What degree of personal liability is attached to individual Cllrs...?

Question

Reaching back to the statement made in the linked answer to a separate question - it has been playing on my mind that there may be a degree of personal liability for the corporate actions of a PC - especially where an individual may disagree with the majority decision.  

So I looked it up and found that there is actually NO personal liability for bona fide acts in good faith.  

So there REALLY IS no deterrent nor penalty for complete idiots to take over the day to day business of a PC

Section 265 of the Public Health Act 1875 https://www.legislation.gov.uk/ukpga/Vict/38-39/55/section/265 (still on the Statute!) states that:  

No matter or thing done, and no contract entered into by any local authority or joint board or port sanitary authority, and no matter or thing done by any member of any such authority or by any officer of such authority or other person whomsoever acting under the direction of such authority, shall, if the matter or thing were done or the contract were entered into bona fide for the purpose of executing this Act, subject them or any of them personally to any action liability claim or demand whatsoever; and any expense incurred by any such authority member officer or other person acting as last aforesaid shall be borne and repaid out of the fund or rate applicable by such authority to the general purposes of this Act. 

Answer 1

https://www.legislation.gov.uk/ukdsi/2004/0110495314

Is a bit more up to date and sets out the parameters in which indemnities may be be provided.  Basically, if a member / officer is carrying on the approved business of the council and at the request of the council - they can be bullet proof monk.

You cannot however indemnify for criminal acts or intentional wrong doing, fraud, recklessness or defamation.

Interesting that the last one - defamation - cannot be indemnified!

Comments

i would add slander to the list ie verbal

Answer 2

I have to say I am torn and can see both sides. I do see the argument that if you act in good faith (reasonable person test) you shouldnt be personally liable for coporate mistakes. That been said the counter-argument is the lack of consequences does not deter dangerous idiots standing for public office. Perhaps needs to be something in between... Damming Public Interest Reports (PIR) with real teeth naming and sactioning individuals (ultimate sanction disqualification disbarment from been a trusteee/director/public official)   

Comments

That’ll never take off!

If it did the Palace of Westminster would be empty ):0)

Agree apart from that though - in an ideal world! We’re way short of that at present though.