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Public Question Time - Closed Questions

Responses to public questions presented at meetings of Crediton Town Council.

Meeting & Date: Question: Response: Latest update & date:
Full Council
23 April 2024

Does the Town Clerk really believe that the town Councils such a large business/organization
that cannot manage its own HR and H&S support? 

CTC has responsibilities that match that of larger principal authorities such as Mid Devon District Council. Contracted support to ensure that the CTC is compliant is being investigated, to provide support and detailed knowledge. The day to day responsibility of individual staff and events will remain that of CTC and we know that the legal obligations are for CTC to fulfil - the use of third parties who are skilled in their field will provide the additional support as mentioned above.

The investigation and potential procurement of such services is considered to be both prudent and pragmatic - CTC is not a large organisation, but covers and provides a wide range of services and therefore responsibilities. It certainly would not be able to justify employing a GDPR professional, a HR professional or a H&S professional, no more than it should be expected to have detailed knowledge of such topics. We already have a legal firm on a retainer to assist with ad hoc legal queries that arise.

Update 5 August 2024:

Topic deemed “closed”, at present but will continue to be monitored for an appropriate solution that provides the “insurance” for the council at an acceptable cost.
Full Council
23 April 2024
What would she like included in an "Employee handbook"?

Internal organisation structure, responsibilities of employer, responsibilities of employees, arrangements for areas of responsibility (for example, COSHH, hazards, DSE – not exhaustive).

Update 5 August 2024:

Topic deemed “closed”, at present but will continue to be monitored for an appropriate solution that provides the “insurance” for the council at an acceptable cost.
Full Council
23 April 2024
What sort of risk assessments, policies does she need? 

Policies, risk assessments and action plans to ensure events and day to day management of council services are required to ensure legal compliance and to maintain the safety of the public, staff and members of the council.

Update 5 August 2024:

Topic deemed “closed”, at present but will continue to be monitored for an appropriate solution that provides the “insurance” for the council at an acceptable cost.
Full Council
23 April 2024

As a Health and Safety professional myself, I would question the need for the proposed, outsourced H&S responsibilities. The Town Council is not a high risk area, there are no high risk activities carried out, there is nothing that would require more than common sense. 

 Could the Town Clerk please explain what she foresees the H&S support to be used for amounting to the an annual cost of over £1000+VAT? 

The services provided would incorporate annual compliance visits, reviews of all areas of council services including buildings, event management and managed open spaces together with additional advice on actions for improvement where necessary, bespoke policies, tailored online software to manage documents and 24-hour support if issues arise.

Update 5 August 2024:

Topic deemed “closed”, at present but will continue to be monitored for an appropriate solution that provides the “insurance” for the council at an acceptable cost.
Full Council
23 April 2024
Can the Town Clerk explain how she sees the above to be relevant to the Council`s staff? How often do dismissals, disciplinary procedures, capability or performance issues arise? What staff are/were TUPE`d? How does she foresee the creation of employee handbooks? What makes this necessary?

CTC has a responsibility to its staff, as do all employers. There are various options available to provide information to staff, and a handbook is one of them: a relatively cost effective, straightforward process to create and maintain. Having a handbook would ensure all required documentation is in one place for staff, and updated as required. Other options could include a portal solution but given the number of staff involved this was discounted given the cost and overheads.

 I am unable to comment on the other issues as they relate to individuals, as do the other topics mentioned above.

Update 5 August 2024:

Topic deemed “closed”, at present but will continue to be monitored for an appropriate solution that provides the “insurance” for the council at an acceptable cost.
Full Council
23 April 2024

Could the Town Clerk explain what she means by "additional work"? 

Surely, the proposed outsourcing of responsibilities, as detailed in Section 3.2 are mostly not relevant for the small number of employees? Surely we are not talking about a large workforce that needs to be managed?

  "The outsourcing responsibilities of HR would include: 

- all aspects of employment law and HR compliance including dismissals, disciplinary/grievance issues, discrimination issues, capability and performance issues, TUPE transfers, restricting and redundancies, strategic challenges, sickness/absence/maternity/paternity and time off work, terms and conditions of employment 

- Green Book knowledge and support 

- Creation of Employee Handbooks"  

Examples of additional work has included areas such as:  new contracts and ensuring all new legislation is incorporated into documentation, all work associated with consultation on updated work conditions etc, calculating and managing annual leave, and managing absences.

The use of the word "outsourcing" in the draft report will be amended when the outstanding information has been received and the final report produced. CTC have recently been dealing with queries relating to GDPR (General Data Protection Regulations) and recognise that whilst there is knowledge within the staff, they cannot be experts in all fields and therefore appropriate expertise needs to be brought in/made available. As a result CTC are looking at other areas of legislation they need to comply with, and hence the prudent approach in investigating options.

Update 5 August 2024:

Topic deemed “closed”, at present but will continue to be monitored for an appropriate solution that provides the “insurance” for the council at an acceptable cost.
Full Council
23 April 2024

According to the Council`s own website, the Council currently employs 5 people, not 12. see https://www.crediton.gov.uk/Your-Council/Staff 

One of these 5 people is the Town Clerk herself.

Could the Town Clerk detail whether the stated 2023 figure is correct and/or the website is correct? Who are the 12 members of staff she refers to?

Both the stated figure in the report, and the website are correct. Crediton Town Council (CTC) has 12 members of staff - there are five members of staff with short biographies shown on the webpage you quoted together with a link to the current staff structure. The Youth Services staff are detailed in the "Youth Work" section of the website Meet the Team (crediton.gov.uk) which is in the process of being updated due to recent changes, as mentioned on the page. 

Update 5 August 2024:

Topic deemed “closed”.
Full Council
19 March 2024
Could the council kindly clarify the thinking behind the terminology used and historic references to the Big Boniface Bash, Saxon Fayre, beer tent and Devonshire silliness? 

The event is being designed as a fun filled day, aiming to provide a wide variety of activities, food and drink to encourage as many residents and visitors as possible. There is, through necessity some poetic license with the terminology but the overarching outcome is to deliver a day that as many as possible can turn up and enjoy. There is no intention to project either Kirtonians or Devonians in a derogatory manner – it is a celebration for all to enjoy and have fun!

Update 5 August 2024:

Topic deemed “closed”. Look forward to another excellent day in 2024!
Full Council
19 March 2024
Please could have an update on a) the progress of a new bus stop (towards town) at Redlands Surgery, b) a covenant over Newcombes Meadow, c) street lights permanently lit at Thurlow Close (off Threshers).

These are matters which need to be raised with the appropriate councillors.

Update 5 August 2024:

Topic deemed “closed”.
Full Council
19 March 2024
What arrangements does the council have in place to keep the tables and seating on The Square clean and hygienic through the summer months? Can the town council confirm that Turning Tides remain under contract to keep the Town Square and surrounding areas in excellent condition? Turning Tides will continue to provide their services, part of which involves tending to some of the needs of the Town Square. With the support of the public and local businesses we are confident that the Town Square will be well used again this summer.

Update 5 August 2024:

Topic deemed “closed”.
Full Council
19 March 2024

Does the town council consider that drug-dealing is now out of control in a number of public areas in Crediton? What is its strategic approach to reducing this activity, in particular with a view to removing drug-dealing and other anti-social behaviour from Newcombes Meadow and around the train station? How is the Community Youth officer addressing anti-social behaviour and exploitation of young and/or vulnerable people where they are involved?

The council is committed to making Crediton a safe environment for both its residents to live in and to provide a pleasant experience for visitors. The solution to such issues as mentioned is not something that can be achieved by one individual, organisation or agency which is why the council is working with others  to determine the most appropriate solution.

Update 5 August 2024:

Topic deemed “closed” as the issue will not simply cease to exist. As previously explained this requires the skills and expertise of multiple agencies – we request that all witnessed incidents are reported to the police.
Full Council
19 March 2024

Why are meetings still held in Old Landscore School when councillors, staff and members of the public have had to shiver at far below recommended working temperatures all through the winter, and when it would be more convenient and less expensive (eg: heating, staff travel etc) to use the Library? Why the continual resistance to change and improvement?

The council continually look at possible alternative venues and meeting options, but are also conscious of the use of public funds for the hire of external venues.

Update 5 August 2024:

Topic deemed “closed”, but the topic remains under review.
Full Council
19 March 2024
Why has the arrangement of the room for public meetings reverted to the ‘us-and-them’ setting which members of the public and some councillors clearly said they were unhappy with. Are you going to ignore these concerns?

The town council is committed to improving the room and streaming experience for both members of the council and the public, and is keeping arrangements under constant review.

Update 5 August 2024:

Topic deemed “closed”.

Full Council
19 March 2024

It is understand that Cllr Huxtable is willing to be proposed as the next town council Chair when Liz stands down this Spring. Are there one (or more) other councillors who would wish to be considered for the role – in which case please would they identify themselves so we can ask them what they would like to achieve if elected? There is a recognised process that the council follows where councillors can offer themselves for nomination, or indeed can be nominated at the meeting of the Town Council in May. The interested councillor(s) will not be required to publish or share a manifesto as such – the direction of the council over the coming years is determined by the approved Strategic Plan.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024
Turning to subject of Public Question Time, whilst CTC may like to say that members of the council are always willing to discuss topics put forward by the public, it doesn’t always feel like that.  Irrespective of whether I put in a question a day or even a week before, there is often very little discussion about the matters I raise even between councillors let alone with me.  I rarely get an immediate response and even more rarely a chance to reply.  For example, I am still waiting for answers to questions raised at the Full Town Council meeting of Jan 16th.  However, I do understand that Public Question Time may not be the best way for me to raise my concerns over certain issues such as GDPR and so to that end can I ask the Chair or any other councillor to commit to spending some time with me, perhaps over a coffee, to run through my concerns and agree of way forward?

Both Rachel Backhouse and I have confirmed that they will meet and discuss your concerns, and hopefully agree a way forward, and would welcome this, especially given the response now received from the ICO and our desire to minimise data held. There may be a delay in organising this due to work commitments, but if you could provide us with a list of dates and times that are currently suitable for you we will work to find a time that works for all three of us?

Update 5 August 2024:

Topic deemed “closed”. Some amendments in this regard have recently been approved to the Standing Orders.
Council Affairs & Finance 
12 March 2024
At the last Full Town Council meeting it was agreed to have an item added to this agenda to discuss holding a GDPR workshop where both councillors and members of the public could attend.  I see no such item. Where is it?

As mentioned above we are still awaiting a quote for GDPR related issues - this would include training for councillors. If we do not receive another quotation by the end of the month we will work with the company that provided their quote and will be seeking references from local councils that currently make use of their services. It is unlikely that there will be scope to entertain the possibility of members of the public at such councillor and staff training.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024
Turning to the GDPR Alleged Breach Report, it states that a concern was raised by a member of the public in November 2019.  Don’t do yourself down guys, it has only been 5 months since I first raised the issue, not 5 years!  You may wish to amend this. Noted.

Update 5 August 2024:

 

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024
Largely due to the limitations of public question time, there has been some misunderstanding as to whether the potential GDPR breach was down to a Horizon style technical issue or not.  To be clear, I do not believe that is the case.  The breach is purely down to a conscious decision by the Town Clerk to include the publication of the monthly cashbook in its entirety in the meeting agendas from November ’23 onwards, rather than as an anonymised summary available from the website as it was before.  Can the Town Clerk please confirm that monthly cashbooks have only been published in this format since that date and that this coincides with the introduction of the new software to ease the creation of agendas?

The Agenda Packs were issued from November 2023 but this did not coincide with the introduction of the new software used to create agendas.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024

The Town Clerk has stated in her written responses that she needs to publish people’s personal information to comply with the law.

If that is the case, why is it that no other local council does the same? Sorry but we would not know the answer to this question. I have checked Tiverton, Exeter, Cullompton, Plymouth and Exeter to name but a few and they do not publish this information in the same way.  Is the Town Clerk suggesting that they not complying with the law?

Furthermore, CTC itself prior to November 2023 didn’t publish the entire monthly cashbook, but rather a summary of payments and receipts which did not disclose personal information.  Is the Town Clerk suggesting that CTC was not acting in accordance with the law until that point?

Finally, imagine a situation where a council had not only allotments but also housing stock.  Would the Town Clerk still think it lawful to publish surnames alongside a housing identifier and amounts paid?

Please see the attached guidance from the ICO for data sharing in local councils, particularly sections 3 & 4, where I believe CTC is failing.  

 

Let us be clear on this - the Town Clerk is an employee of Crediton Town Council and both the questions raised and the responses below should be taken as addressed to me as the Chair.

No.

 

 

No.

 

We see no value in speculating, but the simple answer is that we would provide data that was open and transparent, but not so detailed as to create an issue for any individual(s) - all complying with our legal obligations.


Whilst not a question we thank you for providing this - we will await the opinion of the ICO.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024
Regarding the amended minutes of the meeting held on the 12th December 2023, I see that my previous suggestion has not been accepted and that the Town Clerk has already amended the draft minutes of that meeting as if everything was in order from the start and no amendments were required.  Fortunately, I have a copy of the original draft minutes and can see the glaring difference in what was said and what was minuted.  Anyone looking now would think everything had been done correctly and “by the book” when that clearly wasn’t the case.  In the interest of transparency can the original wildly inaccurate text be recorded somewhere and what it was subsequently changed to?

Thank you for your thoughts - for transparency the Town Clerk was acting on my proposal to amend the minutes in line with words used in the meeting - this was circulated to members and agreed as suitable. There are only one set of minutes required and they are the minutes approved - any and all versions which were not approved are not required to be kept/maintained. However, agenda packs are kept as a record on our website (although not indefinitely), and the draft minutes are in those packs.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024

a) Timing of questions: how do you think the community feels about members of the public being timed with a stop-watch when attempting to bring relevant local topics to the attention of the town council?!

Does the council agree that relevant questions should be permitted to exceed a 3-minute limit, especially when a total of 30 minutes is allocated?

b) at 5, questions “must not include statements or opinions”  Are you sure this has been well thought-out? Firstly, what is meant by a ‘statement’? Is something a statement, for example, if the first part of a question is sub-divided by a colon? – or only if there is a full-stop? In the case of a spoken question, how will it be clear whether a colon or a full-stop was intended by the questioner?

c) at 5 also, please can the council clarify what the difference is between a ‘statement’ and an ‘opinion’?

d) at 2, it says: “No discussion shall take place on any question put”. Are you sure this does not infringe the rights of our elected councillors to speak up on behalf of residents and the electorate?  

a) The topic of public question time was discussed at Full Council and the matter passed to the Council Affairs and Finance Committee whose remit will be to provide councillors and residents a framework which could then enable the council to respond to questions at the meeting itself. The use of a device such as a clock, watch or stop watch are all obvious methods of monitoring time taken as it is all too easy to become absorbed in the questions being asked and time simply passing by.  Public question time is not the appropriate occasion for raising local topics.  It is the occasion for asking questions about items on the agenda (please see current Standing Orders on our website). For this, three minutes is considered adequate.  The recently adopted Communications Strategy recommends creating opportunities for members of the public to bring relevant local topics to the attention of councillors and to discuss them without time limits.  This is a welcome suggestion which the council will put into practice.

No

b) This is now being considered by the Council Affairs and Finance Committee to remove ambiguity with regards to Public Question Time.

c) This is now being considered by the Council Affairs and Finance Committee to remove ambiguity with regards to Public Question Time.

d) The council regularly reviews its policies and procedures.  Thank you for your comments.  In the meantime, please refer to current SOs for guidance on meeting procedures and public question time.

Update 5 August 2024:

Topic deemed “closed”. Some amendments in this regard have recently been approved to the Standing Orders.
Council Affairs & Finance 
12 March 2024
Rumours abound that the town council is considering relocating its offices: can the town council confirm or deny these rumours and, if true, say how much staff time and cost is being allocated to this? There should be no surprise that the council continues to look for a suitable long term office. The council have been earmarking funds for several years to help make this a reality when the time is right and an appropriate location is identified.

Update 5 August 2024:

 

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024
Does the town council agree with the sentiment expressed by Cllr Backhouse (at last week’s Council Affairs & Finance Committee) that the £2K report commissioned is “a load of b*******”?

Following a discussion of the document, the Communications Strategy has been adopted by Full Council. 

Update 5 August 2024:

 

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024
At 2, why does the report persist in referring to the Taskforce as a Sub-Committee of the town council, when the clearly-expressed view of the last meeting that discussed the matter, and the essential intention is that it should be perceived as a voluntary 3-way partnership, run by individual people - between residents, the voluntary sector and the town council – in which the council’s role is to approve and endorse the initiative and to provide logistical (ie: staff) support, but NOT to take ownership or responsibility for the delivery of the initiative?  This matter was discussed at Full Council and will be discussed further back at Committee given the concerns you raised.

Update 5 August 2024:

 

Topic deemed “closed”.
Council Affairs & Finance 
12 March 2024
Given that Holy Cross church belongs to – indeed was sold to the people of Crediton in the 16th century – why is the town council, our official representative body, taking no interest in the deterioration of the Grade 1-listed church roof and its possible structural failure? The Holy Cross, our Parish Church is a treasured asset which has 12 governors whose duties today include insuring the church, ensuring the upkeep of the church and maintaining Holy Cross and its precincts. There is regular communication with the church on various topics and to date there have not been any requests for assistance from the governors.

Update 5 August 2024:

 

Topic deemed “closed”, but CTC remains committed to a working relationship with the Church Governors.
Council Affairs & Finance 
12 March 2024
What does the council feel about a fellow councillor elected last May who has attended next to no meetings, and has offered no opinion or view on any subject? All councillors of the current council have been elected to represent the interest of the whole town and those of their ward in particular.

As well as councillors all those elected are also human beings and as such have to deal with their own personal matters also. Clearly it would be beneficial to have a full complement of 12 councillors to share the workload and hopefully this will be the case in the near future. However, the attendance rule for local councillors is at least one meeting in every 6 month period. In addition, a councillor can request a 6 month period of absence for reasons such as a long-term illness or a change of circumstances which makes it difficult for the councillor to attend and which the council deems an acceptable reason.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
13 February 2024
I understand that allotment holders were emailed/written to on 20th November 2023 reminding them of the information contained within the town council’s Data Protection Privacy Policy but were they advised at that time of a possible breach of GDPR? We advised that ‘Our Privacy Policy highlights that we may use your data to undertake our services and comply with law. In the instance of allotments, your surname is used alongside your plot number to allocate your payment to your invoice for your annual allotment rent to ensure transparency for our accounting and auditing purposes. You can find a copy of our Privacy Policy or our website'.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
13 February 2024
Is the Council aware that even members of the Boniface Allotment Association Committee are advised not to disclose the names of allotment holders, let alone details of any payments made?

As councillors we were not aware, however officers work closely with the BAA and have regular discussions regarding both GDPR and other matters.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
13 February 2024
Could the Town Clerk please highlight the specific sections of the Council Data Protection Privacy Policy and/or General Privacy Notice that she believes allows the publication of allotment holders surnames and amounts paid? An example is the bullet "To enable us to meet all legal and statutory obligations and powers including any delegated functions" - and one of these is the obligations under the Local Audit and Accountability Act 2014 and the Accounts and Audit Regulations 2015. Under these there are requirements to be transparent with the public including a inspection period with accounts and supporting records being made available at reasonable times - what we are facilitating is this transparency throughout the year. In addition we are continuing to ascertain and implement best practices and as a result may revise reporting to maximise transparency whilst ensuring compliance with our legal and statutory obligations.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
13 February 2024
Drawing your attention to the Public Question Time section of the CTC website, I would like to point out that questions and answers arising from the meeting of the 10th January 2024, are incorrectly dated as 9th January 2024.  The meeting scheduled for the 9th January was of course cancelled.  Can this be corrected please? Many thanks for bringing this to our attention - now amended.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
13 February 2024
Drawing your attention to the minutes of the meeting held on the 10th January 2024, may I point out that, whilst the draft minutes are included in the agenda pack, they are not at the time of writing available for public scrutiny on the Council website.  To avoid confusion, can documents be made available at all locations prior to the meeting?

The draft minutes were added to the website the following day. Thank you for bringing it to our attention.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
13 February 2024
Drawing your attention to the amended minutes of the meeting held on the 12th December 2023, and without delving into why Cllr Backhouse’s comments were so wildly misrecorded in the first instance, I would like to point out that the amendment itself is still not quite correct.  Whilst I appreciate that the minutes are not verbatim, they should still accurately convey the essence of what was said.  Cllr Backhouse simply asked if the public were still able to see bank statements showing allotment holders surnames and amounts paid, so may I suggest the following as a more suitable amendment?

The recording of the meeting has been replayed and the minutes will be amended in line with the recording, for approval at the March meeting.

Cllr Backhouse asked if the public were still able to see bank statements showing allotment holders surnames and amounts paid further to the alleged breach of GPDR. The Town Clerk advised that process of the data remained unchanged, as she had received no advice on the contrary from the Information Commissioner Office.

(Note: This is an amendment to the draft minutes following a discrepancy being highlighted by a member of the public.)

Update 5 August 2024:

Topic deemed “closed”.

Council Affairs & Finance
13 February 2024

Links in the agenda pack are still not accessible by members of the public.  Can this be rectified or, if that is too difficult a task, can a note be added to each agenda pack to say that links are accessible only by councillors? Many thanks - we are working on removing the links to avoid the obvious frustration and confusion that this causes. Should a solution not become  available this month then it will be made clear that access is for councillors only.

Update 5 August 2024:

Topic deemed “closed”.
Community & Environment 
23 January 2024
Item 72 on the agenda “Climate Emergency” states “To note that decisions will be made with the climate emergency at the forefront of decision and policy making”.  This item appears on the majority of meeting minutes but seems to be little more than a tick box exercise.  If the Council are truly serious about this point, and in the hope of clawing back some kudos with Cllr Fawssett, would the Council consider having an item added to the end of each meeting to reflect upon how any decisions made actually reflect this goal? Members agreed at the meeting that the Council Affairs & Finance Committee could consider implementing an evaluation of how the Climate Emergency has been considered at the end of each agenda or whether climate emergency considerations should be highlighted during each agenda item. This has been included on the next Council Affairs & Finance Committee agenda, with the meeting taking place next Tuesday, 13 Feb 2024.

Update 5 August 2024:

Topic deemed “closed”.
Community & Environment 
23 January 2024
At the risk of incurring the wrath of Cllr Fawssett who has accused me of “prattling on” at the last Full Town Council meeting about the potential breach of GDPR which he sees as a mere “technical thing”, may I ask if the Council has informed the Boniface Allotments Association, or indeed any of the allotment tenants about that potential breach, or would they rather I did so?

All allotment holders were emailed/written to on 20 November 2023 reminding them of the information contained within the town council’s Data Protection Privacy Policy and how the town council stores and uses their information.

Update 5 August 2024:

Topic deemed “closed”.
Community & Environment 
23 January 2024
As a member of the public who regularly watches the recordings of various CTC meetings on Facebook, I can attest to the fact that the sound of the Town Clerk typing often obscures what is being said, either by councillors or members of the public.  Would the Council kindly consider placing the owl at such a distance from the Town Clerk as to make the noise from typing less intrusive?

The Deputy Clerk confirmed at the meeting that the owl had been moved further away and the sound quality would be assessed. We have reviewed the video, and the typing sound was still overbearing. We have received advice from our IT support as to how to adjust the sound settings on the Owl and will carry out a test video before the next meeting. If this is ineffective, we will source a Silent Wireless Keyboard which is said to reduce typing sound by 90%.

Update 5 August 2024:

Topic deemed “closed”.
Full Council
16 January 2024
If no written advice has been sought, then why not? A written response had been sought, and replies obtained, as documented above.

Update 5 August 2024:

Topic deemed “closed”.
Full Council
16 January 2024
If so, when can I expect an update? If so, when can I expect an update?

Update 5 August 2024:

Topic deemed “closed”.
Full Council 
16 January 2024
Has the Town Clerk sought any written advice on the matter from the ICO since the matter was highlighted?
  1. As mentioned in response to a question on 10 January it was agreed that the contents of the email received would be published and is as follows:

Thank you for your email of 10 January 2024.

Here are the main points discussed in our telephone call;

1. The definition of personal data is information that on its own or when used with other information reasonably available allows an individual to be identified.

2. Individuals should be provided with a privacy notice which includes information about the processing of their data and who the data would be shared with.

3. The privacy notice should identify the lawful basis being relied on to process personal data. Options could be contract, public task or legal obligation if other legislation or regulations required this processing to be done.

As explained I can’t give case specific advice and the decision regarding the complaint will be made when the complaint is investigated. The Town Council will be contacted once the case is allocated.

 

Further to the above, on 04 March 2024, further contact was made, and were advised on 07 March 2024 that there was nothing that could be added until allocated until the matter had been allocated.

We had a response to Mr Howell’s complaint on 15 March 2024:

Case Reference: IC-272159-C8G8 

Dear Rachel Avery, 

We are writing to you regarding a data protection complaint that was raised with us by Steve Howells. 

Mr Howells has written to us regarding concerns relating to the publishing of information by Crediton Town Council. Specifically, the complaint concerns the surnames of allotment holders being documented within a cashbook which was published on the Town Council's website.

We are aware that you have contacted our business advice services and you have been provided with some general guidance on the matter. 

We note that as you have stated, under the Local Audit and Accountability Act 2014 and The Accounts and Audit Regulations 2015 you have a legal obligation to publish a statement of accounts on your website. We also note that you have advised that since receipt of the initial email you have resent your privacy notice to all allotment holders and you have informed them that their surnames are visible in the Agenda pack on the website.

You may wish to consider updating your privacy policy to state that this information will be published on the website via the Agenda pack. Also we note that you have stated that you are reviewing the process to ascertain if the removal of the surnames would be possible without breaching other legal requirements under the acts mentioned above. We would advise that if you have found that it is possible to remove the surnames whilst still ensuring that you are complying with your legal obligations, then you should remove the surnames from the Agenda pack. 

We will keep a record of all the complaints raised with us about the way you process personal information. The information we gather from complaints may form the basis for action we may take in the future to ensure you meet your information rights obligations. 

Thank you for your assistance with this matter. If you have any questions regarding the above please do not hesitate to contact me. 

Yours sincerely,

Kelly Chung 
Case Officer 
Information Commissioner's Office

Update 5 August 2024:

Topic deemed “closed”.
Full Council 
16 January 2024
Have the full Town Council, ie. all councillors, explicitly been made aware of the detail behind the potential breach of GDPR I raised at the Council Affairs and Finance Committee meeting of 14th November 2023 other than via shortened minutes? No, however the full recording of the meeting is available to all members of the council as well as members of the public. At the moment, there is nothing to advise Full Council on, given it is a potential breach and no contact has been from the ICO at this time in response to your complaint. The minutes you refer to are more encompassing than the documented best practice and therefore do not consider them to be "shortened".

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
10 January 2024
Will the town council send its congratulations to Natalia Letch for spear-heading the formation of a new and independent strategic initiative, the Crediton Urban Taskforce [CUT!] - to be supported by up to £1,500 of town council funding - which aims to engage all sectors of the community in keeping the urban landscape free of weeds, dirt and debris, improving the condition of pavements, kerbs, roadsides, paths and other public spaces? The CUT initiative is an exciting initiative with several partners bringing their skills and energy to make it happen. The council is pleased to be part of this initiative with support from both councillors and staff.

Update 5 August 2024:

 

Topic deemed “closed”. The [CUT!] initiative has received warm responses and some participation with residents. That said we are working on addressing the needs of the team and the town on an ongoing basis.
Council Affairs & Finance
10 January 2024
Independents for Crediton also looked at this issue and proposed that this and future council administrations would benefit by having regular access to all households, including electors, residents, council tax-payers etc, via a new publication delivered quarterly to all properties in the town. Will the council agree that the first issue of Kirton Quarterly - to be published in mid-February - will provide an excellent opportunity for the Chair to use the space in this magazine that is allocated for Crediton Town Council News & Updates?

The council has discussed the Kirton Quarterly and as agreed by Full Council on 16 January 2024 will actively participate in providing the space allocated, and regularly review the content of the KQ and determine what can best be communicated by the different streams available.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
10 January 2024
In July 2023 the Town Clerk announced that she was going to 'brainstorm' with her colleagues the council's Communications Strategy. Please can the council say how the result of this exercise wil be felt by the community at large?  The results of the Communication Strategy are openly available together with the proposed action plan. This document and its contents have now been approved by both the Council Affairs and Finance Committee, and subsequently by Full Council on 16 January 2024. Prioritising of the actions and delivery against them will now be undertaken.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
10 January 2024

When will the website section detailing all questions and answers raised at committee meetings be up and running?

The section for Public Questions and their answers is available now, and can be found at Public Question Time (crediton.gov.uk) This section will be the area containing all public questions raised at/before meetings going forwards.

Update 5 August 2024:

Topic deemed “closed”.
Council Affairs & Finance
10 January 2024
Could a breakdown of the budget and precept be provided on your website and in the agenda pack in Excel format rather than a pdf? We have not attached files to the website historically, and even now it is suggested that an HTML format is used rather than file attachments. We will however consider this alongside other website enhancements.

Update 5 August 2024:

 

Topic deemed “closed”. We are continuing to work with our finance software developer to make more reports available to improve accessibility and transparency.
Council Affairs & Finance
10 January 2024
Would the Council consider setting a target for the precept at the start of the financial year and have that target discussed in detail at each full town council meeting? The process for setting the precept starts in the last third of the previous year, and is shared with councillors as the requirements become firmer, resulting in discussions at the Council Affairs and Finance Committee towards the end of the calendar year, and if required into the New Year, ready for approval by Full Council in time for the request to be submitted to Mid Devon for the precept for the coming year. Each meeting of the Council Affairs and Finance review the income and expenditure and would report any concern(s) to Full Council.

Update 5 August 2024:

 

Topic deemed “closed”.
Council Affairs & Finance
10 January 2024
Could the Town Clerk request the ICO to put the advice they gave to her in writing? The response from the ICO will be included in response to the question raised at Full Council on 16 January 2024. Until the matter has been reviewed by a Case Worker the ICO are not in a position to provide a definitive response, but the content of the email received will be published.

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

In the Draft Budget, Income, there is no mentioning of the money which CISCO paid for the room hire. I suppose other organisations, such Sustainable Crediton, pay some hire fees too, or only CISCO was charged?

CISCO was charged, and this has been included in “Other Income”, and so formed part of the income. Only income received has been included. 

Update 5 August 2024:

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

So, why this income is not shown in the Draft Budget? The ongoing income is not material or guaranteed and therefore prudently ignored. The renting of office space could be limited in the coming year. 

Update 5 August 2024:

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023 

Do the Youth Service's users pay any contribution to CTC? If so, why it is not reflected in the Income?

The youth service users do make contributions, but these are not only low, but is re-cycled providing, for examples materials - a net nil or close thereto. We could show them as income and expenditure but for the purposes of deciding the precept it is not going to make any impact. 

Update 5 August 2024:

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

I have found out that good accounting presumes regular review of the Earmarked reserves. How long ago were they reviewed?

Agreed. They were last formally reviewed when the council set and approved the budgets earlier this year. Steve and Rachel have started reviewing their need, purpose and appropriateness already for consideration of the Council Affairs and Finance meeting in January. 

Update 5 August 2024:

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

Do you think it's a right time to do it now to remove the old ones and merge the odd ones such as 4 different reserves for Foot paths? Yes, see above, and with regards to merging, it is a possibility, but the more important matter is why the Earmarked reserve is held, is it adequate, and indeed still required. 

Update 5 August 2024:

 

Topic deemed “closed”. These have now been merged following a review of the reason for their original creation.

Council Affairs & Finance
12 December 2023 

If you don't think it's a good idea to rearrange the reserves as described above, would you suggest that the reserves are reported using the same grouping as the Draft Budget , so we can see how each of the Budget headings is reserved?   Not sure what benefit this brings? The reserves are for the full council to draw on as required as approved at full council meetings. A rearranging of the order is clearly possible but are currently shown as recorded in Rialtis ( our accounting software ) and we would not be looking to make any changes to the system for this. That said, one to look into. 

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

Alternatively, can the Reserves be allocated to the Committees, so each Committee can see how much reserves they have in hand?

The reserves are always available for viewing, but should not necessarily be viewed as “allocated” to a particular committee. 

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023 

I have noticed that we have a new additional reserve named 'LA services' to take over the services possibly dropped by MDDC in future. It is proposed to be £30,000. At the same time we have other reserves which I would describe as Development reserves: Economic development, Localism, Project initiation Funds, etc. Together, if approved, they are going to reach £82,749 , some of them untouched for many years. What is the fundamental difference between Economic development and Project initiation Fund?

Economic development is earmarked for development of the local economy specifically, whereas the Project Initiation fund has a broader use, and is there to enable us to release funds to kick off any project. 

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

Localism is about local development too, isn't it? It could be. 

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023 

Why cannot they be used to reserve any unexpected future development or to fund unexpected new services without additional £30,000 put into reserves?

This is for a matter for full council to decide. If MDDC do decide to reduce or stop the services they are currently offering and have outlined and indeed it does cost £150k pa to maintain them, and council wish to continue with them, the council will need to find £150k annually, so what is currently being looked at starts to create a fund to enable the council to take on the services. This is both prudent and logical and something as a forward looking council we must consider. 

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

I appreciate that we are wise enough to keep good amount of reserves to secure our services from any unexpected events including a complete end of the precept payment in case MDDC goes bast. But would you agree that we need to set up the minimum and maximum level of total reserves as it is suggested by LGA to keep reasonable balance between services given and funds reserved?

The LGA can certainly have a view but the town council follows The Good Councillor's Guide To Finance And Transparency, produced by NALC (LGA covers local government like MDDC whereas Crediton is covered by NALC).  

The-Good-Councillors-Guide-to-Finance-and-Transparency-2018.pdf (devonalc.org.uk) 

In addition we follow the Model Financial Regulations for England and Wales. 

https://www.crediton.gov.uk/Portals/0/Financial%20Regs%20May%202023.pdf 

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023 

I have discovered that the total amount of General Reserves is calculated by adding non allocated General reserves to the earmarked ones. So, using this calculation in year 2024/25 we are going to consolidate £563,456.35 reserves which is more than our annual precept and more than the draft of the Annual Budget. Do you think we may reconsider our intention to reserve even higher additional amounts year after year? 

As a council we can set the budget to increase, decrease or stay the same. The council needs to be mindful of its future and what it is looking to achieve. As you are aware we are looking, in time, to buy our own office should a suitable option become available, and should that happen there is £105k in earmarked reserves created specifically for this purpose. If a purchase proceeds then immediately £105k is removed from our reserves.  Without this forward thinking and reserving there would be nothing there and so our ability to purchase a property would be severely limited. 

The above is an example of why we Earmark some reserves, compared to having General Reserves, the latter being to cover unexpended expenditure and the accepted reserve is 3-12 months running costs.

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

Following the figures shown above, would the Clerk and the councillors explore the option of increasing precepts in line of the current inflation figures, not higher?

Options are always considered by the Council Affairs and Finance Committee prior to being sent to Full Council for further discussion prior to voting.

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

GDPR breach - Looking at policies, it makes no mention of sharing people's personal information such as surnames. Minutes state concerns re amounts, but surnames. Confirmation from ICO requested. Can we please have a response regarding the matter?

We contacted the Information Commissioner’s Office (“ICO”) the morning after you raised the concern and discussed the matter with them by telephone. Based on that discussion we are continuing to operate as before. We are awaiting contact from the ICO following your complaint to them, and will cooperate with them fully, and should there be advice or recommendations made by the ICO we will look to implement as soon as practicably possible. 

Update 5 August 2024:

Topic deemed “closed”. Training organised for staff and councillors.

Council Affairs & Finance
12 December 2023

Given the serious nature of committee deciding precept, as a resident it feels underrepresented. Full council membership weren't aware of decisions being made. More reasonable to make the precept decision by Full Council?

We can confirm that the setting of the precept is certainly taken seriously by the Town Council, and so much so that the Council Affairs and Finance committee works with the Town Clerk to determine what is required on an annual basis, and the Full Council vote on recommendations made, following what is usually a discussion to clarify areas of concern. This means that ALL councillors are involved in the vote to determine the level of precept being requested. 

Given the precept for 2024-25 has yet to be determined we assume that your observation that you feel that full council membership weren't aware of the decisions being made relates to the setting of a prior year precept. As you are aware the current councillors were not necessarily councillors for the setting of previous precepts and as a result one where it is difficult to provide a specific response other than to advise that all councillors would have received all documentation at least three clear days before any meeting and therefore access to all materials which were to be discussed. The precept must be voted on at a meeting of Full Council, with all elected members able to discuss and subsequently vote, and that decision cannot be delegated to a committee of the council. 

Update 5 August 2024:

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

What leadership will the Chair of the Council Affairs & Finance give to the members of his committee regarding keeping the Precept from rising above the rate of inflation – particularly after last year’s hike of 17%?

Whether as a chair or individual councillor my view will be the same, and provide guidance and support and respond to queries from individual councillors or several councillors as required. I would like to have a precept that, as a minimum enables the council to operate over the course of the following year, but being mindful not only of the current economic and financial stresses many of us are facing, but of issues/needs that are also coming our way. Currently I am keen for the council to set the precept that is appropriate, and whilst it may not be what every council tax payer wants it will reflect their needs and concerns, the future council tax payers and the council. In addition we should be mindful that there are ever increasing pressure on local authority budgets, where tough choices must and are being made. It is more crucial than ever to work collaboratively with Mid Devon District Council and Devon County Council where possible, to ensure that our communities' needs are met, and that our shared resources are allocated wisely and effectively. It is important to remember that town and parish councils are not subject to the same limitations when increasing their council tax requirement, and the sector as a whole is finding that they are taking on additional services that were once delivered by other tiers of local authority in order to safeguard them.

Update 5 August 2024:

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

What is the upper limit of a Precept increase that the Lib Dem controlling majority will accept for 2024/25? See response to 2b. Refers to answers given following questions asked at Full Council 19 September 2023: "This is a question that CTC cannot answer but as all Liberal Democrat members have been copied in to this response they have the ability to respond directly."

Update 5 August 2024:

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

Given that many of Crediton’s residents are struggling to make ends meet, with the steep rising costs of morgages, rents and food costs, for example, and given that a parish/town council has no statutory responsibilities other than to hold one public meeting a year and to administer allotments, how will the town council – in particular its Liberal Democrat majority – justify an above-inflation increased in the town Precept for 2024/25? Whilst there are seven declared Liberal Democrat councillors on the council, we are not a political council. As explained in the Council Affairs and Finance Committee meeting all draft responses to public questions were going to be sent to all councillors and their opinions sought to provide a full response. It would be naive and unrealistic for all councillors to agree to every aspect of every agenda item - we are all human with undoubtedly different thoughts etc. So with that please refer to the response in which you asked about what leadership I would provide. If the majority of councillors determine that an above inflationary rise of the precept is required to deliver current services and creating/increasing reserves for future needs of a progressive council then the debate which preceded any such decision would include in it the justification.

Update 5 August 2024:

 

Topic deemed “closed”, but acknowledging our roles are unchanged and are well aware of the financial pressures many are still subject to.

Council Affairs & Finance
12 December 2023

All councillors produced or contributed to election leaflet setting out their pitch to be our elected representatives, but none mentioned whether they were in favour of raising taxes to pay for increased services: what mandate do councillors feel they have for another above-inflation rise? The mandate received is that they were elected to perform their role as a councillor. All councillors follow a Code of Conduct as you know and as such we do our best to represent local residents, work to develop better services and deliver local change. The public quite rightly have high expectations of us and entrust us to represent Crediton taking decisions fairly, openly and transparently. 

Update 5 August 2024:

 

Topic deemed “closed”, but acknowledging our roles are unchanged and are well aware of the financial pressures many are still subject to.

Council Affairs & Finance
12 December 2023

What did the town council learn from members of the public attending the three budgeting workshops organized by the town clerk? The members of the public that attended the events listened and questioned and provided views and comments, all collated and issued with the agenda pack for the Council Affairs and Finance meeting.

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

How many hours of staff time were spent organizing and attending these events?  

Whilst not recorded at the time it would be reasonable to assume that around 20-25 hours of staff time were invested.

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

How many different members of the public in total attended, and does the council feel that it was a valuable exercise? At least fifteen different members of the public participated and we feel that it was a useful exercise in both explaining the precept, the various layers of government locally as well as receiving feedback on what they consider important and what rise of precept, if any, they felt would be acceptable.

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

Is it true that a majority of those attending only knew about the events through an Independents for Crediton leaflet distributed to all households in the town? Not based on the feedback that was received during the meetings - the council Facebook page and Courier were mentioned specifically. 

Update 5 August 2024:

 

Topic deemed “closed”.

Council Affairs & Finance
12 December 2023

The town clerk states that it is 'clearly stated' that the  venues advertised on the council's website for council meetings - including this one - may be different to that posted on the Calendar. It is not 'clearly stated'. It would not occur to a normal person wishing to identify the venue for a meeting to distrust the  venue indicated against the date and committee meeting listed. It is not acceptable to publish a disclaimer in the the top corner, saying that the listed venue may be wrong and that everyone should check with what's written on the Agenda itself. Why does the council not instead correct the advertised venue?! Thanks for this. To avoid any possible confusion the venue for the meeting will be clearly identified on the agenda of each meeting and the meeting calendar will no longer show the location of the meeting.

Update 5 August 2024:

 

This topic is now considered as “closed” as the meeting calendar was updated as stated and this has continued into the 24/25 meeting calendar.