The JPC strive to act responsibly in matters of public wellbeing and safety and this entails setting down coherent rules for managment and behaviour. Local governance agencies update national trends regularly which quickly renders many of our policies to be ‘in arrears’ so, the following policies are always under review and all will be updated as soon as convenient.
JPC-FINANCIAL REGULATIONS-10010
JPC-COMPLAINTS PROCEDURE-10015
INSURANCE UNDERWRITING:
EMPLOYERS LIABILITY [2024-2025]
CERTIFICATE – PUBLIC LIABILITY [2024-2025]
RATIONALE
Under the Local Government Act 1972 (a key piece of legislation governing local authorities in England and Wales), council members generally are not personally liable for costs or claims arising from damage to buildings or people in the course of their official duties, provided they are acting within the scope of their authority and in good faith.
Key Points:
- Corporate Body: Local councils are corporate bodies, meaning they have a legal identity separate from their individual members. Therefore, any legal action for damages would typically be taken against the council as an entity, not against individual councillors.
- Indemnity: Councillors are usually indemnified by their councils against legal costs and claims, as long as they are performing their duties in good faith and within the limits of their powers. This means that if a councillor is sued for something they did as part of their official role, the council may cover the costs of defending the claim and any damages awarded.
- Misfeasance or Bad Faith: Councillors could potentially be held personally liable if they act outside their powers (ultra vires) or in bad faith (e.g., deliberate wrongdoing or gross negligence). In such cases, indemnity by the council may not apply.
- Insurance: Many councils have insurance policies to cover such risks, protecting both the council and its members from claims arising from accidents, damage, or other liabilities.
In summary, council members acting within their role and in good faith are generally protected from personal liability under the Local Government Act 1972. However, acting outside of their authority or in bad faith could expose them to personal liability.
ANY ISSUES ARISING WHICH MAY CREATE A NEED FOR CLAIMS MADE ON BEAUDESERT & HENLEY JPC AS COMPENSATION FOR DAMAGE AND/OR LOSS MUST BE DIRECTED TO THE CLERK
clerk@henley-in-arden-pc.gov.uk
JPC PLANNING & DEVELOPMENT COMMITTEE ToR 2024