What is an "agenda"

Question

Can you please clarify what the meaning of "agenda" is for legal purposes?

I would assume that it includes all of the information a councillor may need to prepare for the meeting - list of agenda items, supporting documentation, links to information etc.
There is a difference of opinion in our council, with some believing that it is sufficient to put an item on the agenda with no information or context, and to provide that supporting information by email with less than 3 days notice, or, indeed, at the meeting itself.

In business, I would not expect to receive a formal agenda without all relevant information appended (ie. for a legally required board meeting) so I would have thought public office to be the same, or more demanding....?

Many thanks

Answer 1

The Transparency Code for Smaller Authorities (DCLG, December 2014) which is mandatory says that parish councils should publish 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." (Para 30)

Comments

'Old Tom' has hit the nail on the head. According to The Good Councillors Guide' 4th Edition (2013) published by the National Training Strategy each agenda item should make it very clear what you as a councillor are expected to do and to be precise about the subject under discussion. The guide also states that it is unlawful to make a decision without sufficient (three clear days) warning, especially if a decision on finance is involved.
Small comfort, but we experience exactly the same problem in our neck of the woods, as we do with your previous question.

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Many thanks to both Old Tom and Grassulalycopodides.

My understanding is that the Transparency Code applies only to councils with a t/o under £25,000? We are only small, but sadly, our precept is over £30,000, so I am assuming I cannot point to that as mandatory to resolve the issue. It seems so logical to me that the intent behind "business to be transacted" or "agenda" is everything needed to be prepared that I can't believe it is not explicit anywhere other than the Transparency Code. Is there are case law where it has been challenged?

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There is Case Law which states that a council cannot lawfully decide any matter which is not specified in the summons: (Longfield Parish Council versus Wright (1918) 88 LJ Ch 119). I have found that trying to find details is difficult and can be expensive. The subject is also covered by the Local Government Act 1972 Sch 12, paras 10 (2) (a) and (b), easily obtained on the Net. References can be found in Paul Clayden's 'Arnold Baker on Local Council Administration - Ninth Edition. ISBN 13: 9781405774055. Acknowledgments to Counterpoint who first set me on the correct path.

Answer 2

The comments already made are correct. In addition, the Local Government Act (LGA) 1972, Schedule 12, paras 10(2)(b) and 26(2)(b) insist that a summons must be left at or sent by post to the usual residence of every member of the council. The statute additionally insists that the summons (typically by means of an agenda) must specify the business which it is proposed to transact in such a way that the member who receives it can identify the matters which he will be expected to discuss.

In addition there is case law indicating that the information provided about matters to be discussed needs to be quite specific, and proportionate to the significance of the matters. So a decision to pay a tradesman for work done may not need much detail; a major project with significant financial implications would require substantial detail.

Irrespective of the Transparency Code, the Freedom of Information Act places obligations on local councils. These do not relate only to the handling of requests, but also require that a council should have a publication scheme and automatically make important documents available without waiting for a request. So the agenda and supporting documents should be made available to the public.

Comments

Well Billingham Town Council have never published anything but the running order of the items, supporting documents and subcommittee meetings are never included.  But the problem is they can't be held to account for it.