Holding local government to account - access to meetings and information

Question 1

Where should your first port of call be?

Answer 1

Your first port of call for information on a local authority should be its website, which has a wealth of useful information.

You should become familiar with the website and know where to find information on it.

Question 2

What must each local authority publish?

Answer 2

Under the Local Government Act 2000 for example, each local authority must publish a Council Constitution that is available for inspection by the public. You should find this on the council’s website. Among other things this must include:

Councillor allowances

Rights of the public to access committees, sub committees and cabinet/executive meetings

Description of the arrangements for the overview and scrutiny committees

Membership of committees and sub committees and names and addresses of every executive member.

Register of members interests - councillors must declare any outside pecuniary interests

Council’s standing orders - system of rules governing the day to day conduct of council business

Council’s code of conduct - list of dos and don’ts for councillors

Question 3

What is the Council Constitution system overseen by?

Answer 3

This system is overseen by a Monitoring Officer and often a Standards Committee.

As a last resort people can lodge a complaint with the Commission for Local Administration in England (more commonly known as the Local Government Ombudsman), who investigate allegations of maladministration.

LGO publishes reports and annual reviews on its website.

Question 4

Access to Meetings – Old Style committee and full council system

Answer 4

Under the Local Government (Access to Information) Act 1985 the public (and journalists) have a right to attend all meetings of full council, committees and sub committees operating under the ‘old style’ committee and full council system.

The exceptions were when meetings were to discuss exempt or confidential information:

Exempt - personal or commercially sensitive information, for example commercial contracts

Confidential - information supplied by government departments, or matters disclosure of which is prohibited by the courts, for example issues of national security or anti-terror laws

Agendas were divided into two - part one dealt with business open to the public and press.

Part two (below the line) dealt with confidential and exempt items

A vote had to be taken among councillors to exclude the press and public before part 2 of the meeting began.

Question 5

Access to Meetings -New style leader and cabinet/executive system

Answer 5

Access to Meetings -New style leader and cabinet/executive system

Under the new style leader and cabinet/executive system, introduced by the Local Government Act 2000, decisions are often taken by individual cabinet members or officers using delegated powers and are never discussed in meetings open to the public and press.

This led to accusations that the new system was less democratic, accountable and transparent than the old system.

Question 6

2011 Localism Act

Answer 6

The 2011 Localism Act gave the public and journalists the right to attend all:

Cabinet Meetings
Full Council Meetings
Committee Meetings
Sub Committee Meetings
Scrutiny and Overview Meetings

Press/public can still be excluded when items that are ‘confidential’ or ‘exempt’ are discussed under the 1985 Act.

Cabinets can meet in private if the presence of the public is ‘likely to result in the council breaching a legal obligation to third parties about keeping confidential information’ or to ‘exclude the public to maintain orderly conduct or prevent misbehaviour at the meeting’.

Question 7

The Local Audit and Accountability Act 2014

Answer 7

The Local Audit and Accountability Act 2014

This allows members of the press and public to:
Blog
Tweet
Film
Audio record council meetings that are open to the public.

Councils can ask that the filming does not interfere with the good conduct of the meeting and attendees should be told as a matter of courtesy that filming is happening. Reporters are advised to liaise with council officers before filming the meeting.

Tweeting - bloggers, Tweeters, Facebook users and YouTube users should be able to report meetings. The council can be asked what facilities it is providing to citizen journalists.

Question 8

Advance Notice

Answer 8

Advance Notice

Councils must give the public five-days’ notice of any public meeting taking place.

Agendas and background papers must be provided. No item can be discussed if it is not on the agenda five days before the meeting.

Press and public can be excluded from the meeting if exempt or confidential items are to be discussed (definitions remain the same)

Question 9

Inspecting Council Accounts

Answer 9

Inspecting Council Accounts

You can inspect a council’s detailed financial accounts, ledgers and records. The Accounts and Audit Regulations 2011 cover checking not just the accounts, but also “all books, deeds, contracts, bills, vouchers and receipts related to them“ for 20 working days.

Question 10

Spending over £500

Answer 10

Spending over £500

You can see your council’s spending transactions valued over £500, senior salaries, organizational charts, contracts and the location of public land and assets. This should be published on the council website.

Question 11

Qualified Privilege

Answer 11

Qualified Privilege

Remember reports of meetings of councils, their committees and sub-committees held in public, along with all agendas, minutes and reports are covered by qualified privilege.

This means you are protected from a libel action provided the report is fair, accurate, published without malice and in the public interest.