Deputy Mayor told me to go police when I stated something was against the law.

Question

What is the correct procedure if we aren't following the Transparency Code or the Acts? I already advised him publically that this is not procedure. Please advise me what is. I already wrote all Councillors. I was ignored by all but one who verbally abused me (which he copied to everyone and I then told he and everyone to not interact with me anymore as I don't converse with abusive men). The Mayor played dumb. At this Mayor Making, I want to advise everyone what correct procedure is if we believe things are being done unlawfully.
I would also like advice on a speech I plan to make on what happens if a Town Council continue to act unlawfully and how its undemocratic. It appears the only way to ensure Councillors follow laws is to be publically shamed. I am not a fan of this and would prefer something positive. However, I have even not been allowed to continue when quoting laws (which the Mayor couldn't remember when I asked).
Basically, how can we continue to have leaders who don't know the law and when we try to remind them to follow it, are silenced, and then when I ask questions at "Questions from Councillors" I am advised to go to the police or the mayor "Didn't think any of the questions were for her"

Answer 1

Unfortunately there isn’t a body who monitors Councils or who you can report them to if you believe they are not following the law.  You just have to hope that your Clerk is recommending the correct procedure, but the Council doesn’t have to follow what they say as it is only recommendations and the Council makes the ultimate decision.

Answer 2

Adherence to "proper practices" is a requirement of the internal audit process so I'd suggest you start with your internal auditor and his/her report.  If there is no reference to complying with relevant procedures, I'd suggest you exercise your right to raise this with your external auditor at the relevant time (i.e. during the period for the exercise of electors rights which will be sometime around end June to July time - dates must be notified on noticeboards and your website and must include the first ten working days of July.

As well as the Good Councillors Guide (published by NALC) your external auditors website may well have access to the Joint Panel on Accountability and Governance Practitioners Guide which sets out the requirements for completing the Annual Governance and Accountability Return (AGAR) which includes a section on governance and compliance with proper practices.  You should, as a council, be considering all of the statements on this form on an annual basis before the form is approved by your council.  You can also raise non compliance in the meeting that considers this.

Answer 3

If your council is not following the transparency code, you would contact the information commissioner for advice about possible non compliance and whether or not to report your council to them. . Normally that would be failing to comply with the publication scheme, or worse not even publishing one. The ICO can do something about it I certain circumstances.

Comments

Just a small point to remember is that whilst there's a Transparency Code for councils with a turnover of less than £25,000 and those with a turnover of over £200K, there's actually nothing in between.  There are rather a lot of mid-range councils that rely on this to avoid publishing information on finances, etc.