REQUIREMENT TO PROVIDE BACKGROUND PAPERS

Question

My PC has a Community Engagement manager yet the PC only engages how it chooses to . To me the basic communication tools are the agenda and minutes.   Part of both of these are any background papers which provide the basis of matters being discussed at the public meetings .  Yet my PC does not advertise these routinely with the agenda except to say it contains the following  annotation "BACKGROUND PAPERS AVAILABLE ON REQUEST". Equally they are never attached to any minutes.  This seems to be designed to facilitate keeping an informed electorate at arms length . Is there any definitive advice which can raised with the auditor on this matter as I am sure I have read somewhere that they should be retained with the minutes for 4 years?

Answer 1

If your PC is a Smaller Authority (probably not if you have a Engagement Manager) then they need to comply with the Transparency Code for Smaller Authorities.

Section 30 of this code requires "Smaller authorities should also publish meeting agendas, which are as full and informative as possible, and associated meeting papers not later than three clear days before the meeting to which they relate is taking place"

I vaguely recall that there is something in some act of law somewhere that also requires this of none Smaller Authorities. If i find it i'll post it - but i might be imagining it.

All PC's should, by law, have published a Publication Scheme on their website that specifies the documents that are available to the public. The model publication scheme published by the ICO specified 'reports presented to council meetings'. So check your PC's scheme and see what it says about this. Complain to the ICO if they are not complying.

Answer 2

NALC - The Good Councillor’s guide to finance and transparency 2018 Page 54:

0. PUBLICATION OF MINUTES, AGENDAS, AND PAPERS OF FORMAL MEETINGS

   "...Councils must publish the draft minutes from all formal meetings (i.e. full council, committee and sub-committee meetings) not later than one month after the meeting has taken place. Even if the minutes have not been finalised the draft minutes should be published.

   Councils must also publish meeting agendas, which are as full and informative as possible, and associated papers not later than three clear days before the meeting is taking place..."

   ICO FoI guidance (https://ico.org.uk/media2/migrated/1153/model-publication-scheme.pdf) - Model Publication scheme extract: 

   "...As well as responding to requests for information, you must publish information proactively. The Freedom of Information Act requires every public authority to have a publication scheme, approved by the Information Commissioner’s Office (ICO), and to publish information covered by the scheme..."

   sub para - How we make decisions.

   "...Policy proposals and decisions. Decision making processes, internal criteria and procedures, consultations..."

   Quite clearly, the NALC guide and, more importantly, the ICO guidance for compliance with FoI requires a model publication scheme - that scheme should include supporting papers if used to inform the decision making process.

Answer 3

** EDIT: This only applies to delegated decisions **

I have found the legislation that requires all Parish Councils to publish a copy of the meeting papers onto their website and retain these for a period of 4 years. To refuse a request for this information, or to obstruct, is a criminal offence.

The Openness of Local Government Bodies Regulations 2014 - section 8

https://www.legislation.gov.uk/uksi/2014/2095/regulation/8/made

Answer 4

Just to add to the other comments, you've mentioned about attaching background papers to the minutes.  There is no legal requirement to do so but clearly they can be attached to add clarity to the final minutes.  Our council attaches things like financial reports for example but wouldn't necessarily attach anything that is in the public domain via another route such as papers associated with a planning application.

Comments

When you refer to 'attaching background papers to the minutes' you appear to have missed the preceding, and rather key element of the question - the need to make the supporting papers available to the public BEFORE the meeting (as is necessary for Cllrs) so that an interested party can be as informed as the Cllrs that are expected to discuss any given subject BEFORE the discussion takes place.
It's a dreadful reflection on the mentality of first tier government that attitudes like  'there is no legal requirement' still persist (especially when they are not entirely accurate.)

Equally, there is no legal IMPEDIMENT (there ARE some duties and responsibilities) to making general supporting papers available to the public -  but it is just the most basic good sense to do so.   
Perhaps take a look at the ICO's take on the subject:

"...Transparency is fundamental to our democracy. It underpins trust and confidence in public services, which is essential because the decisions made here impact us all in some way..."

https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/07/supporting-public-authorities-to-be-open-and-transparent/