Is it appropriate that a Parish Clerk / RFO determines the precept without consulting councillors?

Question

The Good Councillors Guide suggests that the level of precept should be informed by effective short and medium term planning and consultation which identifies budgetary requirements for the year, and determines the issuing of a precept.

There is evidence to suggest that a parish clerk / RFO has been deciding the level of precept without adopting that process and without consultation or ensuring that the outcome is formally approved by councillors. Paul Clayden's "The Local Councils Clerks Guide" suggests that there is a statutory requirement to produce an annual budget, usually by the Clerk / RFO, but that must be approved by councillors.

Am I correct in believing that the whole process cannot be a delegated responsibility of the clerk?

Answer 1

It does seem to me unlawful for the clerk to determine the precept. Typically much of the work of preparing a budget and recommending a precept would fall to the clerk. But LGA 1972 s.100 (6) seems to specifically require an authority to set the precept itself. So, yes, you are correct.