ROLE OF THE CLERK AGAIN

Question

I have recently been involved in a dispute with my PC about the governance of a charity. Having experienced great difficulty in explaining the detail to Councillors I wrote personally to clerk asking for her to provide advice as to whether the action being taken was lawful. She neither acknowledged my request or replied, What she did do was write to one of the trustees (former clerk’s husband ) and explained that as I was persisting with my challenge then it was perhaps wise that the trustees should make sure they were insured. The letter concluded that the writer felt that my persistence was unfortunate and sought to tell the trustees that they as a PC had done everything to dissuade my challenge ( I have never received any formal correspondence on the matter). Am I entitled to ask who drafted the letter?  Also should it transpire that the clerk drafted it would it come within her remit to issue such advice ?

Answer 1

Firstly, if you wrote to the Clerk and she didn't reply, you should write again and ask her to reply. However, if providing advice to members of the public is not in her job description, she is within her rights to respond that she has chosen not to respond.

It matters not who drafted the letter. The clerk must assume responsibility for official correspondence issued under her signature. From the details you have provided, it seems that the clerk was expressing a personal opinion, based on common sense. I see nothing wrong with that, but would welcome other people's opinions.

Answer 2

I would consider it a win as at least they're politely suggesting they get insured.
The governance of a charity is not the buisness of the council but one would hope a Council would check any monies paid to a third party were to ones that complies with some agreed set of standards eg they have valid insurance?
I would still consider it a win to some degree

Comments

I understand the neutrality bit but the issue which has now being discussed is what accountability does a PC appointed trustee have especially when using the foundation model. Arguably none but this is the second major incidence (two separate charities) of the blatant ignoring of  the constitution which I have exposed. It is now generating a governance review.  I can tell you that the Charity Commission don't regulate at all and their only real line of defence is to "trust the trustees". I do seem to have made one major difference as if you read the CCs website they now have a specific entry on the Governance page about whether Charities are registered to claim Gift aid or not.

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Should i wish to ask the clerk questions during an upcoming Council meeting is she obliged to answer. She is a trustee of an outside charity who appoints trustees to my offending charity.

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I think they are yes, however it would have to be linked to the Council directly.
They may respond in writting as they don't always answer during public question time.