A parish council is a civil local authority found in England, which is the lowest tier of local government. Parish councils are elected corporate bodies, with variable tax raising powers, and they carry out beneficial public activities in geographical areas known as civil parishes. There are about 10,480 parish and town councils in England. Parish councils may be known by different styles, they may resolve to call themselves a town council, village council, community council, neighbourhood council, or if the parish has city status, it may call itself a city council. However their powers and duties are the same whatever name they carry.Local Government and Public Involvement in Health Act 2007
Parish councils receive the majority of their funding by levying a precept upon the council tax paid by the residents of the parish (or parishes) covered by the council. In 2021-22 the amount raised by precept was £616 million.NALC report - Briefing analysis of council tax levels of local precepting authorities. Pub NALC, May 2021 Other funding may be obtained by local fund-raising or grants for specific activities. They can vary enormously in size, activities and circumstances; representing populations ranging from fewer than 100 (small rural hamlets) to up to 130,000 (Northampton Town Council). Most of them are small: around 80% represent populations of less than 2,500; Parish councils are made up of unpaid councillors who are elected to serve for four years: there are about 70,000 parish councillors country-wide.
Not every civil parish has a parish council. Smaller ones, typically those with fewer than 150 electors, often have parish meetings instead, which can fulfil many of the functions of a parish council. Alternatively, parishes with small populations may be grouped together with one or more neighbouring parishes under a single grouped parish council.
Civil parish councils were formed in England under the reforming Local Government Act 1894 (56 & 57 Vict. c. 73) to take over local oversight of civic duties in rural towns and villages from the vestry committee. Parish councils are generically referred to as "local councils" to distinguish them from "principal councils" (e.g. district councils, county councils, unitary authorities or London borough councils) and most are affiliated via County Associations to the National Association of Local Councils (NALC), which represents their interests at a national level.NALC home page on website
Polls under parish councils and parish meetings are governed by the Parish and Community Meetings (Polls) Rules 1987 (SI 1987/1).
Powers and duties
Their activities fall into three main categories: representing the local community, delivering services to meet local needs, and improving quality of life and community well being.NALC Website October 2014
Parish councils have the power to tax their residents to support their operations and to carry out local projects, and this is done through the council tax system. Although there is no limit to the amount that can be raised, the money can only be raised for a limited number of purposes, listed below, as defined in the 1894 Act and subsequent legislation. Compared to higher tiers of English local government, parish councils have very few statutory duties (i.e. things they are required to do by law) but have a much more extensive range of discretionary powers which they may exercise voluntarily. For this reason, there are large variations in the activities of parish councils, depending on their size, resources and abilities. The "General Power of Competence" is a power awarded in 2012 to eligible councils, which further broadens the scope of activities that councils can be involved in.
Duty to provide facilities
Duty to consider providing allotment gardens if demand unsatisfied.Smallholdings and Allotments Act 1908, s.23
Powers to provide facilities Parish councils may exercise powers to provide, maintain and manage certain facilities. There are large variations in the facilities provided by parish councils, but they can include any of the following:
Buildings for community use, such as village halls, town halls or community centres Recreational facilities such as parks, playgrounds, playing fields and swimming baths Cemeteries and crematoria Litter bins Public seats Public toilets Public clocks Cycle and motorcycle parking Maintenance of rights of way Guardianship of common land (such as village greens) Maintenance of war memorials
They may also provide the following, subject to the consent of the county council, unitary authority or London borough council of the area in which they lie:
Bus shelters Lighting of roads and public places Off-street car parks Certain traffic signs and other public notices Provision, maintenance and protection of roadside verges Establishment or acquisition of markets, and provision of market places and market buildings
Consultative powers Parish councils have the statutory right to be consulted by the local district, borough, county council or unitary authority on:
All planning applications in their areas Intention to provide a burial ground in the parish Proposals to carry out sewerage works Footpath and bridleway (more generally, 'rights of way') surveys Intention to make byelaws in relation to hackney carriages, music and dancing, promenades, sea shore and street naming The appointment of governors of primary schools
Miscellaneous powers Parish councils may also exercise the following powers:
Sponsoring public events Support of the arts and provision of entertainment Encouragement of tourism Providing grants to local voluntary organisations Funding crime prevention measures Providing grants for bus services, and funding community transport schemes Contribution of money towards traffic calming schemes Cleaning and drainage of ponds, watercourses and ditches Power to obtain water from any well, spring or stream Creation of a neighbourhood plan Power to acquire or dispose of land Withholding of consent to stop up unclassified highways and footpaths Appointing trustees of local charities Power to make byelaws in regard to pleasure grounds, cycle parks, baths and washhouses, open spaces and burial grounds, and mortuaries and post-mortem rooms. Under the Environment Act 2021, public authorities (including town and parish councils) operating in England must consider what they can do to conserve and enhance biodiversity.
General power of competence Under the Localism Act 2011 eligible parish councils can be granted a "general power of competence" (GPC) which allows them within certain limits the freedom to do anything an individual can do provided it is not prohibited by other legislation, as opposed to being limited to the powers explicitly granted to them by law. To be eligible for this a parish council must meet certain conditions, such as at least two-thirds of the councillors being elected as opposed to being co-opted or appointed, and having a clerk with suitable qualifications. However, such activities cannot use precept funding, and specific funding must be obtained from other sources.Local Government Association - "The General Power of Competence - Empowering councils to make a difference" L13-563 Jul 2013
In principle the GPC can allow councils to engage in a range of activities such as setting up a trading company or co-operative to operate commercial activities, such as lending or investing money, or running a local shop, post office or energy company. Or allow it to contribute towards the provision of a service by another authority.
Meetings
The central function of the council, the making of local decisions and policy relevant to the public interest of the parish, is performed at the meetings of the council. A parish council must hold an annual meeting and at least three other meetings in a year; however, monthly meetings are the most common, and some larger councils have fortnightly meetings. An extraordinary meeting may be called at any time by the chairman or members, but due notice must be given.
A parish council consists of no fewer than five elected parish councillors,Local Government Act 1972 section 16 including the chairman,Local Government Act 1972 section 15 and a quorum of the main council committee is at least one-third of the members, or three members, whichever is the greater. Every meeting is open to the public, who are encouraged to attend, except for those items where the council formally resolves to exclude the public and press on the grounds that publicity would be prejudicial to the public interest. This would have to be due to the confidential nature of the business. This latter also applies to any subcommittee of the parish council.
A council can form committees with delegated powers for specific purposes; however these must adhere to the protocols for public attendance, minute-taking and notice of meetings that apply to the full council. A committee may form sub-committees. A council can also appoint advisory groups which are exempt from these constraints to give flexibility, but these have no delegated powers and cannot make financial decisions. Such groups may contain members who are not councillors.
Public notice of meetings of the council and its committees must be given at least three clear days(LGA 1972 Part 2s10(2)). Legal definition of three clear days. The day on which the notice was issued or posted, the day of the meeting, a Sunday, a day of the Christmas break or a bank holiday or a day appointed for public thanks giving or mourning shall not count towards the three clear days. before and be displayed in a "noticeable place" in the parish, giving time, date and venue. A summons to attend the meeting is also issued, specifying the agenda, to every member of the council. Items not on the agenda cannot be formally debated or resolved. Items brought up by the attendance of the general public or in correspondence can be discussed,sect 12 Local Government Act 1972 but formal resolutions on these must be deferred if they are not covered by the existing agenda to the next meeting so that due notice can be given.(Longfield Parish Council v Wright). A council must specify on such notice all items of business proposed to be transacted at the meeting; a council cannot lawfully decide any matter which is not specified in the summons (Agenda). It is common practice to have a "public participation" item at the beginning of the agenda so that the public knows the time when this will occur.
The minutes of the meeting are taken by the clerk, and are ratified at the next meeting of the council. They must also be displayed in a noticeable place in the parish, and for many councils, they are now also displayed on the Internet.
Procedures for the conduct of meetings are set out in schedule 12 of the Local Government Act 1972, and where this is not overridden by legislation, by the standing orders of the council. Most adopt the National Association of Local Councils (NALC) model standing orders.
Councillors are expected to adhere to the "Nolan principles" of conduct in public life.Leopold, Patricia (2004). "Standards of Conduct in Public Life". In Jowell, Jeffrey; Oliver, Dawn. The Changing Constitution (5 ed.). Oxford University Press. .
Administration The administration of the council is managed by its clerk, a paid employee appointed by the council, who acts in a combined statutory role of Proper Officer (secretary or chief executive) and Responsible Financial Officer (treasurer). They may be full-time or part-time, depending on the amount of council business, and large parish councils may require more than one official for these tasks, in which case they are a group led by the clerk.