OBTAINING PROFESSIONAL ADVICE

Question

Some readers may recall I recently raised issues about Councillors and their performance as trustees for a charity. The same trustees are now involved in an almighty row re our Community Centre. Basically, all the public trustees have resigned over the “leadership approach” of the two Councillor/trustees. As the charity is due to move to a CIO the public trustees are seeking appointment to the new charity (members based) as trustees . Basically, all hell has let loose.   When I spoke under public participation my speech was interrupted by the Chairman stating she would not tolerate “character assassination”.  She also reneged on a previous agreement to read a  third-party statement. The PC are obviously anxious that the move to the CIO is achieved quickly but have to make a choice. They have now declared that they are going to spend £6k on obtaining legal advice . When I asked under what power they said S111. So we now get back to my same old question ie if PCs want to employ expert outside help what powers are available? Previously they have used S137 and now s111

Answer 1

Section 111 would cover this expenditure, as it's incidental to the council's work, but the figure concerns me. A specialist solicitor would probably charge significantly more than this (I was quoted over £11k two years ago). The council should have legal advice cover under its insurance package, which might be worth pursuing. CIO conversion is run-of-the-mill for the ACRE county organisations, so your local ACRE could provide plenty of support and steer you towards your local specialists.

I try not to be pessimistic, but from my prior knowledge of your community, the parish council and its relationships with key local organisations, creating a membership-based CIO to perform such an important function in the heart of the community will probably trigger conflict on an unprecedented scale.