Agenda item

Up to 15 minutes are allowed for public participation. Participants are restricted to 3 minutes each.

Minutes:

A question and statement had been received from a member of the public:

 

The question is: How can WLDC provide focus and guidance to help engage fellow villagers of Normanby and Owmby to ask for a governance review (in the form of a public petition) when there is so little information currently available for us to act upon?

 

A governance review that would request for a boundary to be redrawn would enable the merger of the two current parish councils, becoming one council. We believe this would enable effective, respected administration and efficient governance of our community, reflecting the current public spirit and friendship of our villages.  We would welcome guidance from the district council to include a factual time frame, with the practical steps the review would follow, with clear guidelines and transparency that can be well understood and interpreted by us all as residents. We also seek assurance that the new reformed boundary will be for administration only and that the villages of Normanby-by-Spital and Owmby-by-Spital are both assured of retaining their individual character and village identity. This request for a review is purely to cohesively administer the governance and day to day running and become one effective ‘parish’ council.

 

We believe that WLDC are aware that there is an appetite for change in our villages and that this would also futureproof the governance of our community for years to come. Normanby PC as it currently stands, indicates most councillors wish to continue with the same ideology and values as it has administered for decades.  What can WLDC do to support not only myself (as a parishioner) but also many other residents who believe the current council do not reflect or act in the best interests of the people they are there to represent?

 

We seek the guidance of the Governance and Audit committee and are aware the next local government elections will be held in 2023. It would be most desirable to engage with the committee to achieve a governance review for Normanby and Owmby within this timeframe.

 

On a separate matter:  May I ask if the committee are aware of several code of conduct complaints raised between current Normanby councillors, and if this is seen as appropriate behaviour?  Whilst there should be procedural recourse for complaints, this appears to illustrate a total inability to function effectively and work cohesively together for the community.  It is further evidence of a poorly-run council and the complaints system in place appears to have been utilised inappropriately to a point where it is in danger of losing impact.

 

We look forward to your guidance and reply.

 

The response from the Governance and Audit Chairman was as follows:

 

Thank you for your question, the first we have received at the Governance & Audit Committee in over six years.  You will receive a written copy of this response following the meeting.

 

I will begin with the second matter you raise concerning the number of recent Standards complaints regarding Normanby-by-Spital Parish Council.  I can confirm that I am aware that complaints have been received and that these have been considered by officers and the Independent Person in line with the Council’s policy and procedures.  Standards complaints are not reported to this committee, but the overall details are reported to Annual Council in the Monitoring Officers Report.

 

Moving to the primary matter of your question, local Government in the UK is divided into four tiers, Unitary Authorities, Upper Tier (Counties), Lower Tier (District/Boroughs) and Fourth Tier (Parish/Town Councils).

 

Parishes are the smallest areas of civil administration in England.  Parish and Town Councils are the closest level of government to the community they represent. The powers of parishes vary depending on how large and how active they are. Some meet infrequently and are responsible for very few matters.  Other, often larger, parishes undertake many duties such as managing cemeteries, allotments, commons, village halls, war memorials and markets while also undertaking functions to do with street lighting and verge cutting.

 

Across West Lindsey there are 128 Parishes, of which 78 are served by Parish or Town Councils who can be contacted through a Parish or Town Clerk.  Many of the remaining parishes have formed parish meetings.

 

Community Governance Reviews vary considerably, depending on the nature of the changes being considered and on local circumstances.  Guidance on these Reviews was published by the Department for Communities & Local Government and the Local Government Boundary Commission for England in 2010, a copy of which will be provided to you (http://www.communities.gov.uk/publications/localgovernment/guidancecommunitygovernance2010).

 

The guidance, aimed largely at principal authorities, offers advice about undertaking a review and implementing its recommendations. The advice includes that it would be good practice for a principal authority to consider conducting a review every 10 to 15 years.

 

The Act requires principal authorities to take account of certain criteria when conducting a review, namely:

  • The identities and interests of the community in an area; and
  • The effective and convenient governance of the area.

 

They are also advised to consider factors such as:

  • What impact proposed community governance arrangements might have on community cohesion; and
  • Whether the size (meaning area), population and boundaries proposed for local governance make sense on the ground and contribute to the above criteria.

 

Overall, local council arrangements should lead to improved local democracy, greater community engagement and better local service delivery.  The process required to be adhered to can typically take up to 12 months to complete.

To trigger a review and therefore begin the process either a principal authority needs to decide to undertake one or a valid community petition needs to be received by the principal authority.  To be valid a petition must demonstrate sufficient support among the electorate for certain changes.  This equates to 50% signing the petition in an area with fewer than 500 electors, or 250 signing in an area with between 500 and 2,500 electors, or 10% signing in an area with more than 2,500 electors.  You will note that the threshold for a petition to trigger a review is quite high for small communities like Normanby-by-Spital and Owmby-by-Spital.

 

If a principal authority decides to undertake a review, it can decide whether it is for all or only part of its area.  Having made the decision to undertake a review a Terms of Reference stating the matters and geographic area to be covered are drawn up and published and other local authorities are notified.

 

To undertake the review the principal authority must consult electors in the affected area and other bodies with an interest, including other local councils.  It must then consider the representations received.

 

Bearing in mind representations received, the criteria and other factors, including alternative forms of governance in the area (for example residents associations and neighbourhood forums) the principal authority formally recommends an outcome from the review.  It must publish its recommendations and the reasons for them, informing those with an interest.

 

To implement the recommendations of the review the principal authority makes a Reorganisation Order to put into effect any changes and this must include a detailed map of the boundaries; it publishes the Order and map for public inspection, and it must inform specified bodies (for example the Ordnance Survey). It should include in the Order any agreed incidental issues (for example the transfer of assets).

 

An Order is often written to come into force the following April, typically a new local council is then elected in May.

 

In the event of the electors of Normanby-by-Spital and Owmby-by-Spital jointly obtaining sufficient support to trigger a review, The Council would fully consider such a request.  If a petition were to be received this year and The Council decided to undertake the review, we would expect a reorganisation order to most likely be made in 2022, and coming into effect in 2023, so that any new or revised parish electoral arrangements come into force in time for the ordinary parish elections.

 

I can also confirm that work is already underway by The Council to consider the need to hold a Community Governance Review as part of its work on 4th Tier Governance, in particular we are preparing to consult on what matters and areas may need reviewing; this has been delayed because of the Covid-19 pandemic.  However, please be assured that, if you are unable to gain sufficient support in a petition, this matter will be considered as part of our 4th Tier Governance Review.

 

I hope that the response I have provided is helpful.  You may wish to stay for the rest of this meeting, but if not, thank you for your question.