Local Authorities and Community Councils: Enhancing the Relationship

CHAPTER 1:

INTRODUCTION

New Edition

This is an updated edition of a guidance note originally published in August 1996 for local authorities and community councils. It has been drawn up in collaboration with the Convention of Scottish Local Authorities, the Association of Scottish Community Councils and Community Government Exchange. It is intended to:

affirm the Government's commitment to an inclusive democracy which involves local people in the decisions made by their local authorities; help councils and community councils develop their relationship effectively; spell out the framework within which community councils exist; set out checklists for councils and community councils about how the role of community councils can be developed; provide examples of best practice.

The background and the legislation setting out the framework for the establishment of community councils is set out at Annex A.

The Structure of Local Representation

There are 32 local authorities in Scotland, in a unitary structure which came into being nationwide in 1996. This unitary structure replaced the previous two-tier system of regional and district councils in mainland Scotland, and continued the structure which had been in place in the Shetland Islands, the Orkney Islands and area of the Comhairle nan Eilean Siar (1) since the mid-1970s.

Local authority councillors represent, serve and provide leadership for their communities. There are many challenging decisions to be made in the council's day-to-day business. Councils must balance their priorities by taking into account their statutory responsibilities, the needs and aspirations of the public, and the resources available to them. Community councils can help ensure that the council is as fully informed as possible about the circumstances, needs and wishes of local communities.

Community councils have an important role to play as the most local community-based tier of elected representation provided for in statute. Community councillors can, by developing their relationship with local authorities and their familiarity with the issues involved, increase the effectiveness of their input and sustain their ability to keep local residents informed.

The Need for Guidance

There are a number of reasons why fresh guidance is relevant now:

the advent of the Scottish Parliament emphasises the importance of local representation; local authorities have been developing and implementing decentralisation schemes in accordance with Section 23 of the Local Government etc (Scotland) Act 1994; local authorities have been reviewing community council schemes to take account of the new unitary structure; good practice in relation to community councils is constantly developing; policies such as those relating to democratic renewal, community planning, Best Value, Local Agenda 21, Programme for Partnership and the Scottish Rural Partnership all depend on strong community involvement.

Framework of Community Councils

Local authorities are responsible for setting up community council schemes where there is local demand for this type of representation. These schemes set out the framework for community councils in each local authority area. Responsibility for the administration of each scheme falls on the local authority. The schemes must include at minimum a map showing the area for each community council, and make provisions for arrangements relating to the election of community councillors and the conduct of business. Voluntary codes of practice, as well as schemes, are establishing procedures for the exchange of information between local authorities and community councils on items of mutual interest. A well-constructed scheme provides for continuity, consistency and a sense of operational security for community councils.

Each Community Council should have a constitution, which is an agreed set of working procedures which covers for example meetings, selection of office-bearers (chairman, secretary etc), and financial procedures. A model constitution might be included within a local authority's Community Council Scheme, to encourage a measure of consistency between community councils within the area. A local authority might also wish to include model standing orders for community councils. The Association of Scottish Community Councils is willing to offer advice on constitutions and standing orders.

Role of Community Councils

Community councils, of which there are currently over 1,100, are as diverse and individual as the areas which they serve.

In many areas, strong links have developed between community councils, local councillors and local authorities. This has assisted in developing relationships which give local people a real say in matters such as local service delivery and other issues which affect their daily lives.

Community councils have a substantial and statutory interest in the planning process. This has already been recognised by Planning Advice Note (PAN) 47 ("Community Councils and Planning"), and secondary legislation (the Town and Country Planning (General Development Procedure)(Scotland) Amendment Order 1996) which requires councils to consult community councils on planning applications affecting their area.

Liquor licensing and some other licensing matters may also be of keen interest to community councils and are areas on which community council views might usefully be sought. Indeed, the Licensing (Scotland) Act 1976 gives community councils specific powers to object to the granting, renewal or transfer of liquor licences. Guidance in the Scottish Office Home Department Circular HD 4/1996 emphasised the desirability of consulting community councils in respect of liquor licensing applications.

The development of decentralisation provides an important opportunity to enhance these relationships further. Properly accountable and representative community councils can be a valuable asset to both the local community and to local authorities. Moreover, the development of community planning will emphasise the need for local authorities to develop their relationship with community councils as part of their engagement with the communities they serve.

How active any community council wishes to be is entirely for them. But even if community councils choose to limit their role, their constructive involvement in local debate greatly helps to enhance their credibility within the community and with their local council. Councils should regularly review their procedures for consulting community councils and exchanging information with them.

It is essential that community councils are properly representative of the communities that they serve. The purpose of community councils is to represent a full cross-section of the community. It is important that they should not appear to favour any particular sections of the community. By implication this also means that they should not be party-political but should seek to encompass the views of all interests within the community. Many community councils invite their local councillors to participate in their meetings, but not to vote.

It is also important that community councils are seen by their local communities to be actively making an effort to ascertain local views. It should not be automatically assumed that community councillors' own personal views on a subject will be those of the community as a whole.

There is also a role for community council forums covering a local authority area. Many local authorities have established community council forums as part of their decentralisation arrangements. Forums provide community councils with the opportunity to discuss collective issues such as the development of community councils generally and to exchange experience, ideas, information and good practice and can also be useful for the purpose of arranging training. They can provide a forum for discussion of genuine local authority-wide issues, but such discussion should be complementary to consultation with individual community councils and should not be used as an alternative to it.

Involving local people

Election arrangements vary widely from area to area. Some are similar to those for local authority elections. Other community councillors are elected at public meetings. Provisions for elections or other voting arrangements require to be set out in community council schemes so councils have a significant role in putting arrangements in place to help community councils to achieve a broad representation of their community. It is important that members of the community know:

when elections are taking place; how they can participate; who is standing for election; who is eligible to vote.

A more uniform system nationally might help in this process.

Once elected, community councils need to ensure that they keep their communities fully aware of what is going on and to actively seek to encourage local involvement.

None of this can happen by itself. Community councils, as with other successful voluntary organisations, have to make strenuous efforts to communicate information and where it happens effectively the efforts bear fruit in terms of achieving a more representative response. Success helps them to demonstrate that they reflect local opinion, are aware of local needs/wishes, and can contribute to the work of other bodies such as local authorities while recognising the financial and other limitations which may constrain the actions of those organisations.

The establishment of constructive relations with local councillors and officers is therefore of practical importance. If community councils are to be able to fulfil their potential as effective, representative local commentators, local authorities must recognise the role that they, themselves, have to play.

Funding and support

Unlike parish and community councils in England and Wales, community councils in Scotland have no power to levy rates. Their main source of income is usually the grant received from councils plus any money raised as a result of voluntary fund raising activities. Councils should bear in mind that community councils are essentially voluntary bodies, and properly encouraged and supported they have the potential to make an effective contribution to both the representative function of the council and to the development of policy.

The levels of grant support are not laid down but community councils need enough money to cover their administrative costs such as stationery, postage, necessary telephone calls etc. Community councillors are unpaid, and individuals should not be deterred from standing for election by concerns that they may end up out of pocket as a result. There are a variety of ways in which local authorities can support these administrative costs, for example through free access to photocopying and other facilities provided for general community use through libraries, one-stop shops etc: it seems wasteful to pay grant to community councils with one hand and then reclaim it in rent or other charges. Some councils already support community council resource centres which provide a range of administrative and developmental services for community councils.

Other forms of assistance are equally important. As Annex A makes clear, this can be provided in the form of loans, provision of staff, furniture, vehicles, equipment etc. In addition, local authorities could greatly enhance the effectiveness of community councils by providing training for community councillors on specific areas such as planning, licensing etc thereby ensuring that comments made on specific proposals are founded on an accurate understanding of what is involved. Local authority staff - for example, planning officers, community education workers - are a particularly useful resource and may be able to help with training and education.

Dialogue between councils and community councils

A mutually beneficial relationship between councils and community councils is not simply about the provision of financial or 'in kind' support. It is about:

developing open and effective communications; providing sufficient information in adequate time to secure a considered response; supporting, publicising and assisting in community council elections (which should be open and fair); publicising community council issues continually; giving community councils the opportunity to have real participation in the decision-making process on issues exclusively related to their area; providing feedback on council decision-making, including explanations and guidance where community council views have not been accepted.