Is publicising the intent to increase precept a breach of confidentiality?

Question

Parish council has produced a draft budget marked confidential in which it intends to increase its precept by 25%. Clerk believes the fact the council intends to increase its precept by a similar amount to this year but with no numbers or any other detail from the draft budget disclosed is confidential and should not be made public until the budget is made public (which could be as late as the meeting in which the budget is agreed). Thoughts?

Answer 1

How can a draft budget that increases the precept by 25% not have any figures in it?  Your post is not clear...  I

f the council is intending this level of increase, it either has a very small precept, or a major project to undertake.  It is always better to take the residents with you and explain the reasonings and workings rather than dropping it on them from a great height once the decision is made.

That said, the residents could always attend the parish council meeting and ask why there is a planned increase.

Comments

The draft budget has figures in it, none of those figures have been disclosed only the intent to increase the precept.

---

If that is the case, I cannot see any reason why it is confidential.  The residents have a right to know why the precept is being increased by such a percentage.  Although I am a clerk, in this instance, I disagree with the clerk's view and personally, I would make it known publicly that this is the council's intention and what the increase is for (if you are a Councillor).  You might get bite back but I think this is fundamentally wrong and would take the fight on.

Answer 2

You seem to have a problem with your clerk.

Supporting papers must be made available to Cllrs AND the public at least 3 clear days before a meeting.

Neither Cllrs, nor the public, can be expected to ask appropriate questions, present challenge and fulfil due diligence if they are not provided with the information well in advance of being asked (in the case of Cllrs) to cast a vote one way or the other.

The budget process is fundamentally in the public interest since it is the public that will be required to pay for it.  There really are exceptionally limited justifications for conducting a budget process in confidential session and to do so is very likely an abuse of the very limited privilege of holding a closed session.  

The November ICO newsletter included an open letter to public sector leaders to reenforce the importance of openness and accountability in public office:   "...transparency is essential if the people and communities we serve are to have confidence in the way that public services are delivered..."

https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/03/information-commissioner-calls-for-senior-leaders-to-take-transparency-seriously/

It sounds like your process is completely the wrong way around - you have to examine the historic financial data, the future projections and the existing balances in order to arrive at the precept requirement.    

Answer 3

Under the Freedom of Information Act information that is intended for future publication is exempt from the act. However certain tests must be applied.

1. Reasonable test - Is it reasonable to withhold this information.

2. Public interest test - Is it in the public interest to withhold this information

I will let you decide whether you think those tests are passed in this case. You could always try an put an FOI request in, but the most likely outcome is they will take a long time to reply and invent a load of reasons of why it is in the public interest to withhold the information.

Comments

Normally the draft budget/precept setting exercise is prepared by a dedicated Finance Committee for submission to the Full Council for agreement . In order for the Finance  Committee to form an opinion all members should have the relevant paper work to consider and as RAG says these must also be available to the public. While I received mine literally 30 mins before the meeting I have plenty of time to prepare for the upcoming Full Council meeting which is when a final  decision is to be made.  There is absolutely no way this information should be regarded as confidential.  The problem I face is breaking the circle of "we have always done it this way". Also getting the public to care !!