Local Council Charter
Relationships between the Principal Councils and
Local Councils within Warwickshire
Contents Page
Introduction 2
PART
1 All Local Councils
Sustainability 3
Community Strategies and Local Strategies Partnerships 3
Parish Plans and Market Town Health Checks 3
Local Governance 4
Local Councils as Agents and Partners of the Principal
Councils 5
Consultation 5
Emergency Planning 7
Dissemination of Urgent Information 7
Information 7
Complaints 9
Standards Committees 9
Concurrent Services 9
Local Community Life 9
Practical Support 10
PART
2 Quality Local Councils
Delegating Responsibilities for Service Provision 11
Information and Access Points 12
Appendix 1: Code of
Practice for Local Councils for Handling
Complaints
on Administration and Procedure 13
Appendix 2: Principles
of Financial Arrangements for the Delegation
of
Functions and Services to Local Councils 14
Appendix 3: List of
Possible Services that may be Delegated to
Local
Councils by Principal Councils 15
Appendix 4: List of
Possible Concurrent Services 16
Signatories to the Local Charter 17
Local Council Charter
Relationships between the Principal Councils and
Local Councils within Warwickshire
All
Local Councils (parish and town councils) in Warwickshire, through the
Warwickshire & West Midlands Association of Local Councils (WALC), and the
Principal Councils, the County Council and the four District and Borough
Councils in Warwickshire, which have parishes, have agreed to publish this
Charter, which sets out how they aim to work together for the benefit of local
people.
The
Charter is designed to build on existing good practice, as set out in previous
Codes of Practice (between the County Council and WALC and individual District
and Borough Councils and WALC) and to embrace the principles of central
government’s
The
Principal Councils acknowledge the important role that Local Councils play as
the grass-roots level of local government. The Principal Councils believe that
Local Councils can contribute to strong democratic government by shaping the
decisions that affect their communities in the following ways:
q
They offer a means of
decentralising the provision of certain services and of revitalising local
communities
q
They can represent the
views of their area and effectively influence the development of the Principal
Councils’ policies and services
q
They can provide valuable
feedback on how Council services are working in their area and how changes in
policy are likely to affect the local community
The
Principal Councils wish to strengthen their relationship with Local
Councils and the local communities they serve in a spirit of partnership and
consultation. In turn, Local Councils recognise the strategic role of the
Principal Councils and that they have to achieve a fair distribution of
services, within Districts and within the County as a whole.
This
Charter reflects the increasing importance attached by central government to
partnership working and the development of Quality status for Local Councils.
q
Part 1 of this Charter
applies to all Local Councils in Warwickshire.
q
Part 2 applies to Quality
councils only.
q
The Charter applies
generally to both County and District Councils and reference is made in the body
of the document (or an accompanying schedule) to any situation which applies
specifically to one tier of authority or to any individual Council.
The
Principal Councils and WALC will formally review the Charter after four years
and there will be annual monitoring of the Charter in operation.
The Principal Councils will work in partnership with all
Local Councils in their area to promote sustainable social, economic and
environmental development, for the benefit of local communities.
2 Information
Technology Strategy
2.1 Principal
Councils and Local Councils will make use of IT wherever possible for the
exchange of information, consultation documents, committee papers etc. It is anticipated that this will be the
preferred means of communication in the future, and one of the objectives of
this Charter is to promote effective and efficient communications between the
tiers of local government via IT.
2.2 All
three tiers of authorities will work towards the introduction of single points
of electronic access within communities for information on public services.
These might be located at Local Council offices, local schools and libraries
and other community facilities. Local Councils will work with Principal
Councils in establishing appropriate arrangements.
3.1 The
Principal Councils will involve Local Councils in the process of preparing and
implementing Community Strategies at both district and county levels. These aim
to promote and improve the economic, social and environmental well-being of the
people who live and work in the county and its districts. The Principal
Councils will consult and involve Local Councils accordingly about the content
and direction of community strategies as they affect the local communities they
represent.
3.2 A
representative(s) of WALC or other representative(s) from Local Councils will
be invited to sit on appropriate theme groups of the County Strategic Partnership,
district based Local Strategic Partnerships, and other associated Partnerships,
to strengthen links between Local Councils and Local Strategic Partnerships, in
order to improve delivery of local priorities.
4 Parish
Plans and Market Town Health Checks
4.1 Where
a council or group of councils has prepared a Parish or Town Plan and or a
Market Town Health Check, and Action Plan, the Principal Councils will take
account of its proposals and priorities in developing and implementing
community strategies as they affect the local areas concerned.
4.3 Where
the Parish or Town Plan proposals imply some changes to the current development
plan or the future local development framework for their area, the Principal
Councils will consider and discuss the proposals with the Local Council(s) as
part of the next review of that plan.
5.1 It
is important that the Principal Councils and Local Councils maintain close relationships. The Councils will
undertake the following arrangements to ensure effective engagement and liaison
between them:
i) Local Council representatives will have the right of audience to address the County Council’s Area Committees and similar joint forums established with the Borough and District Councils on matters of local concern.
ii) The Principal Councils, representatives of WALC and Local Councils will hold liaison meetings as required to guide the overall progress of the relationship.
iii) The Chairs of Local Councils will be invited to sit on the County Council’s Electoral Division Panels, and any similar joint forums established with the Borough and District Councils.
iv) County, Borough and District Councillors will be encouraged to attend meetings of Local Councils in their electoral divisions, whenever possible.
v) Local Councils will send copies of their agendas and papers to the Principal Councils and to the county and district councillors (Principal Councillors), for their area upon request, by electronic means where possible. Officers and Principal Councillors will be given an opportunity to speak at Local Council meetings on matters of mutual interest.
vi) The Principal Councils will notify their relevant members of significant issues raised in correspondence with Local Councils. In turn, Local Councils will keep principal councillors informed about local views on any matter relating to their responsibilities.
vii) The
Borough and District Councils will administer the holding of Local Council
elections. The respective authorities will work together to limit the costs of
holding such elections and will work with WALC to develop good practice in the
filling of casual vacancies by election or if necessary by co-option
viii) Principal
Councils may consider nominating a Local Councils’ liaison officer. In the case of the County Council this may
be one per district.
ix) Principal Councils’ Monitoring Officers will provide
support to Local Councils with regard to the ethical framework for the
governance of Local Councils.
6 Local
Councils as Agents and Partners of the Principal Councils
6.1 The Principal Councils will willingly consider the shared use of
buildings, (e.g. libraries), facilities and other assets, on terms that are
equitable to both parties following careful consideration of the financial and
estate management implications of any proposal. (Please
note with regard to the shared use of schools, the County Council cannot speak
on behalf of individual schools in relation to sharing arrangements - these are
matters that must be taken up with the individual school via the Head Teacher,
Governing Body, and, where applicable, the Diocesan Education Authority).
6.2 Local
Councils will be consulted, amongst other local bodies, to provide the
community representative on primary school and
6.3 The
County Council currently operates the Parish Paths Partnership Scheme, under
which grants and assistance may be provided to Local Councils to open up
routes.
7.1
As far as is practicable, the Principal Councils will aim to give
Local Councils the opportunity to comment before making decisions that affect
their area. This will include consultation with adjoining parishes if relevant
and will take into account that Local Councils meet at varying intervals.
7.2
In furtherance of this, the Principal Councils will develop ways of
consulting with Local Councils, making use of information technology and other
cost-effective means, as appropriate. Local Councils can request a copy of any
public report and are encouraged to comment directly to the Principal Council
concerned.
7.3 In
consulting with them, the Principal Councils will provide Local Councils with
sufficient information to enable them to reach an informed view on the matter
under consideration, and give them adequate time to respond in accordance with
the Principal Council’s standard and with any
statutory requirements, where applicable.
7.4 Only
in exceptional circumstances will normal consultation not take place, in which
case a written explanation will be given on request. A written explanation will
also be given where the Principal Council(s) decide not to agree with the views
of a Local Council.
7.5 It
is expected that the Principal Councils will normally consult Local Councils on
statutory and other major plans and on other proposals which could lead to
changes locally in:
i)
School or early years
education provision
ii)
Youth or community
education provision
iii)
Social Services provision
iv)
Fire cover
v)
Library services
vi)
District Local Plans
vii)
Provision of Leisure and
Cultural Services
viii)
Public Transport
ix)
Traffic
x)
The environment
7.6 When
appropriate, consultation with other bodies that deliver services in a
locality, e.g. Police, may be achieved
through local liaison meetings involving Principal and Local Councils.
7.7 Local
Councils will also be consulted on:
i)
All planning applications
being determined by the Principal Councils
ii)
Arrangements for the
development of the larger quarries and waste tips
iii)
Road maintenance which
impacts on local residents, such as tree felling and the timing of any road
works
iv)
Proposals to divert,
modify or extinguish public rights of way, or to change the status of routes
v)
Proposals for permanent
traffic calming or other significant local safety schemes
vi)
Proposals for highway
improvements
vii)
Changes to local bus services
viii)
Changes relating to waste
disposal sites
ix)
Naming of local streets
x) Licensing
Policy
xi)
Concurrent services
amendments
xii)
Procedures for the
determination of planning applications
7.8
Local Councils will involve the Principal Councils in the preparation
of:
i) Town
or Parish Plans
ii) Village
Design Statements
iii) Market Town Health checks and Action
Plans
iv)
Local circular or guided walk publications
v)
Community Transport Initiatives
7.9 In
addition to the liaison arrangements described under Local Governance above,
the process of consultation (both formal and informal) will be developed
further at Local Council level through regular or ad-hoc meetings with
Principal Councillors, officers or working groups
8 Emergency
Planning
8.1 All Local Councils will undertake to
co-operate with the County Council’s Emergency Planning procedures.
8.2 The Emergency Planning Unit will write to
Local Councils annually seeking updated information for inclusion in the Local
Parish Council Community Emergency Plan and the Parish Emergency database. On receipt of such updated information, the
Unit will produce sufficient copies of the Plan to enable all parish and town
councillors to have a copy. If the
Parish is in an area prone to main- river flooding, the Emergency Plan will
include flood plain maps based on Environment Agency information.
8.3
For those Local Councils requiring them, the
Emergency Planning Unit will provide unfilled sandbags on an annual basis.
8.4 Local councils who provide e-mail contact
details will be provided with emergency information from time to time. This may include information about predicted
problems such as severe weather, updates on the progress of the response to an
emergency or more general advice on emergency planning issues.
8.5 The Emergency Planning Unit is available
to visit Local Councils to talk about emergency planning arrangements within the
county and can undertake more specific areas of training as required.
9 Dissemination
of Urgent information
Local councils will undertake, where practicable, to disseminate to
parishioners urgent information from Principal Councils for example, the last
minute cancellation of refuse collection or emergency planning warnings.
10 Information
10.1 The
Principal Councils will communicate with Local Councils and others by
publishing their various newsletters
(e.g. the Warwickshire View,
10.2
Local Councils will send
Principal Councils a copy of any newsletter published by them on request. Principal Councils may consider promoting
Local Council initiatives in their Newsletters and web sites.
10.3 The
Principal Councils will routinely supply the following information in an
appropriate format, free of charge on request
i)
Their Best Value
Performance Plan
ii)
Their financial report and
statement of accounts
iii)
The list of dates of
meetings of their Council, committees and sub- committees
iv)
Their statutory
development plans
v)
The annual report on
Quality of Life in Warwickshire
vi)
The Strategic Plan for
Warwickshire and Local Community Strategies
vii)
Their internal telephone
directory(s) where available
viii)
Details of their internal
organisational structure
10.4 On
request, the Principal Councils will also provide the following free of charge,
in an appropriate format:
i)
Parents information
booklets, detailing schools in the area
ii)
Information from surveys
and censuses
iii)
Proposals for highway
improvement
iv)
Travel guides and travel
news
v)
Updates on bus and other
transport services
vi)
Electoral roll for the
parish
10.5 The Principal Councils will provide the
following on request at a small charge
i)
Reports of meetings of
their Council, committees and sub committees, except reports containing
excluded or exempt information as defined
in the Local Government (Access to Information ) Act 1985
ii)
Reports and minutes of Council,
Committee and Sub- Committees and much of the other information referred to
above is available free of charge on the Principal Councils’ websites. These
are listed below. They are all hyper-linked for easy access
www.northwarks.gov.uk
www..rugby.gov.uk
www.warwickdc.gov.uk
10.6 The County Council website contains
details of Local Councils. WALC and Local
Councils agree to inform principal authorities of any change of contact
details. Through the Warwickshire
Community section of the website the opportunity is given for Local Councils
and community organisations to post community information and access assistance
to help them design their own websites, free of charge.
10.7 The Principal Councils and Local
Councils will acknowledge letters sent to one another and both will provide
substantive answers to letters that need a reply, in accordance with the provisions of each Principal Councils’
Customer Charter.
11 Complaints
11.1 This
Charter should ensure smooth and effective communications between Local
Councils and the Principal Councils. If however a Local Council is dissatisfied
with a Principal Council’s actions, the response to a request for information,
or a failure to consult properly, the Local Council may make a formal complaint
in line with the complaints procedure of the Principal Council concerned.
11.2 Local
Councils will undertake to have in place a complaints procedure in order to
address complaints from parishioners which concern the administration and
procedures of the Council as a whole.
This is essential as Local Councils, unlike Principal Councils, are not
subject to the jurisdiction of the Local Government Ombudsman. The National Association of Local Councils’
recommended Code of Practice to Handle Local Council Complaints is published
under Appendix 1. However, in the event
of a complaint, about the behaviour of a councillor, which involves an alleged
breach of the Parish Council Code of Conduct, there is recourse to the
Standards Board for
Both the Principal Councils and the Local Councils have adopted
codes of conduct, for councillors, based on the national model code of conduct.
The Local Councils will work with the Principal Councils’ Standards Committees
to promote and maintain high standards of conduct. The Principal Councils have
consulted and agreed the arrangements with the Local Councils for the
appointment of representative(s) to their Standards Committees, details are
available from the Principal Councils concerned.
13 Concurrent Services
13.1 Concurrent Services are those, which might
be undertaken by either Principal Councils or Local Councils or both. Each Principal Council will consult with its
Local Councils where it wishes to change the basis for the delivery of any
concurrent services.
13.2
Principal Councils will seek to agree, insofar as is reasonably
practical, the basis of funding concurrent services to ensure that double
taxation is avoided in accordance with the ODPM Guidance document “The Quality Parish and Town Council
Scheme. Appendix 4 provides a list of
services which might be provided concurrently.
14 Local Community
Life
14.1 Each Principal Council will have their own arrangements
for providing support or making grants to community organisations. These will
be in accordance with their agreed criteria.
Details of the help which is available are set out in the Guide to
Funding Opportunities in Warwickshire.
14.2 Local Councils have
powers under section 137 of the Local Government Act 1972 to make grants to
community and voluntary groups within their parishes. These grants are subject to certain criteria, but have proved
valuable to community life, for example grants to toddler groups for new play
equipment or for Youth groups.
15.1 On
request the Principal Councils will, where practical, and where resources
permit offer Local Councils access to their support services, to enable them to
take advantage of facilities, at a mutually agreed price, such as advice on:
i)
Legal matters
ii)
Committee and procedural
arrangements
iii)
Forestry and
arboricultural services
iv)
Property management, acquisition and disposal
v)
Building cleaning
vi)
Catering services
vii)
Grounds maintenance
viii)
Servicing equipment
ix)
Printing and purchasing
x)
Human resources
xi)
Information technology and
telecommunications, including systems development and PC support
xii) Financial
matters of a technical nature (e.g. capital expenditure controls)
xiii)
Sources of funding for not
for profit organisations