Information to run Community Councils Effectively
Running successful meetings
Meetings Best Practice |
Pre Meeting
|
Public Meetings
(apart from co-option votes) are allowed to vote. The Chairperson has a casting as well as a deliberative vote. |
Post Meeting
|
|
Pre Meeting
Agenda page 23; Meeting Minutes page 25) |
Meeting
|
Post Meeting
|
Sub Committees Best PracticeCommunity Councils have the power to set up sub groups or sub committees to carry out specified pieces of work. It is the duty of the full Community Council to determine membership, terms of reference, duties, duration and powers. It is important that all Community Councillors are aware of these decisions. |
Community Council should decide:
The Community Council should ensure that:
|
Policies and Procedures
To ensure the ongoing smooth running of the Community Council and to protect Community Councillors it is recommended that all Community Councils adopt appropriate policies and procedures. Each Community Council will have different needs, but some suggestions are:
- Equalities and Community Council
- Data Protection
- Communication and Social Media Policy
- Risk Assessment
- Health and Safety
Equalities and Community Councils
The Equality Act 2010 covers:
- Age
- Disability
- Sexual orientation
- Marriage and civil partnership
- Religion and belief
- Pregnancy and maternity
- Sex
- Race
- Gender re-assignment
As the main purpose of a Community Council is to find out the views of their community and clearly express them, Community Councils therefore have both a duty and responsibility to ensure that they represent all within their community irrespective of race, disability, gender, age, sexual orientation, religion and/or belief. Every Community Councillor has the responsibility of ensuring that groups or individuals are not discriminated against. Equality is not about treating everyone the same but ensuring that everyone has the same access to opportunities.
How Community Councils can help promote equalities in their areas?
- Find out about the makeup of the area - how many people of different races, with disabilities or of different genders live in the area.
- Make sure that any advertising is accessible to all, and that meetings take place in accessible buildings at times that suit everyone.
- Try to engage ‘hard-to reach’ groups - help to do this is available from your Community Council worker or your local Council for Voluntary Service.
- Run local events in partnership with local ethnic groups, disability and other community groups.
- Always consult about how any plans would affect all members of the community.
- Act in an inclusive manner when inviting speakers from ethnic, disability and community groups to discuss difficulties they are experiencing in the community with the Community Council.
- Make it clear that the Community Council will not support any discrimination, harassment or victimisation.
Data Protection
Introduction
The Data Protection Act 1998 governs the use of personal data. It imposes important obligations on any persons or organisations, including Community Councils, which acquire, store, use or deal with personal data either electronically or within certain paper records. Whilst failure to comply with the Act’s requirements can have serious legal consequences, Community Councillors should be reassured that most breaches are likely to simply require remedial action to be undertaken and would not be deemed to be criminal offences.
Personal Data and Sensitive Personal Data
- Special rules govern the processing of sensitive personal information;
- “Personal data” means any information by which it is possible to identify a living individual (referred to in the Act as a “data subject”). Information on individuals who have died, or on companies or other corporate bodies, is not personal data;
- “Sensitive personal data” means information regarding such things as an individual’s racial or ethnic origin, political or religious beliefs, physical or mental health, sexual life and commission of a criminal offence. Special rules apply to sensitive personal data and Community Councils should seek advice if they hold any sensitive personal data (other than that which is in the public domain such as the political affiliation of local elected members or the denominations of clergy);
- The Act regulates the processing of personal data. “Processing” means acquiring data, storing it, amending or augmenting it, disclosing it to third parties, deleting it – i.e. doing anything with it at all. An individual or organisation which processes personal data is known as the “data controller”;
- The Act applies to personal data which is held in any kind of storage system, whether electronic or manual.
The Data Protection Principles
The Act sets out some basic rules regarding processing personal data, known as the Data Protection Principles. These include:
- Data must be processed fairly and lawfully;
- Data must be obtained for one or more specified and lawful purposes, and must not be processed in any manner incompatible with those purposes;
- Data must be adequate, relevant and not excessive;
- Data must be accurate and kept up to date;
- Data must not be kept longer than necessary;
- Data must be processed in accordance with the data subject’s rights; and
- Appropriate technical and organisational measures must be taken against the data’s unauthorised or unlawful use and their accidental loss, damage or destruction
Data Protection
The Act gives important rights to data subjects, including the right:
- to be informed that their personal data is being processed by the data controller;
- to be given access to their personal data;
- to require their personal data not to be used for direct marketing purposes; and
- to require the data controller to stop any processing of their personal data which is causing substantial and unwarranted damage or distress.
Contravention of the Act
- A breach of the Data Protection Principles is not a criminal offence in itself although this may change in the near future. Current offences include the unlawful obtaining, disclosing or selling of information, a failure to follow a Notice from the Commissioner and the failure to notify the Commissioner of processing which takes place. These offences are punishable by the payment of a fine.
- Compensation may be payable to any person who suffers damage and distress as a result of a contravention of the Act. Such compensation is awarded by the Court.
- The Commissioner publishes detailed guidance on various aspects of the Act on his website at www.ico.gov.uk.
- Advice can also be obtained from the ICO’s Scottish office in Edinburgh at Scotland@ico.gsi.gov.uk or 0131 301 5071 (The Information Commissioner should not be confused with the Scottish Information Commissioner, who enforces the Freedom of Information (Scotland) Act 2002.)
Complying with the Data Protection Act
Community councils must comply with the Data Protection Act because they process personal data as defined under the Act. For example, it is likely that the Secretary of
Community Councils will hold electronic records of contact details of its members, of some local residents and of elected members or employees of the local authority.
These may be within databases, minutes of meetings or in correspondence, in order to comply with the Act, Community Councils should take the following steps:
- Nominate someone (e.g. the Secretary) as the person responsible for data protection;
- If collecting personal data from individuals, you should explain the purpose for which the data is being collected as well as giving them the name of the Community Council and the name of the person nominated as being responsible for data protection;
- Ensure that personal data are properly protected – if data are stored electronically, ensure that they are password-protected and (in sensitive cases) encrypted. If they are stored manually (e.g. a paper filing system), ensure that the files are kept in a secure place;
- Ensure that personal data are never disclosed to any unauthorised third party, whether accidentally or on purpose. Do not discuss personal issues in public or leave papers or computer files unsecured at home;
- Periodically review the personal data that are held, making sure that they remain accurate and up to date - where necessary dispose of or shred data that are no longer needed;
Health and Safety
Community Councils have a responsibility to ensure that they protect themselves and members of the public when undertaking duties relating to their role. Community Councillors are encouraged to ensure that meetings take place in safe and secure environments and any hazards are dealt with appropriately. They should also ensure the members of the public are aware of fire exits and Community Councillors are aware of how to deal with and report accidents or incidents. When putting on events or carrying out projects eg litter picks, Community Councillors should ensure that they have carried out a risk assessment.
Meeting Room and Layout
Community Council meetings are open to the public and as such provision should be made within a Community Council agenda for “questions from the floor” and also for a public gallery within the meeting venue.
Model Scheme Documents 2023
Community Councils are the most local tier of statutory representation in Scotland. They bridge the gap between local authorities and communities, and help to make public bodies aware of the opinions and needs of the communities they represent. There are around 1,200 active Community Councils in Scotland.
Local authorities have statutory oversight of Community Councils and are required by statute to consult Community Councils about planning applications and licencing matters.
The existing Model Scheme for the Establishment of Community Councils and associated documents (model constitution, model standing orders, code of conduct and good practice guidance) were last updated by Scottish Government in 2009. The documents were created to support local authorities to develop their own local variations of the Model Scheme document.
During the pandemic, as more Community Councils embraced virtual meetings and used other technologies to reach out to their wider communities, it became increasingly clear that these documents were no longer fit for purpose and needed to be reviewed and updated.
The Improvement Service (IS) engaged with Community Council Liaison Officers (CCLOs) from local authorities across Scotland and held a series of online workshops throughout 2021-22 with a working group consisting of CCLOs and community councillors from some of the federations and forums of Community Councils currently in existence. Input was also provided by staff from the Scottish Government, Convention of Scottish Local Authorities (COSLA) and the Scottish Community Development Centre (SCDC).
This section of the Scottish Community Councils website hosts the updated Model Scheme document and associated documents in easy read, large print, Gaelic, BSL and audio versions.
This guidance is endorsed by the Scottish Government jointly with the Convention of Scottish Local Authorities (COSLA) and the Improvement Service. It is available for adoption by local authorities across Scotland should they choose to do so. We recognise each local authority has its own variation of the model scheme and guidance, and these documents can be adopted in part or in full as dictated by local requirements. If you have any questions about your local Model Scheme or how Community Councils are managed in your area, please contact your local authority's CCLO.
Please click the below link for more informationhttps://www.communitycouncils.scot/what-is-a-community-council/model-scheme-documents-2023