Policy Documents
Langham Parish Council
Code of conduct
Introduction
Pursuant to section 27 of the Localism Act 2011, Langham Parish Council (the Council’) has adopted this Code of Conduct to promote and maintain high standards of behaviour by its members and co-opted members whenever they conduct the business of the Council, including the business of the office to which they were elected or appointed, or when they claim to act or give the impression of acting as a representative of the Council.
This Code of Conduct is based on the principles of selflessness, integrity, objectivity, accountability, openness, honesty, and leadership.
Definitions
For the purposes of this Code, a ‘co-opted member’ is a person who is not a member of the Council but who is either a member of any committee or sub-committee of the Council, or a member of, and represents the Council on any joint committee or joint sub- committee of the Council, and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee.
For the purposes of this Code, a ‘meeting’ is a meeting of the Council, any of its committees, sub-committees, joint committees or joint sub-committees.
For the purposes of this Code, and unless otherwise expressed, a reference to a member of the Council includes a co-opted member of the Council.
Member obligations
When a member of the Council acts, claims to act or gives the impression of acting as a representative of the Council, he/she has the following obligations.
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He/she shall behave in such a way that a reasonable person would regard as respectful.
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He/she shall not act in a way which a reasonable person would regard as bullying or intimidatory.
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He/she shall not seek to improperly confer an advantage or disadvantage on any person.
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He/she shall use the resources of the Council in accordance with its requirements.
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He/she shall not disclose information which is confidential or where disclosure is prohibited by law.
Registration of interests
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Within 28 days of this Code being adopted by the Council, or the member’s election or the co-opted member’s appointment (where that is later), he/she shall register with the Monitoring Officer the interests which fall within the categories set out in Appendices A and B.
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Upon the re-election of a member or the re-appointment of a co-opted member, he/she shall within 28 days re-register with the Monitoring Officer any interests in Appendices A and B.
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A member shall register with the Monitoring Officer any change to interests or new interests in Appendices A and B within 28 days of becoming aware of it.
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A member need only declare the existence but not the details of any interest which the Monitoring Officer agrees is a ‘sensitive interest’. A sensitive interest is one which, if disclosed on a public register, could lead the member or a person connected with the member to be subject to violence or intimidation.
Declaration of interests at meetings
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Where a matter arises at a meeting which relates to an interest in Appendix A the member shall not participate in a discussion or vote on the matter. He/she only has to declare what his/her interest is if it is not already entered in the member’s register of interests or if he/she has not notified the Monitoring Officer of it.
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Where a matter arises at a meeting which relates to an interest in Appendix A which is a sensitive interest, the member shall not participate in a discussion or vote on the matter. If it is a sensitive interest which has not already been disclosed to the Monitoring Officer, the member shall disclose he/she has an interest but not the nature of it.
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Where a matter arises at a meeting which relates to an interest in Appendix B, the member shall not vote on the matter. He/she may speak on the matter only if members of the public are also allowed to speak at the meeting.
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A member only has to declare his/her interest in Appendix B if it is not already entered in his/her register of interests or he/she has not notified the Monitoring Officer of it or if he/she speaks on the matter. If he/she holds an interest in Appendix B which is a sensitive interest not already disclosed to the Monitoring Officer, he/she shall declare the interest but not the nature of the interest.
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Where a matter arises at a meeting which relates to a financial interest of a friend, relative or close associate (other than an interest of a person in Appendix A), the member shall disclose the nature of the interest and not vote on the matter. He/she may speak on the matter only if members of the public are also allowed to speak at the meeting. If it is a ‘sensitive interest’ the member shall declare the interest but not the nature of the interest.
Dispensations
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On a written request made to the Council’s proper officer, the Council may grant a member a dispensation to participate in a discussion and vote on a matter at a meeting even if he/she has an interest in Appendices A and B if the Council believes that the number of members otherwise prohibited from taking part in the meeting would impede the transaction of the business; or it is in the interests of the inhabitants in the Council’s area to allow the member to take part or it is otherwise appropriate to grant a dispensation.
Appendix A
Interests described in the table below.
Subject
Description
Employment, office, trade, profession or vocation
Any employment, office, trade, profession or vocation carried on for profit or gain by the member or by his/her spouse or civil partner or by the person with whom the member is living as if they were spouses/civil partners.
Sponsorship
Any payment or provision of any other financial benefit (other than from the Council) made to the member during the 12 month period ending on the latest date referred to in paragraph 6 above for expenses incurred by him/her in carrying out his/her duties as a member, or towards his/her election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.
Contracts
Any contract made between the member or his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners (or a firm in which such person is a partner, or an incorporated body of which such person is a director* or a body that such person has a beneficial interest in the securities of*) and the Council —
(a) under which goods or services are to be provided or works are to be executed; and
(b) which has not been fully discharged.
Land
Any beneficial interest in land held by the member or by his/her spouse or civil partner or by the person with whom the member is living as if they were spouses/civil partner which is within the area of the Council.
‘Land’ excludes an easement, servitude, interest or right in or over land which does not give the member or his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners (alone or jointly with another) a right to occupy or to receive income.
Licences
Any licence (alone or jointly with others) held by the member or by his/her spouse or civil partner or by the person with whom the member is living as if they were spouses/civil partners to occupy land in the area of the Council for a month or longer.
Corporate tenancies
Any tenancy where (to the member’s knowledge) —
(a) the landlord is the Council; and
(b) the tenant is a body that the member, or his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners is a partner of or a director* of or has a beneficial interest in the securities* of.
Securities
(a) that body (to the member’s knowledge) has a place of business or land in the area of the Council; and
(b) either—
(i) the total nominal value of the securities* exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the member, or his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners has a beneficial interest exceeds one hundredth of the total issued share capital of that class.
*’director’ includes a member of the committee of management of an industrial and provident society.
*’securities’ means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.
Appendix B
An interest which relates to or is likely to affect:
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any body of which the member is in a position of general control or management and to which he/she is appointed or nominated by the Council;
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any body—
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exercising functions of a public nature;
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directed to charitable purposes; or
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one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union)
of which the member of the Council is a member or in a position of general control or management;
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any gifts or hospitality worth more than an estimated value of £50 which the member has received by virtue of his or her office.
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NALC 2012
Langham Parish Council
Equality and Diversity Policy
1. Introduction
1. Langham Parish Council is committed to providing and promoting equal opportunities, eliminating discrimination and encouraging diversity in the Community.
2. Langham Parish Council aims to create a culture that respects and values each other’s differences and which promotes dignity, equality and diversity.
3. An up-to-date copy of this Policy shall be maintained on Langham Parish Council’s website.
2. Purpose
1. Langham Parish Council recognises that supporting equality is of primary importance. This policy will help Councillors and employees of the Council to develop sound and effective policies that impact on the local community, whilst ensuring that the Council meets its duty under the Equality Act 2010.
3. Scope
1. This policy applies to all employees, volunteers, contractors and elected members of Langham Parish Council.
2. It is the responsibility of every employee and Councillor of Langham Parish Council to ensure that they do not discriminate in any way. All employees and Councillors have a duty to uphold equal opportunities principles. Any breech of this policy will be dealt with appropriately.
4. Equality Act 2010
1. The Equality Act 2010 applies to public bodies and others carrying out public functions. It supports good decision-making by ensuring public bodies consider how different people will be affected by the activities, policies and services provided.
2. The Equality Act 2010 places a Public Sector Duty on Langham Parish Council to work to:
A. Eliminate discrimination, harassment, victimisation and any other conduct prohibited under the Act
B. Advance equality of opportunity between persons who share a protected characteristic and persons who don’t share it
C. Foster good relations between persons who share a relevant protected characteristic and persons who don’t share it
3. No individual will be discriminated against. This includes, but is not limited to the following characteristics (known as protected characteristics under the Act)
- Age
- Disability
- Gender
- Marital status and civil partnerships
- Pregnancy and maternity
- Race
- Religion and beliefs
- Sexual orientation
- Ethnic origin
- Nationality
5. Equality Commitments
1. Langham Parish Council supports the principles and practices of the Equality Act 2010 and recognises that it is the duty of all Councillors and employees to accept their personal responsibility for fostering a fully integrated community at work by respecting and adhering to the principles of equality for all.
2. Langham Parish Council will promote equality throughout the organisation through the application of policies, which will ensure that individuals receive treatment that is fair and equitable and consistent with their relevant aptitudes, potential, skills, experiences and abilities.
3. Langham Parish Council is committed to:
- Equality opportunity for all persons
- A good and harmonious environment in which all persons are treated with respect and valued
- Preventing occurrences of unlawful direct discrimination, indirect discrimination, harassment and victimization
- Fulfilling its legal obligations under the Equality Act 2010
6. Policy Review
1. Langham Parish Council will review this Policy as is necessary and appropriate, and at a minimum on an annual basis.
Langham Parish Council
September 2024
LANGHAM PARISH COUNCIL
COMPLAINTS PROCEDURE
The following procedure will be adopted for dealing with complaints about the Council’s administration or its procedures. Complaints about a policy decision made by the Council will be referred back to the Council, or relevant Committee, as appropriate, for consideration.
2. This procedure does not cover complaints about the conduct of a Member of the Parish Council.
3. If a complaint about procedures, administration or the actions of any of the Council’s employees is notified orally to a Councillor, or to the Clerk to the Council, a written record of the complaint will be made, noting the name and contact details of the complainant and the nature of the complaint.
4. The complainant will be asked to put the complaint in writing to the Clerk to the Council at 3 Ruddle Way, Langham, Rutland LE15 7NZ. The complaint will be dealt with within 21 days of receipt. Refusal to put the complaint in writing does not necessarily mean that the complaint cannot be investigated, but it is easier to deal with if it is in writing.
5. If the complainant prefers not to put the complaint to the Clerk to the Council (because the matter relates to the Clerk, for example,) he or she should be advised to write to the Chairman.
6. (a) On receipt of a written complaint, the Clerk to the Council (except where the complainant is about his or her own actions) or Chairman of Council (if the complaint relates to the Clerk) will seek to settle the complaint directly with the complainant. This will not be done without first notifying any person complained about and giving him or her an opportunity to comment. Efforts should be made to resolve the complaint at this stage.
(b) Where the Clerk to the Council or a Councillor receives a written complaint about the Clerk’s actions, he or she shall refer the complaint to the Chairman of Council. The Clerk to the Council will be formally advised of the matter and given an opportunity to comment.
7. The Clerk to the Council (or Chairman) will report any complaint disposed of by direct action with the complainant to the next meeting of the Council.
8. The Clerk to the Council (or Chairman) will report any complaint that has not been resolved to the next meeting of the Council. The Clerk will notify the complainant of the date on which the complaint will be considered and the complainant will be offered an opportunity to explain the complaint to the Council orally.
9. Matters relating to Grievance or Disciplinary proceedings that are taking, or are likely to take place, should be dealt with in accordance with the Council’s grievance and disciplinary procedures.
10. The Council may consider whether the circumstances of any complaint warrant the matter being discussed in the absence of the press and public, but any decision on the complaint will be announced at the Council meeting in public.
11. The Council may consider in the circumstances of any particular complaint whether to make any without liability payment or provide other reasonable benefit to any person who has suffered loss as a result of the Council’s maladministration. Any payment may only be authorised by the Council after obtaining legal advice and advice from the Council’s auditor on the propriety of such a payment.
12. As soon as possible after the decision has been made (and in any event not later than 10 days after the meeting) the complainant will be notified in writing of the decision and any action to be taken.
13. The Council may defer dealing with any complaint if it is of the opinion that issues arise on which further advice is necessary. The advice will be considered and the complaint dealt with at the next meeting after the advice has been received.
Langham Parish Council September 2024
Langham Parish Council
Safeguarding Policy
SECTION 1
Policy Statement
Everyone has a duty to safeguard children, young people and vulnerable adults. This policy promotes good practice in safeguarding for those using Parish Council facilities.
The Parish Council will review it annually.
Definitions
Children and young people:
Anyone under the age of 18 years
Vulnerable Adult:
Anyone over 18 who is:
• Unable to care for themselves
• Unable to protect themselves from significant harm or exploitation
• Or may be in need of community care services
To whom this policy applies
This policy applies to anyone working for or on behalf of the Parish Council whether in a paid, voluntary or commissioned capacity, for example contracted to do a piece of work.
It also applies to any individual hiring, leasing or using the Parish Council facilities for the purpose of delivering any service to children, young people or vulnerable adults.
SECTION 2
Promoting a safe environment
In order to promote a safe environment for children, young people and vulnerable adults, the Parish Council will:
• Provide safe facilities and do regular safety assessments.
• Ensure that employees, Councillors and leaders of activities in the parish or in/on parish facilities, are aware of the safeguarding expectations.• Members of staff and volunteers who have regular unsupervised contact with children, young people or vulnerable adults during the course of their duties MUST undergo appropriate Disclosure and Barring Service (“DBS”) checks BEFORE commencement of such duties.
• Display on Parish Council notice boards in the village & in the Village Hall the relevant safeguarding contacts for advice and help. A copy will also be made available on the Parish Council website.
Expectations of behaviour
All users of Parish Council facilities, organisers of parish events and volunteers should:
• Ensure that communications, behaviour and interaction is appropriate and professional.
• Treat each other with respect and show consideration for other groups using the Parish Council facilities.
• Refrain from any behaviour that involves racism, sexism, homophobia, and bullying and in addition, report any instances of such behaviour to the Chair of the Parish Council, Parish Clerk or parents/carers, as appropriate.
Hiring of facilities to groups for use with children, young people or vulnerable adults
The Parish Council will require the hirer to:
• Have public liability insurance.
• Have a suitable safeguarding policy and/or agree to work to the Parish Council’s policy and relevant guidance.
• Ensure leaders make their members aware of the Parish Council Policy and ensure that it is followed whilst using parish facilities.
• Ensure leaders have valid enhanced DBS checks as appropriate and know where the first aid boxes are and how to summon help from the Emergency Services.
• Do risk assessments for individual activities.
SECTION 3
Safe working practice
All users of Parish Facilities must follow the policy and procedures at all times. For example they should:
• Never leave children, young people or vulnerable adults unattended with adults who have not been subject to a Disclosure and Barring Service (DBS) check.
• Plan activities to involve more than one person being present or at least in sight or hearing of others. Alternatively, record, or inform others of their whereabouts and intended action.
• Where possible, have male and female leaders working with a mixed group.
• Ensure registers are complete and attendees are marked in and signed out (under 8’s must be collected by a parent/carer).
• Ensure that photos or videos of individuals are not taken without written permission from their parents/carers.
• Ensure they have access to a first aid kit and telephone and know fire procedures.
• When working outside, ensure activities, breaks and clothing are suitable for the weather conditions and that shelter is available where possible.
SECTION 4
Allegations against staff and volunteers
The Parish Council should follow the procedures for managing allegations against staff/volunteers on the SBC Safeguarding website. No attempt should be made to investigate or take action before consultation with Rutland County Council Local Authority Designated Officer (LADO). See contact details below.
LADO Office 01572 720913 or email
Whistleblowing
All Parish Councillors, staff and volunteers should be aware of their duty to raise concerns about the attitude or actions of colleagues and appropriate advice will be sought from the LADO or Safeguarding Team as to how to handle such allegations.
The Parish Council must not make a judgement on whether the allegations have merit for further investigation, this decision must be for the LADO team.What should be a cause for concern Staff and volunteers should be concerned by any action or inaction, which significantly harms the physical and/or emotional development of a child. Abuse falls into four main categories and can include child sexual exploitation and female genital mutilation, referred to as FGM. The categories are as follows:
1. Physical Abuse
2. Emotional Abuse
3. Sexual Abuse
4. Neglect
5. Financial Abuse/Manipulation
The Parish Council are committed to ensuring the safety of all users of our services and facilities and take our responsibilities seriously. We regularly work with other agencies and Rutland County Council to ensure compliance with changing laws and guidelines in relation to safeguarding.
The Parish Council confirm this safeguarding policy will be updated as and when such legislative changes occur.
Langham Parish Council
Co-option Policy – June 2019
PUBLIC NOTICE OF VACANCIES
s.87(2) OF THE Local Government Act 1972 ( the 1972 Act) requires a local council to give public notice of casual vacancies, to ensure transparency and attract more candidates.
The public notice given by the council invites application for candidates who satisfy (1) the eligibility for being a councillor and (ii) the competencies listed in the person specification.
An example of a public notice is shown at Annex A
PROCEDURE FOR CO-OPTION AS A MEMBER OF LANGHAM PARISH COUNCIL
Casual Vacancy:
A casual vacancy occurs following the resignation or death of a serving member. Rutland County Council is notified of the vacancy and the Corporate Services Department post a formal Notice of Vacancy. The notice will be displayed for fourteen days during which ten members of the parish can demand an election takes place. If called the by-election is then organised by Rutland County Council. If an election is not called then the Parish Council will fill the seat by co-option.
Vacancies after an election:
If there are not enough candidates to fill the remaining vacancies the Representation of the People Act 1985, section 21 allows the elected members, provided there is a quorum (i.e. one third of the whole numbers of members with a minimum of three) to co-opt members to fill the remaining vacancies.
Insufficient Candidates:
If, following an ordinary election there are insufficient persons nominated to fill all the available seats, the Parish has 60 days from the date of the election to co-opt persons to fill those vacancies without the necessity of advertising for a potential by-election. If, following the election, there are insufficient councillors elected to form a quorum, the parish must advise the Rutland County Council who can either appoint persons to be parish councillors or order another election.(see section 39(4) Representation of the People Act 1983 and section 21(2) RPA 1985)
Vacancies without an election:
If an election is not requested the parish clerk will be notified that the parish council must co-opt a member to fill the vacancy as soon as practicable. If the number of casual vacancies leaves the parish council without a quorum, the county council will order an election to be held and in the meantime may by order appoint people to fill all or any of the vacancies until other Councillors are elected and take up office.
Co-option Process:
Any casual vacancy by co-option will be advertised on notice boards within the parish and via the parish website and social media for a minimum of four weeks. This will include a deadline for receipt of applications (see Public Notice of Vacancies Annex A.)
The Parish Council can advertise/promote/approach individuals as they see fit, but any candidate who qualifies must be considered for co-option, i.e. be put to the vote, in the context of any agreed deadline.
Eligibility:
- The Parish Council is able to consider any person to fill a vacancy provided that:
- He/she is an elector for the parish; or
- has resided in the parish for the past twelve months or rented/tenanted land in the parish; or
- had his/her principal place of work in the parish; or
- has lived within three miles (straight line) of the parish.
- There are certain disqualifications for election, of which the main are (see 5. 80 of the Local Government Act 1972):
- holding a paid office of the Parish Council.
- bankruptcy;
- having been sentenced to a term of imprisonment (whether suspended or not) of not less than three months, without the option of a fine during the five years preceding the election; and
- being disqualified under any enactment relating to corrupt or illegal practices.
Applications:
Candidates will be required to:
- Submit an email or letter to the Parish Clerk explaining why they are interested in joining the Parish Council and what skills and experience they would bring.
- Meet with the Parish Clerk and Chairman of the Parish Council to discuss any questions they have about the procedure for co-option, eligibility to serve or the role and responsibilities of a Parish Councillor.
Co-option Process:
- The Parish Council will consider the candidates for co-option to fill any vacancy at a Parish Council meeting.
- Shortly before the start of this meeting the Parish Clerk will report the names of the candidates to the Council at the meeting and distribute copies of any applications made by the candidates.
- If they wish, each candidate may make a short statement to the Council.
- The process will be carried out in the public session and there will be no private discussions between members prior to a vote being taken. However, where the Council is discussing the merits of candidates and inevitably their personal attributes, this could be prejudicial and the Council should resolve to exclude the members of the press and public.
- Declarations of interest must be made by Parish Councillors as each candidate is considered, (eg: family ties, friendships, business relationships etc). This does not prevent Councillors from voting.
Voting:
- This must take place in a public meeting.
- Only Councillors present at the meeting may vote; Each councillor must vote. No councillor may abstain.
- If a member is not at the meeting the legislation does not provide for a proxy or postal vote.
- Even if there are fewer candidates than vacancies, each candidate must receive an absolute majority vote of those members present at the meeting; no majority, no co-option. There is no “co-opted uncontested” provision within the law.
- If there are more candidates than vacancies, the candidate with the least number of votes should be taken off the list of candidates, and if there are still more candidates than vacancies, the vote is taken again. This procedure should be repeated until the number of candidates equals the number of vacancies and each candidate has a majority vote.
- The Chairman may only use his casting vote if two successive voting rounds are stalemated.
Declaration of Acceptance of Office:
Those co-opted must sign a declaration of acceptance of office before they join any meeting of the council as a member (If the successful candidate is present at the meeting where the co-option is agreed they will sign the Declaration of Acceptance of Office and be able to participate in the meeting.)
Term of Office:
A person elected or co-opted to fill a casual vacancy holds office until the person in whose place they are elected or appointed would regularly have retired.
Notification of Co-option:
The Clerk will notify Corporate Services at Rutland County District Council of the new member appointment and request the new member completes a Registration of Interests form within 28 days of being co-opted.
Annex A: Example Public Notice of Co-option
LANGHAM PARISH COUNCIL WILL BE CO-OPTING FOR A CASUAL VACANCY AT THE NEXT MEETING OF THE PARISH COUNCIL ON MONDAY 20th MAY 2019
A person co-opted to fill a casual vacancy on the Parish Council must fulfil the same criteria as a person being formally nominated for a candidate at an election. The person must either be on the current Register of Electors for Langham and/or during the previous 12 months prior to appointment by co-option, either have occupied as owner or tenant any land or premises in the parish, or had their principal or only place of work in the parish, or have resided either in the parish or within 3 miles of the parish boundary.
The person should also not be disqualified for election under Section 80 of the Local Government Act 1972. Broadly, this relates to holding a paid office under the Town Council, bankruptcy, having been sentenced to a term of imprisonment of not less than 3 months without the option of a fine during the 5 years preceding the co-option, or being disqualified under any enactment relating to corrupt or illegal practices.
Any interested persons are asked to contact the Clerk to Langham Parish Council in the first instance:
