Online - Committees Stage 2

The Localism Act 2011 promised local authorities new freedoms and greater flexibility to act in the best interests of their area including three permitted forms of governance, the general power of competence, and simplified ethical arrangements for members. It also introduced new rights and powers for local communities. Yet despite these freedoms, councils must still exercise powers properly and for proper purposes, take relevant considerations into account- and nothing irrelevant- follow procedural requirements, and demonstrate fairness when exercising discretion. Public law principles apply and local authorities must act lawfully, rationally and fairly, and compatibly with the human rights of those affected by their decisions.

The course will deliver both legal and practical knowledge and skills in key aspects of law and procedure illustrated by reference to statute and case law. It will build on the Committees Basic Survival Guide course by taking some of the contents of that course to a more advanced level, and by using practical exercises with which attendees will be encouraged to engage. Participants can expect to broaden their knowledge and understanding of the law and practice of meetings; gain a better understanding of the legal and political context of their role; explore some of the practical issues which may cause difficulties when advising members in meetings; and share good practice with colleagues from other local authorities operating different executive arrangements and committee systems.

Sessions will include:

• Practical problems in managing meetings: a case study.

• Local authority powers and duties, and illegality; public law principles including the rules of natural justice, bias and predetermination, legitimate expectation and the duty to consult.

• Executive and Council explained: the legal separation between the two.

• Members’ access to information and meetings: their statutory rights and the ‘need to know’.

• The Code of Conduct

This course is aimed at lawyers and democratic services officers who have already grasped the basics, and are keen to stretch themselves, move up a gear and improve their effectiveness in what can sometimes be a challenging working environment.