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0 votes
Hi All

An odd question for you all, an unopposed elected councillor on our Parish Council has decreed that all his correspondence must be sent to a c/o address some 150 miles away.  This includes all council business, including any confidential business, agendas etc.  He is also refusing to receive any items via email or any other system and has made it clear no mail must be had delivered.  So ALL correspondence has to be sent to the c/o address!!

The councillor still lives here and has not moved, nor does he travel to the c/o address, worryingly the c/o address is his son, who also happens to be highly active in a political party.  He has refused to explain why and is annoyingly very anti the Parish Council, long story, but long-short he has a mental health issue

Is there anything in law or regulations that means the Parish Council can refuse to use the c/o address.

TIA

Down_here
by (2.2k points)

1 Answer

0 votes

That's bizarre behaviour. If you're using the current model standing orders, the requirement is to:

"serve on councillors by delivery or post at their residences or by email authenticated in such manner as the Proper Officer thinks fit, a signed summons confirming the time, place and the agenda (provided the councillor has consented to service by email)"

If you have evidence that the nominated address is not his residence, I would revert to his registered address. This removes the possibility of somebody else opening his correspondence, which, of course, is confidential.  GDPR et al.

by (52.9k points)
I'll give you three quesses what they don't have in their Standing Orders.  Tis one of those things that they feel they dont need to do!!
Standing orders are simply an expression of the requirements of the Local Government Acts and other legislation, so, quote the 1972 Act, Schedule 12, Part 2, paragraph 10(2)(b):

"a summons to attend the meeting, specifying the business proposed to be transacted at the meeting and signed by the proper officer of the council, shall be left at or sent by post to the usual place of residence of every member of the council."

I suggest you consider adopting the latest model standing orders to ensure that you comply with the requirements. The model now differentiates between those elements that are required by law and those where the local council has some discretion, whereas previously, some councils altered or removed the stautory elements.

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