Unlawful decisions

Question

Hello all

I have a question regarding allotments, but I suppose it could relate to any situation. At what point does an issue/problem need to go to a committee or full council? Our standing orders authorises the clerk to spend up to £500, committees £1000 and anything over goes to full council. What authority does the clerk have to approve daily operational tasks and when should it go to councillors? The example in question is in relation to our allotments. Currently, there are no rules about who and why a fence would be fixed. Up until this point any request would go to the committee to discuss. A while back when we had those severe storms, one of the charities that has an allotment called to say their gate post had snapped and asked whether their children could fix it (the charity is to support young people). As it was a post that was broken I asked our grounds maintenance team if it would be possible for children to repair and he said no, it would make more sense for him to replace the gate post. This cost £3 and 20 minutes labour, as it was an emergency repair the grounds team fixed the post. It has now became a huge issue where I’ve been accused of acting unlawfully as I didn’t have the authorisation to make this decision. So at what point does common sense prevail? Should a committee meeting really have been called to authorise such a small emergency repair? Now I would understand if I’d authorised a whole fence. So what can a clerk authorise and what has to go to a committee/FC? Surely the clerk should be able to use their professional judgment here?
As a result of this I’ve asked the committee to consider updating their allotment rules.

Answer 1

If you are using the standard financial regulations, there should be an amount (£1000 in my case) that a clerk can spend on something considered 'business critical' and this has been created to allow for emergency spending where there is a health and safety issue.  So I would check your FRs (section 4 possibly) and see what is there.

Is it a typo that is cost £3? or were the grounds maintenance team doing you a favour?  Eitherway, you were acting correctly in getting the work done quickly as it could have meant that the allotments were left in a vulnerable position for theft or vandalism as you have authority to spend up to £500 as you mention.

Seems a ridiculous situation - as the Proper Officer you have responsibility for the day to day running of the council and repairing a gate post, at the cost you stated is day to day running in my opinion.  You need to have the flexibility to run the council on behalf of the council.

Answer 2

I would advise the creation of a "Scheme of Delegation" which clearly sets out authority to spend (which links to your adopted Finacial Regulations & Standing Order). You need to be confidend and members need to be clear about what you can and can't do. You appear to have acted reasonably and in accordance with your financial regulations. I wouldnt personally "update the allotment rules" (you end up creating a situation where you trying to anticipate scenarios and distracts). You as officer have authority to spend on any budget line up £X amount suffices.