council meetings.

To prepare for meetings and being properly informed about the issues to be discussed.

To take part in meetings and form sound judgements based on what is best for the community and then abide by majority decisions.

To represent the Parish Council on outside bodies to which the Councillor is appointed including the Standards Committee and Governing Bodies.

To maintain proper standards of behaviour as an elected representative of the people.

To fulfil the statutory and locally determined requirements of an elected member of a Local Authority and the Parish Council, including compliance with all relevant codes of conduct and maintaining high ethical standards, (including not disclosing confidential information and not using council resources for political purposes or for any other reason unless agreed by the Council)

To participate effectively as a member of any committee or working party to which the Councillor is appointed.

To contribute constructively to open government and democratic renewal to actively encourage to the Parish to participate generally in the government of the area and provide access to information where appropriate.

To uphold the Parish Council's Standing Orders and ethical standards (ensuring that the impartiality of council staff is not compromised).

To produce an annual report to enhance their accountability to the public by providing details of official activities and the contribution made to the effective operation of the Parish Council.

How do I become a Parish Councillor and what skills are necessary?
You will need to put in time and effort to be an effective Councillor
As a local representative, you will:

Engage with the local community and keep up to date with issues of local concern

Provide a voice for all sections of the community

Mediate between individuals and organisation

Campaign on behalf of the Council or individuals

Manage public funds and seek best value

Communications Skills

Seek out and listen to others' views

Listen actively, ask questions, check understanding

Be objective and rigorous in analysing and evaluating complex information

Present information clearly, concisely and accurately and avoid jargon

Keep people informed through regular feedback

Know who to speak to or write to

Develop IT skills

Leadership Skills

Represent the Council and the community

Have a clear vision and communicate this to others

Be results-oriented, lead by example

Take responsibility

Champion initiatives and implement change

Foster a culture of trust, empowerment and participation

Develop public speaking skills

Personal Effectiveness

Demonstrate integrity, be reliable, consistent and open

Remain calm and objective in difficult situations

Be creative, developing new ideas and identifying alternative approaches

Strive for improvement

Manage available time well by prioritising

Use interpersonal and negotiating skills

Knowledge

Understand the law relating to Parish Council meetings

Understand the Code of Conduct

Understand planning law and local policy

Understand the roles of different tiers of local government

Know your local County/Borough Councillors and key officers

Know about local voluntary sector organisations external funding opportunities