Failure to submit an AGAR

Question

My PC's RFO has failed to submit an AGAR for Y/E 31 March 2020 despite the external auditor's numerous requests to the PC. Other than detriment to the rights of local taxpayers and the PC's inability to self certify for the Y/E 31 March 2021, are there any other ramifications for the PC?

Any advice would be most welcome.

Thank you

Sam

Answer 1

Sadly Town & Parish Councils can often get away with failing to comply with legislative requirements and acting unlawfully like this.  The only issue could be if somebody submits a freedom of Information request for the exact information on the AGAR.  If the Council still refuse to provide it, a complaint could be lodged to the ICO.  Ultimately, if the ICO cannot persuade the Council to supply it, they could issue a Section 54 notice on the Council which if not complied with could result in a court summons.

Comments

Many thanks Graeme_r. Unfortunately, this is just a small perceptible part of a much larger problem that remains hidden within a PC that is ultimately dysfunctional and dishonest.

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What is a Section 54?

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It is a notification to the High Court that a Public Body has failed to comply with the ruling of the Information Comissioner's Office in a dispute and engage in Legal Proceedings.  This is covered in Section 54 of the Freedom of Information Act 2000  https://www.legislation.gov.uk/ukpga/2000/36/section/54