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Town and parish councils are on the rise, but now is the time to review standards procedures, say Kirsty Cole and Nick Randle. The Local Government Act 1894 saw the creation of the civil parish as a basic building block of local government. At that time, they were based in volunteering and the cult of the amateur with many specific powers but few duties. Their statutory basis remained virtually unchanged for some 100 years, but now they are enjoying a significant renaissance. At the NALC conference on 21 May 2008, local communities secretary, Hazel Blears, heralded a new era of ‘parish power', and talked of celebrating ‘the power of the parishes'. Similarly, Tory leader, David Cameron, has referred to parishes as entities which should be ‘celebrated and nurtured'. Town and parish councils' role as fundamental building blocks in local governance has clearly been reaffirmed and their potential significantly enhanced, with the power of wellbeing now extended to quality parishes. Recent legislation has enabled the creation of new parishes, including urban parishes, as they are perceived as an ideal and ready-made model of community governance. The Government has also just announced funding to support the creation of ‘urban parishes' through a partnership between NALC, SLCC and the LGA. At least one London borough is considering creating neighbourhood councils in its area. But, with power comes responsibility, and it is essential that, if town and parish councils are to embrace the new challenges and opportunities offered to them, they must ensure they have, in place, clear and robust governance arrangements and a firmly routed culture of high ethical behaviour. As it is now more than six months since the introduction of the Local Assessment of Standards Complaints, this is an opportune time to review the level and nature of complaints regarding member conduct in parishes, and to highlight good practice measures which could be introduced to maintain the trust and confidence essential to effective and vibrant local democracy. Recent statistics demonstrate that around half of all standards complaints relate to town and parish councils. However, this has to be viewed in the context that there are more than 8,500 town and parish councils. And, as with other tiers of local government, a significant majority of these complaints come from members of the public. It is evident that there is still some lack of understanding, both of governance issues and the detailed provisions on declaration of interests, which can be quite complex, particularly in small and tightly-knit communities. Myths and prejudices still prevail. Either the code doesn't really matter or alternatively, it is something which is being imposed by principal authorities to control the parish sector. There is still some mistrust among parish councillors that they will be dealt with fairly and objectively at a local level. The parish clerk often finds him or herself in an isolated position, and the problem of bullying within parishes remains a significant issue. Parishes often lack capacity to deal with a range of complex matters, including Freedom of Information and data protection issues. Basic governance documents such as grievance and disciplinary procedures, financial regulations, schemes of delegation and even standing orders may not be in place. Add to this the dangers of issues becoming factionalised and personalised and for ‘tit for tat' complaints, and there is clear potential for a council to become dysfunctional and for its reputation to be seriously harmed. So, what measures can be introduced to prevent this happening? All parishes should be actively encouraged to take ownership responsibility for the ethical agenda, leading by example, and being sensitive and responsive to issues and concerns raised by their local communities. They should ensure that appropriate, effective and robust arrangements are in place, including getting the basics right, with up-to-date standing orders and financial regulations. Complainants have resorted to code of conduct complaints where they do not have an alternative and more appropriate remedy, for example, where clear grievance or disciplinary procedures are not in place. The parish council's relationship with its clerk is fundamental to its effective operation. The SLCC's Dignity at work policy recognises the vulnerability of the isolated clerk, and lays down the parameters of acceptable behaviour. Schemes of delegation and protocols as defining member and officer roles may also be helpful, as will making a small group of councillors responsible for the clerk's pay and rations. A clear and accessible complaints procedure will give the aggrieved citizen an opportunity for redress and demonstrate openness, transparency and accountability, as well as avoiding the tendency for a code of conduct complaint to be used as a last-resort remedy by the complainant dissatisfied by the procedures adopted by the parish council, or the decision made by it, something which I have personally seen occur with relative frequency. Members should be actively discouraged from using the conduct regime improperly to pursue personal animosities and to settle political scores. Training of both the clerk and parish councillors brings real and tangible benefits, and parishes should look proactively at seeking quality status with the new powers and opportunities this affords. Increasingly, the certificate in local council administration (CiLCA) is the required basic qualification for clerks, with a comprehensive CPD programme also available via the SLCC. Councillor training can be obtained through contact with county training partnerships which exist in every county. Capacity can be enhanced by informal or formal clustering of parishes, sharing an experienced parish clerk, and by networking and the exchange of ideas and good practice. Those councils which have acquired accreditation under the quality parish scheme can also be confident that they meet the accepted standard for governance and community engagement. Contact should be made with the local monitoring officer and channels of communication established so that advice can be sought, particularly on complex local issues relating to declarations of interest and the like, and, at the same time, the monitoring officer and his/her team can be alerted to sensitive local issues or concerns at an early stage, and to divert attention and resources to the matter before it results in a formal complaint. Where necessary, early intervention may be appropriate by way of mediation or conciliation or even, in appropriate circumstances, simply by brokering an early apology to avoid positions becoming entrenched and problems exacerbated. If a formal complaint is made and an investigation undertaken, careful thought needs to be given as to how the town or parish will deal with media inquiries, particularly in cases which have generated a high degree of local interest. While there may, inevitably, be a detrimental impact on the council's reputation as a consequence of the complaint, the process should always be viewed as a positive process in order to improve standards and behaviours. It is an ideal opportunity to identify training needs, to address behaviours which have fallen below expected standards, and to highlight best practice. In conclusion, it is a time of significant opportunity for town and parish councils in reinvigorating local democracy, and making a real and tangible difference to the local communities they serve. But with that opportunity comes the challenge of maintaining the trust and confidence of citizens through robust governance arrangements, and through maintaining high ethical standards. If town and parish councils rise to that challenge then, notwithstanding the ongoing debate as to the shape and structure of local government, the future of town and parish councils as the fundamental building blocks of local governance seems assured. Kirsty Cole is strategic director corporate services at Newark & Sherwood DC, and Nick Randle is chief executive of the Society of Local Council Clerks

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ECONOMIC GROWTH

Response to settle parish rows

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