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If I understand the process correctly, if one wants to raise a complaint about the Clerk then one submits one's complaint to the Chairman.

However, what does one do when the Chairman cannot be independent and objective in assessing the complaint?

The situation is that the Clerk failed to conduct a lawful election of the Chairman and Vice Chairman in May 2014, so according to legal advice I have received the roles of Chairman and Vice Chairman are still vacant.

The legal advice is that the election needs to be retaken at the earliest opportunity.

However, the Chairman may decide that the Clerk has done nothing wrong in order to protect his current position of assuming that he is entitled to the role and that nothing is wrong.

There doesn't appear to be clear guidance on this sort of situation ...
by (410 points)

1 Answer

+1 vote
It's a tough job being clerk!  And councils must conform to good employment practices.  But sometimes action has to be taken.  Different councils have different procedures for handling problems.  The chairman usually has a key role, but it is also common to have a staffing committee so that matters are not in a single pair of hands. Ideally, there should be written procedures for dealing with disciplinary matters and grievances, and these should provide alternative routes.

From your description, the council is in a mess. If a chairman has not been properly appointed, then it appears that the council cannot lawfully function, and so any decisions that purport to have been made are invalid and could be challenged.  However, it is difficult to challenge unlawful acts by local councils because it usually requires High Court action, with the attendant substantial expenses.  So unless the matter is especially important to someone, actions are rare.  A factor that could affect councillors' decisions is that there could be a risk of opening up personal liability for costs incurred without lawful decisions to back them up, although this would most likely have to involve demonstrable negligence.

All this is getting into areas where professional advice should ideally be sought. However, a good first step could be to try to involve the senior legal officer of your district council.  They do have a role in relation to the proper running of local councils (although their powers are limited) and other councillors may take notice of a firmly expressed opinion from the district's senior legal officer.  They may be more inclined to take a stand if approached by a group of councillors rather than an individual.  Cost won't be a factor, at least initially.
by (33.6k points)
Thanks for your help, again. We are now getting good 'top cover' support from our district council.
Glad to hear it!

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