Obtaining a dispensation

Question

Following a code of conduct complaint on the grounds that a councillor had an ‘other registrable interest’ and should not have been taking part in meetings, discussions, voting etc on a matter in which he was conflicted, which the MO upheld, what’s to stop that councillor obtaining a dispensation from the proper officer? Our standing orders state that the proper officer or a meeting of the council can grant one, and Arnold Baker and Local Councils Explained are vague and appear to suggest that any other reason thought appropriate could be used to justify the granting of one.

Answer 1

A dispensation should not be granted if the MO upheld the complaint. A dispensation request should only be granted after consideration of all relevant circumstances.

Comments

Thank you, DavetheClerk, I am asking Delboy’swife for a reference to any guidance on this, if you can help I’d also be grateful.

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There's a chapter on Code of Conduct and Dispensations in the model standing orders.

Answer 2

Unfortunately these "dispensation forms" seem to have become increasingly common locally nearby. Granted in many councils case by assent of full council and going through as formality with rapid show of hands.  Its problem and consequence of the Localism Act not recognising it would be abused like it has and continues to be. I thankfully managed to persuaded members that it should remain absolute last resort (after careful careful consideration) and only had 1 in 4 years.

Answer 3

There are two models of guidance on the granting of a dispensation.  One has the grant by full council and the other delegates authority to grant a dispensation to the Clerk but in either case you should have a policy to guide decisions.  The formal recommendation by NALC and the Local Government Association is that a dispensation should only be granted where it is impossible for the council to make a decision without one.  So if out of, say, five total councillors, three have "interests" in the subject matter, only two would remain which is below the quorum so the granting of a dispensation would permit a decision.  In reality, it is very rare that the council can't operate because one member has an interest and can't vote so dispensations should not be granted without good reason.

Comments

I see them from time to time in small parishes where the members of the parish council are also trustees of the village hall charity.  Pre-Covid, village halls were becoming more reliant on grant aid from their parish councils, leading to a conflict of interest in the decision-making process, albeit a non-pecuniary one.

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Agreed, I've seen similar although if the appointment to the village hall committee/trust is via a formal appointment from the parish council (as a corporate body) then a dispensation isn't required.

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Thank you for your reply Delboy’swife. Can you point me to where I can read/ arm myself with a reference prior to the possibility of this coming up, please?

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LTN 80 Members’ conduct and the registration and disclosure of their interests (England)

And if you read it, you will come to see that DBsW comment above is an incomplete, selective, partial quote which presents a quite inaccurate interpretation of the quoted guidance.
It is wholly INCORRECT to state, as above:

“…The formal recommendation by NALC and the Local Government Association is that a dispensation should only be granted where it is impossible for the council to make a decision without one…”

The reference ALSO states that a dispensation may be granted “in the interests of persons living in the area” or “if it is otherwise appropriate.”

Both of those parts - wholly excluded from DBsW comment, make for a fairly broad range of circumstances where a dispensation MAY be granted.
The NALC source document is noted above. I’d advise caution in adopting as gospel the advice of an anonymous punter in an online forum which purports to provide authoritative advice without reference to source documents and I’d also advise caution in blindly adopting NALC guidance since that too is only their interpretation of the statutory position. This point is even borne out within LTN 80 para 34 where NALC acknowledge that some MOs hold different opinions to their own on the finer legalities associated with this subject.
Read the source statutes and make your own decisions. If they are justifiable and defensible then there should be no problem standing by them.