Can a PC reverse a decision of a previous council?

Question

The present PC members started their term of office May 2022. At the April 2023 meeting they held a closed meeting in which they took the decision to ask for 50% of a grant paid to a voluntary group in the village to be returned. The grant was awarded prior to them taking up office in May 2022.

Answer 1

It depends on the reason as to why they wanted the money back - perhaps the group had to spend the grant before the end of the financial year? More info is needed as to whether the procedure was correct or not.

Comments

The grant was applied for last year and a decision was taken by the previous PC. Long standing well respected members stood down prior to the May 2022 election and another subsequently resigned after five mo this into the new council. The grant complied with all conditions of the grant at the time however, the new PC changed the grant policy and are now reviewing past grants given by the last PC using the new policy rules.

The PCs reasons for asking for money to be returned is that the present PC feel that the past PC were mis informed.

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The decision taken prior the elections last was, as you have said, compliant with your then grant policy which has subsequently changed so no court would uphold a retrospective change to the resolutions validly passed at the time unless there was something in the terms and conditions of the offer which implied reimbursement in certain circumstances.  For my own council any grant is offered with a clause which states that the parish council has the right to require a repayment if the project which is funded is delivered at substantially less than originally anticipated.  We've never invoked that clause but reserve the right to do so and this is clearly stated within the offer letter.  You need to look at the grant terms which applied when the original decision was made.

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I am very confident that the grant adhered to the terms and conditions of the last grants policy, I am also confident that it adheres to the current policy even though there was no requirement for it to do so. I am very concerned about advice being given to the PC as decisions like this are impacting on the hard working community groups who give their time free.y.