Issue No. 166 - LALC … · issue no. 166 £1.25 lincolnshire armed forces covenant conference 2018...

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Issue No. 166 £1.25 LINCOLNSHIRE ARMED FORCES COVENANT CONFERENCE 2018 HELD AT THE INTERNATIONAL BOMBER COMMAND CENTRE see page 12 for details

Transcript of Issue No. 166 - LALC … · issue no. 166 £1.25 lincolnshire armed forces covenant conference 2018...

Page 1: Issue No. 166 - LALC … · issue no. 166 £1.25 lincolnshire armed forces covenant conference 2018 held at the international bomber command centre see page 12 for details

Issue No. 166

£1.25

LINCOLNSHIRE ARMED FORCES COVENANT CONFERENCE 2018

HELD AT THE INTERNATIONAL BOMBER COMMAND CENTRE

see page 12 for details

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Inside this issue:

Contact us: Lincolnshire Association of Local

Councils

Dunholme Old School

8 Market Rasen Road

Dunholme

Lincoln

Administered by a County Committee appointed at the

Annual General Meeting - the Association operates in

accordance with its constitution and also in the best in-

terests of the first tier of local government. Every member

of the County Committee is either a councillor or a clerk

from a member council in membership of the Association.

We also deliver an extensive training programme which is

designed and reviewed regularly to reflect the needs of

member councils.

County Executive Committee

Denis Glenn President

Tony Howard Chairman

Richard Cross Vice Chair

Mike Passfield Treasurer

Katrina Evans Chief Executive

LALC Team Katrina Evans (Chief Executive)

Office Manager; dealing with all Council enquiries

Including: HR queries, legal requests for advice.

Representation at local, county & national meetings;

Manages & delivers the training programme.

Lindsey Westman (Snr. Admin & Finance Assistant)

Provides admin support - deals with training bookings;

Clerk updates and vacancies; General financial enquiries

in relation to council invoices

Amy Bestwick (Training and Support Officer

& Information Governance Lead)

Co-manages and co-delivers the training programme;

Deals with Council Enquiries; Responsible for communica-

tion streams including the website updates & quarterly

newsletter. Please contact Amy to share your good news

stories or information of interest to our other member

councils.

Local Government Association

Resident Satisfaction Polling

NALC & LALC Upcoming Events

3

4

GDPR Updates & Audit

Requirements

5

Local councils in favour of single,

mandatory code of conduct

6

Communities working together to

help themselves in times of crisis

7-8

Community Housing Fund

10

The Armed Forces Covenant

Conference & Funding.

CILCA Awards, Annual Training

Scheme & Training Programme

2018

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[email protected]

[email protected]

[email protected]

01673 866596 / 07422 963475

www.lalc.co.uk

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About us

Lincolnshire Association of Local Councils (LALC) is a not-

for-profit membership organisation for parish and town

councils in Lincolnshire. As an unincorporated association

LALC is owned by its member councils who exercise

control through the Annual General Meeting.

Horncastle Town Council has

been delegated the power to

make decisions on minor plan-

ning applications

9

Employment Guidance—Council

workers unfairly dismissed for a first

offence that is not gross misconduct

11

12

Local Councillors and Clerks at-

tend The Queen’s Garden Party

at Buckingham Palace

13

Defibrilators, Volunteering

Opportunities, Websites and

Publications

14

Funding Opportunities

15

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GOVERNMENT

3

LOCAL GOVERNMENT ASSOCIATION

.

RESIDENT SATISFACTION POLLING—JUNE 2018

For the last six years, every four months, the Local Government Association has undertaken a

public poll on resident satisfaction with local councils. June 2018 marked the twentieth set of

results since the polling began and highlighted the lowest levels of resident satisfaction thus far

and a downward trend.

National polling complements councils’ local work by regularly looking at the national picture.

Tracking national changes in satisfaction with councils, alongside questions on other related issues

about residents’ local areas, can provide valuable information on what is driving resident perceptions

and, therefore, what councils can do to serve their local communities better.

The LGA’s polling with residents used six indicators to measure how satisfied they are with their local

area and council. The majority of respondents gave positive satisfaction ratings, with the exception of

value for money. Furthermore, in this round, the six indicators returned the smallest proportion of

positive replies across all 20 rounds. The following results were observed:

Satisfaction with local area: 79 per cent of respondents were satisfied overall with their local area

as a place to live – a strong level of satisfaction but the first time it has dropped below 80 per

cent.

Satisfaction with way council runs things: 61 per cent of respondents were satisfied overall with

the way their local council runs things. This represents the majority of respondents but is a

significantly lower proportion than 16 of the 19 previous rounds.

Feeling informed: 53 per cent of respondents said their council keeps residents informed about

the services and benefits it provides – a significantly lower proportion than all previous rounds.

Trust in council: 56 per cent of respondents said they trusted their council either ‘a great deal’ or

‘a fair amount’ – a significantly lower proportion than 10 previous rounds.

Responsiveness of council: 53 per cent of respondents replied positively when asked if their

council acts on the concerns of local residents – this is a significantly lower proportion than 16 of

the 19 previous rounds.

Perceived value for money: The proportion of respondents who ‘strongly agreed’ or ‘tended to

agree’ that their council provides value for money stands at 45 per cent in this round, with a

further 28 per cent giving a neutral response. Of the six indicators, value for money perception

has consistently received the lowest proportion of positive replies, and this is lowest level of

satisfaction for this indicator across all 20 rounds.

Many additional factors will influence resident views of councils at a local level, including local

demographics, economic factors and social circumstances. It is important, therefore, that polling

results are seen as complementary to a wider approach aimed at understanding and responding

To communities at a local level.

The Local Government Association will be using these results as part of their campaigning work

ahead of the Comprehensive Spending Review to highlight to central government the impact of

funding reductions to local government. Full details of this study can be found at

https://www.local.gov.uk/lga-resident-satisfaction-polling-june-2018

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LALC & NALC

Upcoming Events...

NALC ANNUAL CONFERENCE 2018

30/31 October 2018

DoubleTree by Hilton Hotel, Milton Keynes

NALC’s Annual Conference 2018 is an essential event for councillors, council officers, county

association members and officers as local councils join with other parts of the public sector (including

the government and principal authorities), the private sector and voluntary sector to discuss the key

policy issues of the moment. The event will promote the NALC's vision that local councils will be the

focus of community effort, the natural locus of a range of public activity and service delivery; giving a

democratic voice to those communities working in partnership with other agencies. This will be a

brilliant opportunity for councillors, clerks, county officers and members, exhibitors and sponsors to

network, share good practice and gain solutions to local issues from a platform which puts local

LALC will hold their AGM and Conference on

Wednesday 17 October 2018 at The Venue, Grantham Rd, Navenby, LN5 0JJ

5pm - 9pm

Exhibition stands from 5pm, finger buffet at 6pm, AGM at 7pm

The keynote speaker at this year’s Conference – following conclusion of AGM business - will be Eve Fawcett-Moralee. Eve is the Economic & Commercial Growth Director at West Lindsey District Council and will give a briefing on

Harnessing the “South Agenda” to support Parish Council’s to regenerate their community.

AGM ANNUAL GENERAL MEETING

& CONFERENCE

NALC SPRING CONFERENCE 2018

11th February 2019

Royal National Hotel, London

NALC’s Spring Conference 2019 is an essential event for councillors, council officers, county association

members and officers as local councils join with other parts of the public sector (including the govern-

ment and principal authorities), the private sector and voluntary sector to discuss the key policy issues of

the moment. The event will start to realise the future from the NALC vision that parishes will be the focus

of community effort, the natural locus of a range of public activity and service delivery; giving a

democratic voice to those communities working in partnership with other agencies. This will be a

brilliant opportunity for councillors, clerks, county officers and members, exhibitors and sponsors to net-

work, share good practice and be equipped with the best skills to face the future challenges of their

communities.

BOOK NOW… Local Councils Networking Day – 27th September 2018

The Bentley Hotel, Newark Road. South Hykeham, Lincoln LN6 9NH

LALC would like to inform member Councils that we have arranged for a Councillors and Clerks

networking day again this year.

Councillors Workshops – The Voice of a Councillor (delivered by De Montfort University); Presentation of

findings of the Councillor Commission; Lincolnshire Local Councils & Devolution.

Clerks Workshops – ‘Getting Funding Ready’ (delivered by LCC Funding Officer); Dealing with Conflict

(Lis Moore, SLCC)

All Attendees – Guest Speaker from The Alzheimer’s Society – Dementia Friends; Diversity and

Recruitment of Councillors in Preparation for 2019 Elections (LCC and LALC)

Cost for attendance at this event will be £10.00 for ATS (Annual Training Scheme 18/19) members &

£30.00 for non-ATS members. The booking form is available via the LALC website.

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LEGAL & GOOD PRACTICE

Updated NALC GDPR Toolkit

As many of you will already be aware, throughout August there were two

updates to NALC’s GDPR Toolkit to reflect the new Data Protection Act

2018 and data protection regime. Below are details regarding the chang-

es and what it means for your Council

Data Protection Officers (DPO) and the Requirements for

Local Councils and Parish Meetings

The GDPR applies to all local councils and also to a parish meeting without a separate parish

council because a local council and a parish meeting are public authorities. The GDPR states

that organisations, including local councils and parish meetings will need to appoint a Data

Protection Officer (“DPO”) if they meet certain criteria. Local councils and parish meetings will

not fall into the definition of a ‘public authority’ for the purposes of the Data Protection Act

2018. The rationale for this according to the debates in Parliament is that local councils and

parish meetings will not normally be processing personal data ‘on a large scale’. However

larger local councils who do process personal data on a large scale may still have to appoint a

DPO (see paragraph 26 and Appendix 5 within the updated GDPR toolkit for more information

about DPOs. This information can be found by LALC members at http://www.lalc.co.uk/model-

documents-and-policies/attachment/a-gdpr-toolkit-for-local-councils-august-2018-2/).

The GDPR Toolkit provides a number of practical tools to assist councils with GDPR compliance,

in the form of a GDPR Action Plan Checklist and a Data Audit questionnaire, in addition to

templates for privacy notices and consent forms.

Information Commissioners Office - Data Protection Fee

It has been raised by a number of Councils that they have faced difficulty when trying to pay

their data protection fee online. In selecting the option of a ‘public authority’, the online pro-

cess asks for data protection officer details, which is not necessary for local councils. Thankfully

this is not a challenge for just Lincolnshire Council’s, and has been raised as an issue with the

ICO whom have confirmed that a request has been made to amend this.

In the meantime, there is a way around it - rather than selecting ‘public authority’ select ‘other’

which then asks for organisation type, the Council’s details can be added in there.

Audit Requirements

We have recently received correspondence from

PKF Littlejohn which has highlighted concerns that a

vast number of local councils and parish meetings in

Lincolnshire have not yet sent either their External

Audit Exemption Certificate or their Annual Govern-

ance and Accountability Return Part 3. All Councils

that this applies to will now have received formal

reminder letters at a charge of £40 each and will

receive a further letter if there is still no response. Any council which is unsure what they should do regard-

ing this can contact the LALC office on 01673 866596

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https://www.nalc.gov.uk/news/entry/1062-local-councils-in-favour-of-single,-

mandatory-code-of-conduct

LEGAL & GOOD PRACTICE

Local councils in favour of single, mandatory code of conduct

Local (parish and town) councils would support a single code of conduct that could be to be used

by all local authorities, according to research conducted by the National Association of Local

Councils (NALC).

Currently, different codes of conduct are in use across local government, but 90% of those local

councils questioned would fully support a code of conduct that is the same and mandatory for all

local authorities.

The survey of England’s local councils – undertaken by NALC to inform its submission to a

parliamentary review on standards – also found that nearly 70% of local councils would like new

powers to impose additional sanctions. At the moment sanctions used by local councils include

apologies and training. However, around 60% of local councils believe these are neither sufficient

to punish breaches of the code of conduct or deter future breaches.

Additionally, when it came to training on codes of conduct, the survey uncovered gaps with

almost 40% of local councils stating that their members hadn't received any training and 20%

reported that most members did not understand the rules around declaring interests.

Cllr Sue Baxter, chairman of NALC, said: “NALC does not believe the current ethical standards

arrangements are working as well as they could and a review of the regime is something we have

long called for. We would like to see stronger sanctions available to local councils, including the

power of suspension and disqualification.

“In light of our research, we are also asking the government to invest £2m towards a national

training programme that would see all new councillors undertake training on ethical standards

and the code of conduct as part of their induction.”

The Committee on Standards in Public Life is currently undertaking a review into local government

ethical standards which is expected to report to the prime minister by the end of the year.

To read more of this article, subscribe to NALC’s LCR magazine.

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PLANNING for an EMERGENCY

7

Communities working together to help themselves in times of crisis

As the nights draw in we are reminded that the seasons are rapidly changing and, as such,

so is the weather. October marks the traditional start of storm season in Lincolnshire which

runs through to March heralding some unfriendly weather from storm surges on the coast to

surface water flooding from heavy prolonged downpours across the rest of the county,

leading to heightened risk of further flooding from rivers and water courses. If that wasn’t

enough there are the freezing temperatures, snow and high winds to contend with all

bringing an array of disruptive forces to our lives making the simplest tasks that little bit more

complicated. I think we used to refer to this time as “winter”.

But what happens if something else were to happen? Maybe a major fire or an industrial

accident or something more sinister. What could we do to safeguard ourselves and

communities in situations such as these?

I have painted a picture of doom and gloom for the coming months which is a little unfair so

to make amends I would just like to say that it doesn’t have to be difficult to manage as it

may first seem. Having the right information to hand does make a massive difference in

bringing about a speedy recovery. Now is the perfect time to review your emergency

arrangements in the community, ensuring you have the correct contacts in place should you

need to contact people to help in times of uncertainty. The most effective means of

recording this information is in the form of a community emergency plan which sounds worse

than it actually is. A simple template is available from Lincolnshire County Council’

Emergency Planning Unit; details of which are at the end of this piece.

The template is easy to complete, just look out for the yellow highlighted areas and insert the

relevant information about your community and that’s it, you have a plan. The information it

contains can help you help your community help itself when it is needed the most until

emergency services arrive. If people are able to get the right information from a trusted

source at the right time, then they are better equipped to make their own choices. It can

and does save lives, livelihood and the environment and makes the process of recovery

much more straight forward. All we ask is that you remember to share a copy with us so that

we can support you through the process and the life of the plan.

When you send us a copy we will insert all maps you may require. We will also provide these

in large scale formats completely free. If your community would like to take this a stage

further we are happy to come along and support the development of the plan and a local

community action group looking at everything from plan activation to setting up and running

places of safety should your community ever be faced with an evacuation.

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PLANNING for an EMERGENCY

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As technology improves there are a number of very useful apps out there that you and your

community may find interesting. All are easy to use and most importantly contain information

that can really make a difference to your community in times of crisis.

British Red Cross Emergency App –

https://www.redcross.org.uk/get-help/prepare-for-emergencies/free-emergency-apps

This app can help you deal with emergencies when they happen by giving you

the ability to set up emergency alerts for your area including severe weather

warnings, it allows you to add the locations of family and friends so you can let

them know of any warning issued. It also has personal alarms and strobe lights

useful for alerting people and a location finder so you will know where you are.

This app offers clear practical advice on what to do in emergency situations.

CitizenAid -

https://www.citizenaid.org/

This app can reduce the anxiety from difficult decision making in an unfamiliar

situation, just follow the logical steps to do the right things in the right order to

stay safe and help others to stay safe and to save lives.

MET Office App -

https://www.metoffice.gov.uk/services/mobile-digital-services/weather-app

Stay one step ahead of the weather with this MET Office weather app

wherever you are, this app will bring you the latest weather data enabling you

to plan your day.

Finally please take advantage of the Environment Agency’s free flood alert and warning ser-

vice which can give you precious time to take actions to safeguard yourselves and commu-

nity in times of flood. It is important to remember that this service only covers flooding from

rivers and sea and not surface water. To register for the service please visit:

https://www.fws.environment-agency.gov.uk/app/olr/register - and don’t forget to encour-

age your community to do the same.

Emergencies are thankfully rare but when they do happen having the right information at the

right time saves lives, livelihoods and the environment. Spending a few moments now to think

about what you or your community would do in the event of one happening is time well

spent.

To get hold of your copy of the latest community emergency plan template or if you would

like to know more about preparing for this winter or, would like us to come along and talk

with your community or parish please don’t hesitate to contact us at:

[email protected] or call 01522 582220 for a chat.

Please don’t forget to send us a copy of your community emergency plan so we can support

you in times of crisis because if we don’t know, we can’t help.

As always; Stay Safe

Steve Eason-Harris

LALC have organised an additional training event on developing Community Resilience Plans with an

aim to support Councils to establish, manage and operate a plan following a 5-stage process.

Stages1–5: Concept The Plan Response Training Recovery Training Test the Process

COMMUNITY RESILIENCE PLANNING WORKSHOP

29th November 2018

1.30-4.00pm

Mablethorpe & Sutton Town Council Offices, Stanley Avenue, Mablethorpe, LN12 1DP

Places for this event can be booked via the LALC booking system at http://www.lalc.co.uk/training/

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PLANNING

Following the adoption of the Horncastle Neighbourhood Development Plan in 2016, the Town Council was

approached by East Lindsey District Council in April 2017 about being granted delegated powers to make

decisions on certain planning applications. The Town Council straight away jumped at the chance and set

about drawing up a timetable.

It has been a long process and a lot of work has been done by both the Town and District Council to finally

get to the stage where on 18th July 2018 East Lindsey District Council approved to give delegated authority

for Horncastle Town Council to make planning decisions on: All minor householder planning applications

All advertisements

Change of use applications

The Town Council will start making decisions in October.

In order for East Lindsey District Council to be able to reach this decision it had to amend its constitution to

delegate this power to the Town Council, and a memorandum of understanding between the District and

Town Council was drawn up and agreed by both parties. The Town Council has had to amend its Standing

Orders, Terms of Reference for the Planning and Development Committee, produce a written process for

making decisions and a document on speaker’s rights; and all members of the Town Council who sit on the

Planning and Development Committee have had to undergo planning training. Only councillors that have

attended this training can be a member of the Planning & Development Committee or be a substitute

member, so it is really important that as many Town Councillors are trained up as possible.

In previous years there have been approximately 40 applications per year which would have been

determined by the Town Council, so if the number remains at this level the Town Council will only be making

the decisions on 3 or 4 applications per month. The Town Council will be able to decide not to determine an

application if it feels that it would be best decided by the District Council, and it won’t be making decisions

on applications from Town Councillors or members of staff.

The delegated power has been granted for an initial period of 18 months and can be terminated at any

time by giving one month’s notice. At the end of the 18 month period the District Council will decide

whether the arrangement will continue and also if it has been a success to offer the opportunity to other

Town and Parish Councils in the District that have adopted Neighbourhood Development Plans. There is

also potential that if this trial is a success then the Town Council could be offered to make decisions on

larger applications with the support from the District Council.

Usually when Town and Parish Council are offered new powers or assets to take on it is usually to make cost

savings or make the process easier. This is not the case in this instance, as taking on this delegated power

will cause additional work for both Councils, as the applications that are being decided are likely to be the

ones which would have been delegated to a Planning Officer for a decision and not decided by the District

Council’s Planning Committee. However, the Town Council felt that this was such a good opportunity to

finally make some important decisions at a local level that it didn’t want to turn it down and it also felt proud

to be only the second Council nationally to do this. Amanda Bushell, Town Clerk, Horncastle Town Council

Horncastle Town Council has been delegated the power to make

decisions on minor planning applications

LALC have organised an additional training event: looking at the planning process, applications and

material considerations, S106 monies and local plans incorporating neighbourhood planning...

PLANNING AND NEIGHBOURHOOD PLANNING

29th November 2018

6.00-9.00pm

Mablethorpe & Sutton Town Council Offices, Stanley Avenue, Mablethorpe, LN12 1DP

Places for this event can be booked via the LALC booking system at http://www.lalc.co.uk/training/

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PLANNING

Community Housing Fund

A firm element of central government housing and planning policy is to maximise

the potential for local communities to develop new housing and to create their

own solutions to meet local need, thereby helping the delivery of much-needed

new homes and other home improvements.

Within the new prospectus for the Community Housing Fund launched on 2 July 2018, the

Government gives unequivocal support for how “the community-led approach to house

building galvanises local support and is driven by the commitment and energy of the very

individuals and communities that it will benefit”. It notes how such approaches have been

successful in delivering locally new homes “in places and on sites” not usually favoured by

more commercial and speculative house-builders. It also welcomes the support given to

smaller house building companies and local economies in projects commissioning homes

that are predicted on being affordable at local incomes to current and future households.

As detailed within the Fund’s Prospectus, grant funding is now being made available:

To eligible organisations to help cover the revenue costs of project-specific activities

that will support development of community-led housing proposals; To meet the capital costs of local infrastructure projects that will facilitate new housing

developments that meet the criteria for being community-led.

Other information will be forthcoming from Homes England on what funding could help meet

the subsequent capital costs of new projects.

East Midlands Community-Led Housing (EMCLH) is keen to use this opportunity for local

community projects and for their supporters to benefit from the assistance now offered by the

Community Housing Fund. EMCLH is an independent not-for-profit organisation established in

2012 to support community-led housing opportunities across the East Midlands whereby

communities, community groups and other interested households can create the local

housing solutions to meet identified needs. It is a key regional member of the emerging

national community-led housing sector and has been steadily developing a successful set of

local community-led housing projects over a number of years.

EMCLH is aware that there are a variety of possibilities inherent in the community-led housing

sector to shape and deliver housing provisions that will meet identified local need. Some

community-led housing projects have partnered local housing associations / Registered

Providers to access affordable housing funds and development expertise, but others have

not. Some schemes have been developed on land that had been in the public sector, but

not all sites have been accessed from that source. Some projects have included new delivery

through self-build, custom-build, cohousing, co-operative and community land trust initiatives,

whilst other schemes have had a focus upon managing and renovating under-utilised or

abandoned existing housing stock. What has, however, been uniformly distinctive is the

support each has ultimately received from their retrospective local communities. In each

case the different housing solutions identified by local communities themselves have been

progressed through key support from public and community bodies.

A national series of conferences to promote opportunities to progress community-led housing

initiatives are being promoted through the Nationwide Foundation in partnership with ACRE

and Community Lincs. The East Midlands conference was held on 11 September 2018 in

Sleaford. EMCLH is itself working on plans to provide supplementary briefings within the region

and will be very keen to hear from parish councils and their communities interested in discuss-

ing how to promote community-led solutions to different housing issues at their local levels.

For more information contact John Mather / Martin Field, Community-Led Housing Facilitators,

East Midlands Community Led Housing.

Tel: 07598 176353 / 07976 546532. Email: [email protected] / [email protected]

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11

EMPLOYMENT

Council Workers Unfairly Dismissed for Using Work Vans for Personal Use

An employment Tribunal recently ruled that two Council contractors were Unfairly Dismissed, because the

Employer’s Gross Misconduct policy was unclear in relation to the use of Council vans for personal use.

Both workers were employed by a Council contractor and were required to use vans to carry out property

repair work for the Council. The vehicle policy stated that the vans would only be used for carrying out work

duties, and under no circumstances used for private purposes other than ordinary commuting and

unauthorised use of a company vehicle is deemed to be gross misconduct and may result in dismissal.

All vehicles were fitted with tracking devices. Data from one of the vans showed that the van was used

numerous times to visit family on the way home. The other Employee had used the van for a variety of

reasons, including supermarket visits and taking his son to play football.

Both were invited to a disciplinary hearing at which they claimed that the vehicle policy was confusing. In

addition, one claimed that visiting his mother wasn’t taking advantage as her home was on his normal

commuting route, and he was visiting her following the recent death of his father. Fortem did not accept the

explanation and both were dismissed, which was upheld at Appeal. At the subsequent Employment Tribunal

the Judge accepted that the reason for dismissal was misconduct, which the Employer was able to prove

had occurred.

However, according to the Judge the company policy regarding the use of vans for business and private use

was unclear, as it failed to explain what actually constituted private use, and how it should be assessed. The

Judge criticised the Council for failing to explain what actually constituted ‘personal’ and ‘work’ use. Had

the policy contained details of what times of day and what days of the week would be considered to be

personal use, how the Employee could demonstrate they were travelling on business and how to check with

management as to what would be acceptable, the Employer may have been in a stronger position to

defend themselves.

In deciding the outcome, the Judge also took into account the fact that both Employees had over twenty

years continuous service, along with clean disciplinary records, and decided that the Employer’s decision fell

‘outside of a ban of reasonable responses’.

Can dismissal be Fair for a First Offence which is not Gross Misconduct?

Many councils, along with other employers, believe that only Gross Misconduct can justify dismissal without

prior formal and final written warnings. Most Council Disciplinary Procedures clearly set out what constitutes

an act of Gross Misconduct, and councillors/clerks believe that dismissal without prior formal disciplinary ac-

tion can only be justified for one of these offences.

However, this belief has recently been challenged in the Employment Appeal Tribunal (Quintiles Commercial

v Barongo), which resulted in the following guidance for Employers.

The law relating to dismissals (s98 Employment Rights Act 1996) makes no reference to Gross Misconduct. The

legislation describes employee conduct which, in the circumstances, the employer would reasonably treat

as sufficient reason for dismissal. Clearly, this widens the range of options to dismiss an employee, and is not

limited to a prescriptive list within the disciplinary procedure.

In the EAT’s opinion dismissal for a first offence can be fair, even if it is not listed under the Gross Misconduct

category, if the Employer believes that the conduct was sufficient to breach the trust and confidence an

Employer should be able to expect from their member of staff.

The test for the Council, as with any Employer, would be to prove that the dismissal would be a reasonable

response to the Employee’s misconduct.

Many councils, employers and employment tribunals are concerned with strictly adhering to their disciplinary

procedures. Whilst the ACAS Code of Practice does specifically identify Gross Misconduct as grounds for

dismissal without notice, if a council can demonstrate that the employee’s conduct was so serious that there

can be no “turning back” in terms of trust, the Barongo case does show that dismissal could be an option,

even if the nature of the misconduct is not included in the disciplinary procedure’s list of Gross Misconduct.

However, if a council wished to consider this option, it would need to make the employee aware that it was

considering dismissal when it invited them to a disciplinary hearing. The council would also be obliged to pay

notice pay in lieu following the dismissal, as only Gross Misconduct can result in dismissal without notice.

PROFILE: Chris Moses is Managing Director of Personnel Advice and Solutions Ltd and also a Chartered Fellow of the Char-

tered Institute of Personnel and Development. He also and holds a Masters Degree in Employment Law from Leicester Uni-

versity, and has over twenty years front line HR experience. Further information and advice for Councils can be found by

visiting www.personneladviceandsolutions.co.uk/factsheets

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12

COMMUNITY

The Lincolnshire Annual Armed Forces Covenant

Conference 2018

The final round of the Armistice and Armed Forces Communities programme opens on 3rd September

2018. Hundreds of awards have already been made to schools, community organisations and places of

worship across the UK.

The Armed Forces Covenant Fund Trust is running a programme to fund the costs of up to 10 silhouettes

for schools, community groups, places of worship and local charities. To apply; your organisation will

need to fill in a short form; and will need to commit to holding a community event in November 2018. This

event does not need to be complex. It could involve local veterans from your community; young people

or perhaps a local military base. The event will need to provide an opportunity to reflect on the

Armistice; but also to think about the Armed Forces today. If awarded; the evocative silhouettes will

belong to your organisation; and you can use them in future years.

Please follow this link for more information and how to apply: http://www.covenantfund.org.uk/the-armistice-and-

armed-forces-communities-programme-remembering-and-supporting-their-contribution/

The Lincolnshire Annual Armed Forces Covenant Conference was held this year at the

International Bomber Command Centre in Lincoln. The Centre held its official opening

earlier in the year and the Conference was a fantastic opportunity for delegates to see

this impressive venue in person.

Nearly 80 delegates attended the conference making the most of the valuable

opportunity to network with organisations from all sectors, including the Armed Forces,

Veterans, Reservists and the Voluntary and Charitable Sector.

Speakers on the day included Nicky Barr of the International Bomber Command Centre and John Shivas

from the Armed Forces Covenant Trust Team in London. Catherine Foster from the Jon Egging Trust

gave a presentation about community and military integration via local schools and serving personnel.

Sue Clark and Karen Seddon from the Cranwell Community Hub who had been recipients of funding,

also gave a presentation. John Wilson OBE DL also spoke about the reservist and employer relationship

and Cllr Jackie Kirk from City of Lincoln gave an emotive account of herself and the reservist

experience. Paul Drury from Lincolnshire County Council led a workshop, who is himself a veteran.

Following a delicious lunch served in the IBBC restaurant which is open to the general public, delegates

were able to tour the spire, walls and gardens.

If you have any queries about the Covenant or the Covenant Funding, you can contact Liz Dockerty,

Covenant Development Officer at Lincolnshire County Council.

Tel: 01522 552446

E-mail: [email protected]

The Covenant Fund: The Armed Forces Covenant Fund Trust makes grants to support members of the

Armed Forces community.

The Armed Forces Covenant Fund has 4 broad funding themes now and in future years.

removing barriers to family life;

extra support after service for those that need help;

measures to integrate military and civilian communities and allow the armed forces community to

participate as citizens;

non-core healthcare services for veterans

The Armed Forces Covenant: local grants and digital development programme which makes grants of

up to £20,000 for local projects is open for applications. Find out more on this programme on the Armed

Forces Covenant Trust website. http://www.covenantfund.org.uk/grant-application/

You are welcome to submit your application at any time. Decisions will be made four times in every 12

month period, so no one should have to wait more than 20 weeks for a decision - and in most cases it

will be far sooner. If you have fixed dates for when your project must take place - such as commemora-

tive occasions or school term times you will need to note the following: Applications submitted by mid-

day 30 Sept 2018 will be decided before the end of November 2018.Applications submitted by midday

17 Dec 2018 will be decided before the end of February 2019.

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13

COMMUNITY

Local Councillors and Clerks attend The Queen’s Garden Party

at Buckingham Palace

Each year, NALC are requested by the Lord Chamberlain’s office to inform member councils

that Her Majesty will be hosting a Royal Garden Party at Buckingham Palace, with Lincolnshire

being allocated a select number of places. For the last two years LALC have requested that

Councils nominate the Councillors, Chairman or Clerk they feel deserves recognition for their

continued commitment, hard work and service to the Council. Invitations are in recognition

of past service, therefore it is appropriate that outgoing members, rather than those newly

elected, should be invited to attend.

Mablethorpe Town Council nominated Councillor Dobbs and his

wife Pauline in recognition of Councillor Dobbs having been a

member of the Town Council since 1982.

“Cllr Dobbs has worked tirelessly within the community during this

time and alongside his wife Pauline, has worked with many

charities and organisations within the parish raising funds,

awareness and offered support. This would be an honour for

both the parish to be represented and personally for Cllr & Mrs

Dobbs to receive some recognition for the hard and tireless work

and dedication to the community over the years”.

The final recipient of the invitation for Lincolnshire was Councillor Yvette Green, Chairman

of Langworth Parish Council in recognition of her work with the community and continued

enthusiasm despite her ill-health. Yvette attended the Garden Party with her mother and

described the day as ‘overwhelming’ having been lucky enough to speak with The Queen!

We are extremely sad to announce that Cllr Green passed away in August and would like

to offer our heart-felt condolences to those who knew and loved her.

Another nomination was for Yvonne Genever, in recognition of 40

years as Parish Clerk to Uffington Parish Council. Yvonne attended

with her husband Paul and informed LALC “it was an excellent

day, a great experience….we did see the Queen at a distance

which was very exciting. We visited the gardens, about 40 acres, it

doesn’t seem possible all that amount of greenery in the middle of

London. The abundant food was excellent and very well

prepared. A Garden Party invitation, for possibly a once in a

lifetime experience should be readily accepted as it is worth every

minute of the day. Thanks again LALC”.

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COMMUNITY

14

Free websites .... are still available for parish and town councils, from the County Council.

Having a website can help smaller councils to comply with the mandatory Transparency Code. The

site, once completed, is hosted on the County Council’s server - free of charge - and support is pro-

vided to train the administrator of the site.

For further details please contact Gemma Mond Digital Communications Officer at Lincolnshire County

Council by sending an email to: [email protected]

FREQUENTLY ASKED QUESTIONS BY NEIGHBOURHOOD PLANNERS

This guide answers the most common questions asked by those not familiar with the

planning system. It helps explain how the planning system operates, where neighbourhood

planning fits in, and the neighbourhood planning process itself.

PUBLICATIONS

The Jon Egging Trust was set up in memory of

Red Arrows pilot Jon Egging who tragically lost

his life at the Bournemouth Air Festival. Jon

was passionate about inspiring young people

through his love of flying. The Jon Egging Trust

realises his dream of supporting young people

to reach their full potential. JET’s team of

volunteers are invaluable and we are always

looking to welcome new people to our

enthusiastic and supportive team of

volunteers.

So, if you have any spare time, please con-

tact [email protected]

JET Volunteers do something different:

they inspire, motivate and help change

young lives.

YOU TOO CAN #JETINVOLVED AND HELP US

REACH OUT TO 10,000 YOUNG

PEOPLE EVERY YEAR

CAN YOU VOLUNTEER TO MAKE A

DIFFERENCE

TO YOUNG PEOPLE ACROSS THE UK...

Now in its eleventh edition, 'the yellow book' remains the key text for Parish Councils, Local

Authorities and solicitors practising in local government law and public/administration law.

What's new? Coverage of the Anti-Social Behaviour, Crime and Policing Act 2014 in relation to

public spaces, protection orders and the control of dogs; The new General Data Protection

Regulation; The Data Protection Act 2018; Discussion of the differences between England and

Wales, as the divergence between the laws of the two countries continues to grow

Would you like to reserve a copy? Please contact [email protected]

Member price: £103.99 + £7.00 p+p

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FUNDING

15

Community Asset Fund Sports clubs and community organisations can now apply to the Community Asset Fund – Sport

England’s new capital fund dedicated to enhancing the spaces in your local community including for

a hall for doing classes, a park or a pitch Bids between £1k and £150k. The Scheme opened Feb 2017

Community Centres and Village Hall Grants—Trusthouse Charitable Foundation

Trusthouse is interested in applications for capital projects at community centres in the most deprived

urban areas and village halls in remote and economically deprived rural areas. The Foundation wants

to support community centres and village halls which are at the heart of small, deprived communities.

They expect that you will be providing a range of activities for all ages and abilities which help to

promote community cohesion and address local problems of isolation, poverty, lack of local facilities ,

transport and other issues of relevance in your area. The Foundation will consider applications for new

buildings; upgrading, renovating or extending buildings; improving or creating outside space (but not

car parks). You will need to have secured a minimum of 50% of the costs of the project before you start

an application. http://trusthousecharitablefoundation.org.uk/grants/community-centres-and-village-

halls/

Tesco Bags of Help With grants of up to £4,000 available - ‘Bags of help’ funds local projects that benefit their

community. The scheme is administered by Ground Works and the type of projects can be

very broad and will cover direct costs needed to deliver the project. Examples could in-

clude: buying new equipment, training coaches or volunteers physical improvements of

open spaces, community events and sports and leisure activities. For further details go to:

www.groundwork.org.uk/Sites/tescocommunityscheme

WiFi4EU - European Commission - The EC seeks to promote free Wi-Fi connectivity in public spaces

such as parks, public buildings, libraries, health centres and museums between 2017/19. Open to local

authorities, funding will cover equipment and installation costs. Go to:

https://ec.europa.eu/digital-single-market/en/policies/wifi4eu-free-wi-fi-europeans

Premier League and The FA Facilities Fund - Football Foundation Grants for building or refurbishing grassroots facilities such as changing pavilions and playing surfaces

fro community benefit, with money provided by the Premier League, Government & the FA. Available

to football clubs, schools, councils and local sports associations. Grants available for between £10K

and £500K. For further details go to: www.footballfoundation.org.uk/funding-schemes/premier-league-

the-fa-facilities-fund/

Ringrose Law — ‘A Grand Idea’ provides grants of £1000 each to 6 local community volunteer

groups, sports clubs or charities per year. Previous recipients include Branston village skate park. For

further information go to: www.ringroselaw.co.uk/grand-idea

Building Connections Fund On 18 June 2018, the Prime Minister announced that “charities and community groups will get £20

million of new funding to help isolated people and those suffering from loneliness”. The funding will go

to support and expend programmes that bring people together and are proving to benefit

communities. This includes a new £11 million ‘Building Connections Fund’ that will be distributed to

successful applicants that can help bring communities together. This will help make the most of local

spaces, opening them up for community use, as well as help business and local services combat

isolation. It will also fund projects that use technology to link those in remote areas and help improve

transport connections to make fact-to-face contact easier. Funding applications opened in July 2018

with grants available until December 2020. https://www.gov.uk/government/news/20-million-

investment-to-help-tackle-loneliness

Centenary Fields Fields in Trust are engaging landowners across the UK encouraging them to dedicate land to honour the memory of the millions of people who lost their lives in World War I. A centenary field must have a significant link to world war I and used principally for outdoor recreation, accessible to the public, af-fordable for the local community. Deadline - 11 November 2018

For further details contact:

Jamie Leeson, Development Manager

Tel: 020 7427 2124 or go to: http://www.fieldsintrust.org.

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TRAINING

16

LALC TRAINING – 2018 VENUE DATE TIME

NEW COUNCILLOR TRAINING

An introductory session for new councillors explaining the role of local council, powers and duties, policies and procedures or a refresher for more experienced

councillors

Fosdyke Village Hall Old Main Road

Fosdyke Boston PE20 2BU

Weds 3rd Oct

18.30 – 21.00

IT SKILLS - BASIC EXCEL 2010 Basic Microsoft Excel 2010 - A full day workshop

Tutored by John Ritchie BEM

LALC Office Dunholme Old School 8 Market Rasen Road Dunholme LN2 3QR

Thursday 11th Oct

10.00 –16.00

COUNCIL FINANCES & BUDGETS Dealing with day to day aspects of keeping the book, effective budgeting, finan-

cial risk assessment & an explanation of internal and external audit requirements

LALC Office Dunholme Old School 8 Market Rasen Road Dunholme LN2 3QR

Thursday 1st Nov

18.30 – 21.00

CILCA x 2 DAY COURSE A two day training course for anyone who wishes to obtain their

Certificate in Local Council Administration

LALC Office Dunholme Old School 8 Market Rasen Road Dunholme LN2 3QR

Weds 7th & 21st Nov

09.30 – 16.30

COUNCILLORS’ TRAINING DAY In-depth all day course for councillors covering such topics as powers & duties, policy & procedure, financial management, employment, meeting procedures &

planning

LALC Office Dunholme Old School 8 Market Rasen Road Dunholme LN2 3QR

Thursday 8th Nov

10.00 – 16.00

AGENDAS / NOTETAKING/ MINUTES Hear how to create a good agenda, take notes effectively

and produce clear and concise minutes

LALC Office Dunholme Old School 8 Market Rasen Road Dunholme LN2 3QR

Tuesday 13th Nov

18.30 – 21.00

IT SKILLS - BEYOND THE BASIC EXCEL 2010 Beyond the Basic Microsoft Excel 2010 - A full day workshop

Tutored by John Ritchie BEM Please note: Delegates should ideally attend the init ial session (Basic Ex-

cel) before attending this session

LALC Office Dunholme Old School 8 Market Rasen Road

Dunholme LN2 3QR

Thursday 15th Nov

10.00 – 16.00

NEW CLERKS DAY For new clerks or those that have become a clerk in the last two years

An opportunity to learn or build on the basics

Branston Village Hall Lincoln Rd, Branston LN4 1NS

Weds 28th Nov

10.00 – 16.00

Annual Training Scheme - runs from April to March each year and a subscription fee is payable, in addition to the LALC

membership fee. As members of the training scheme - councils can book any number of training sessions for their Coun-

cillors and Clerk(s), at no further cost, other than for the provision of lunch, where applicable. CILCA training is not includ-

ed in the annual training scheme.

Non Members – councils that do not subscribe to the Annual Training Scheme will be charged the following rates per

training delegate:

* £12 per delegate for any morning/afternoon/evening session (incl. refreshments);

* £27.50 per delegate for an all day event (incl. lunch & refreshments).

Bookings - should be made via the Clerk using the online booking form located on the LALC website under the Training

Tab. Having difficulties? Please contact Lindsey.

Refreshments - light refreshments e.g. tea/coffee are provided and member Councils will be invoiced £8.50 per delegate

to cover lunch costs for full day events.

Special Dietary Requirements – the Clerk should advise us, as soon as possible if a delegate is attending an all day event

and has any special dietary requirements.

Cancellations Policy - please ensure that we receive:

* For part day courses - cancellation at least 24 hours in advance, at this office;

* For full day events - at least 5 working days cancellation notice. This is because we need to pre-order and pay for

CILCA AWARDS

LALC are delighted to report that Nicola Marshall from Market Rasen Town Council and Wendy Skelton from Heighington

Parish Council have both passed their CILCA. Congratulations & Well Done Nicola and Wendy - from all of the team.

CILCA Training - a foundation qualification at NVQ level 3 or BTEC National and is suitable for all officers working with local

councils; although Councillors and officers of advisory bodies have the qualification. CILCA consists of five units with

between 3 to 9 learning outcomes in each. Candidates need to demonstrate that they meet the assessment criteria to

an expected standard and this is evidenced by way of a portfolio for submission and assessment by SLCC. However,

candidates can also access ongoing support, from a nominated LALC mentor, for a period of 6 months, following

attendance at the CILCA training days.