Hanworth Parish Council Data Protection Policy

 

Purpose of the policy and background to Data Protection

This policy explains to councillors, staff and the public about data protection. Personal data must be processed lawfully, fairly and transparently; collected for specified, explicit and legitimate purposes; be adequate, relevant and limited to what is necessary for processing; be accurate and kept up to date; be kept only for as long as is necessary for processing and be processed in a manner that ensures its security. This policy explains the duties and responsibilities of the council and it identifies the means by which the council will meet its obligations.

Identifying the roles and minimising risk

Data protection legislation requires that everyone within the council understands the implications and that roles and duties are assigned. The Council is the data controller and the clerk is the data processor. It is the Clerk’s duty to undertake an information audit, manage the information collected by the council, issue privacy statements, deal with requests and complaints raised and arrange for the safe disposal of information.

Data protection legislation requires continued care by everyone within the council, councillors and staff, in the sharing of information about individuals, whether as a hard copy or electronically. A breach of the regulations could result in the council facing a fine from the Information Commissioner’s Office (ICO) for the breach itself and to compensate the individual(s) who could be adversely affected. Therefore, the handling of information is seen as high / medium risk to the council (both financially and reputationally) and one which will be included in the risk assessments of the council. Such risk can be minimised by undertaking an information audit, issuing privacy statements, maintaining privacy impact assessments (an audit of potential data protection risks with new projects), minimising who holds data protected information and the council undertaking training in data protection awareness.

Data breaches

The Clerk will investigate data breaches. Investigations will be undertaken within one month of the report of a breach and the details and findings will be reported to the full council. Procedures are in place to detect, report and investigate a personal data breach. The ICO will be advised of a breach (within 3 days) where it is likely to result in a risk to the rights and freedoms of individuals – if, for example, it could result in discrimination, damage to reputation, financial loss, loss of confidentiality, or any other significant economic or social disadvantage. Where a breach is likely to result in a high risk to the rights and freedoms of individuals, the clerk will also notify those concerned directly.

It is unacceptable for non-authorised users to access IT using employees’ log-in passwords or to use equipment while logged on. It is unacceptable for employees, volunteers and councillors to use IT in any way that may cause problems for the Council, for example the discussion of internal council matters on social media sites could result in reputational damage for the Council and to individuals.

 

Privacy Statement and Privacy Notices

Being transparent and providing accessible information to individuals about how the Council uses personal data is a key element of the data protection legislation. The most common way to provide this information is in a privacy statement. This statement informs individuals about what the council does with their personal information, how it will be circulated to and between councillors and their legal rights

 

Privacy notices will be used from time-to-time when data is collected for specific purposes e.g. allotment holders. The notice will contain the name and contact details of the data controller, the purpose for which the data is to be used and the length of time it will be retained. It will be written clearly and will advise the individual that they can, at any time, withdraw their agreement for the use of this data (if applicable). Issuing of a privacy notice will be detailed on the Information Audit kept by the council. The council will adopt a privacy notice to use, although some changes could be needed depending on the situation, for example where children are involved. Where consent is being relied on as the lawful basis for processing the data, privacy notices must contain a positive opt-in and be verifiable.

Information Audit

The Clerk will undertake an information audit which details the personal data held, where it came from, the purpose for holding that information and with whom the council will share that information. This will include information held electronically or as a hard copy. Information held could change from year to year with different activities, and so the information audit will be reviewed at least annually or when the council undertakes a new activity. The information audit review will be conducted ahead of the review of this policy and the reviews will be minuted.

Individuals’ Rights

Data protection legislation gives individuals rights:

• the right to be informed
• the right of access
• the right to rectification
• the right to erasure
• the right to restrict processing
• right to data portability
• the right to object
• the right not to be subject to automated decision-making including profiling.

 

If a request is received to delete information, then the Clerk must respond to this request within a month. The Clerk has the delegated authority from the Council to delete information.

 

If a request is considered to be manifestly unfounded then the request could be refused, or a charge may apply. The Council will be informed of such requests and will determine the charge.

 

Children

There is special protection for the personal data of a child. The age when a child can give their own consent is 13. If the council requires consent from young people under 13, the council must obtain a parent or guardian’s consent in order to process the personal data lawfully. Consent forms for children aged 13 plus, must be written in language that they will understand.

 

Summary

The main actions arising from this policy are:

• The Council must be registered with the ICO.
• A copy of this policy will be available on the Council’s website.
• An information audit will be conducted and reviewed at least annually or when projects and services change.
• A privacy statement will be available on the council’s website and reference to it will be made in all emails sent from the council’s email address.
• Privacy notices will be issued where appropriate.
• Data Protection will be included in the Council’s risk assessment.
• The full council manages the process.

 

This policy document is written with current information and advice. It will be reviewed at least annually or when further advice is issued by the ICO.

All employees, volunteers and councillors are always expected to comply with this policy to protect privacy, confidentiality and the interests of the Council.

 

 

Reviewed…May 2022………………….

 

For review …May 2023…………………

 

 

STANDINg
ORDERS

MAY 2022

 

 

 

 

 

 

 

PARISH CLERK

Hanworth Parish Council | Norfolk

 

Model Standing Orders 

How to use model standing orders

Standing orders are the written rules of a local council. They are used to confirm a council’s internal organisational, administrative and procurement procedures and procedural matters for meetings. They are not the same as the policies of a council, but they may refer to them.

A local council must have standing orders for the procurement of contracts.

Meetings of full council, councillors, the Responsible Financial Officer and Proper Officer are subject to many statutory requirements. A council should have standing orders to confirm those statutory requirements. A council should have standing orders to control the number, place, quorum, notices and other procedures for committee and sub-committee meetings because these are subject to fewer statutory requirements. If it does not, committees and sub-committees may adopt their own standing orders.

Model standing orders that are in bold type contain statutory requirements. It is recommended that councils adopt them without changing them. Other model standing orders not in bold are designed to help councils operate effectively but do not contain statutory requirements so they may be adopted as drafted or amended to suit a council’s needs. For convenience, the word “councillor” is used in model standing orders and includes a non-councillor with or without voting rights unless otherwise stated.

A model standing order that includes brackets like this ‘(   )’ requires information to be inserted by a council. A model standing order that includes the term ‘OR’ provides alternative options for a council to choose from when determining standing orders.

The model standing orders do not include model financial regulations. Financial regulations are standing orders to regulate and control the financial affairs and accounting procedures of a local council. The financial regulations, as opposed to the standing orders of a council, include most of the requirements relevant to the Responsible Financial Officer.

Model financial regulations are available to councils in membership of the National Association of Local Councils (NALC) or One Voice Wales (OVW).

1. Meetings generally

Colour Code:          Mandatory for full Council meetings

Mandatory for committee meetings

Mandatory for sub-committee meetings

1. a) Meetings shall not take place in premises which at the time of the meeting are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost
2. b) The minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning
3. c) The minimum three clear days public notice for a meeting does not include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice
   The minimum three clear days public notice of a meeting does not include the day on which the notice was issued or the day of the meeting
4. d) Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion
5. e) Members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda
6. f) Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is permitted unless the press and public are excluded from part of a meeting
7. g) The press shall be provided with reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present
8. h) Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman of the Council may in his absence be done by, to or before the Vice-Chairman of the Council (if any)
9. i) The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting
10. j) Subject to a meeting being quorate, all questions at a meeting shall be decided by a majority of the councillors or councillors with voting rights present and voting
11. k) The chairman of a meeting may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote
    See standing orders 2(i) and (j) below for the different rules that apply in the election of the Chairman of the Council at the annual meeting of the council.
12. l) Unless standing orders provide otherwise, voting on a question shall be by a show of hands. At the request of a councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question
    Such a request shall be made before moving on to the next item of business on the agenda.
13. m) The minutes of a meeting shall include an accurate record of the following:
14. i) the time and place of the meeting
15. ii) the names of the councillors present and absent

iii)     interests that have been declared by councillors and non-councillors with voting rights;

1. iv) whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered;
2. v) if there was a public participation session; and
3. vi) the resolutions made.
4. n) (England) A councillor or a non-councillor with voting rights who has a disclosable pecuniary interest or another interest as set out in the council’s code of conduct in a matter being considered at a meeting is subject to statutory limitations or restrictions under the code on his right to participate and vote on that matter
5. o) No business may be transacted at a meeting unless at least one-third of the whole number of members of the council are present and in no case shall the quorum of a meeting be less than three
6. p) If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be closed. The business on the agenda for the meeting shall be adjourned to another meeting.
7. q) A meeting shall not exceed a period of 3
8. r) Meetings will, ordinarily, be held in the Village Hall.
9. Ordinary council meetings
10. a) In an election year, the annual meeting of the council shall be held on or within 14 days following the day on which the new councillors elected take office
11. b) In a year which is not an election year, the annual meeting of a council shall be held on such day in May as the council may direct.
12. c) If no other time is fixed, the annual meeting of the council shall take place at 7pm.
13. d) (England) In addition to the annual meeting of the council, at least three other ordinary meetings shall be held in each year on such dates and times as the council directs.
14. e) The first business conducted at the annual meeting of the council shall be the election of the Chairman and Vice-Chairman (if any) of the Council.
15. f) The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the council.
16. g) The Vice-Chairman of the Council, if any, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the council.
17. h) In an election year, if the current Chairman of the Council has not been re-elected as a member of the council, he shall preside at the meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but must give a casting vote in the case of an equality of votes.
18. i) In an election year, if the current Chairman of the Council has been re-elected as a member of the council, he shall preside at the meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and must give a casting vote in the case of an equality of votes.
19. j) Following the election of the Chairman of the Council and Vice-Chairman (if any) of the Council at the annual meeting of the council, the business of the annual meeting shall include:
20. i) In an election year, delivery by the Chairman of the Council and councillors of their acceptance of office forms unless the council resolves for this to be done at a later date. In a year which is not an election year, delivery by the Chairman of the Council of his acceptance of office form unless the council resolves for this to be done at a later date;
21. ii) Confirmation of the accuracy of the minutes of the last meeting of the council;

iii)     Review and adoption of appropriate standing orders and financial regulations;

1. iv) Review of inventory of assets;
2. v) Confirmation of arrangements for insurance cover in respect of all insured risks.
3. Extraordinary meetings of the council, committees and sub-committees
4. a) The Chairman of the Council may convene an extraordinary meeting of the council at any time.
5. b) If the Chairman of the Council does not or refuses to call an extraordinary meeting of the council within seven days of having been requested in writing to do so by two councillors, any two councillors may convene an extraordinary meeting of the council. The public notice giving the time, place and agenda for such a meeting must be signed by the two councillors.
6. Previous resolutions
7. a) A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least three councillors to be given to the Proper Officer.
8. b) When a motion moved pursuant to standing order 4(a) above has been disposed of, no similar motion may be moved within a further six months.
9. Voting on appointments
10. a) Where more than two persons have been nominated for a position to be filled by the council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable by the chairman of the meeting.
11. Motions at a meeting that do not require written notice
12. a) The following motions may be moved at a meeting without written notice to the Proper Officer;
13. i) to correct an inaccuracy in the draft minutes of a meeting;
14. ii) to move to a vote;

iii)   to defer consideration of a motion;

1. iv) to appoint a person to preside at a meeting;
2. v) to change the order of business on the agenda;
3. vi) to proceed to the next business on the agenda;

vii)  to require a written report;

viii)   to exclude the press and public from a meeting in respect of confidential or sensitive information which is prejudicial to the public interest;

1. ix) to exclude a councillor or member of the public for disorderly conduct;
2. x) to temporarily suspend the meeting;
3. xi) to suspend a particular standing order (unless it reflects mandatory statutory requirements);

xii)  to adjourn the meeting; or

xiii)   to close a meeting.

7. Handling confidential or sensitive information
8. a) Councillors and staff shall not disclose confidential or sensitive information which for special reasons would not be in the public interest.
9. Code of conduct and dispensations
10. b) All councillors shall observe the code of conduct adopted by the council.
11. Code of conduct complaints
12. a) Upon notification by the District OR County Council that it is dealing with a complaint that a councillor or non-councillor with voting rights has breached the council’s code of conduct, the Proper Officer shall, subject to standing order 7 above, report this to the council.
13. b) Where the notification in standing order 9(a) above relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairman of Council of this fact, and the Chairman shall nominate another staff member to assume the duties of the Proper Officer in relation to the complaint until it has been determined and the council has agreed what action, if any, to take in accordance with standing order 9(d) below].
14. c) The council may:
15. i) provide information or evidence where such disclosure is necessary to progress an investigation of the complaint or is required by law;
16. ii) seek information relevant to the complaint from the person or body with statutory responsibility for investigation of the matter;
17. d) Upon notification by the District or County Council that a councillor or non-councillor with voting rights has breached the council’s code of conduct, the council shall consider what, if any, action to take against him. Such action excludes disqualification or suspension from office.
18. Proper Officer
19. a) The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated by the council to undertake the work of the Proper Officer when the Proper Officer is absent.
20. b) The Proper Officer shall:
21. i) at least three clear days before a meeting of the council, serve on councillors, a summons confirming the time, place and the agenda.
    See standing order 1(b) above for the meaning of clear days for a meeting of a full council.
22. ii) give public notice of the time, place and agenda at least three clear days before a meeting of the council.
    See standing order 1(b) above for the meaning of clear days for a meeting of a full council.

iii)     convene a meeting of full council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office;

1. iv) receive and retain copies of byelaws made by other local authorities;
2. v) retain acceptance of office forms from councillors;

vi      retain a copy of every councillor’s register of interests;

vii)    assist with responding to requests made under the Freedom of Information Act 2000 and General Data Protection Regulations 2018, in accordance with and subject to the council’s policies and procedures relating to the same;

viii)   receive and send general correspondence and notices on behalf of the council except where there is a resolution to the contrary;

1. ix) manage the organisation, storage of, access to and destruction of information held by the council in paper and electronic form;
2. x) arrange for legal deeds to be executed;
3. xi) arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be made by the council in accordance with the council’s financial regulations;

xii)    manage access to information about the council via the publication scheme;

11. Relations with the press/media
12. a) Responses to the press relating to matters discussed by the Parish Council shall be dealt with, in the first instance, by the Parish Clerk. The Chairman, and in their absence, the vice-chairman, are also authorised to give the views of the Council to the press on any non-confidential subject discussed by the Council.
13. b) Whenever possible, any information given to the press shall be given in writing so as not to leave interpretation open to misunderstanding and misreporting.
14. c) At no time shall the personal views of either members or officers of the Council be given to the press in a way which could be interpreted as a view of the Council as a whole.
15. Execution and sealing of legal deeds
16. a) A legal deed shall not be executed on behalf of the council unless authorised by a resolution.
17. b) Subject to standing order 12(a) above, any two councillors may sign, on behalf of the council, any deed required by law and the Proper Officer shall witness their signatures.

* * * * *

Accepted

These Standing Orders were agreed and adopted by full council on 4^th May 2022

These Standing Orders will be reviewed by full council in May 2023
(unless the law or the council’s activities requires that this be done sooner)

Hanworth Parish Council

Risk Management Policy

 

 

About the Council

Hanworth Parish Council is a small parish council as defined by the Local Audit and Accountability Act 2014.  The Council has varying activities and functions and is currently insured through Came & Company. The Insurance Policy is for a term of 1 year, and is due for renewal /05/2023.

 

The contact details for the insurers are:

 

Came & Company

Blenheim House

1-2 Bridge Street

Guildford GU1 4RY

 

 

The Clerk retains the insurance file and will deal with all matters relating to risk and insurance. This is detailed in the Clerk’s Job Description and supported by ‘Governance and Accountability 2019’. The Council supports the Clerk in this role by providing training opportunities. The Council agrees the Risk Management Policy which is reviewed every year.

 

 

 

Main Actions in relation to risk management

• The Asset Register is updated during the course of the year by the Clerk.
• Risk assessments (Health and Safety) are written and updated by the Clerk where appropriate, or another designated body. Copies of risk assessments are retained.
• Sites are inspected at least annually and records are retained.
• Play Areas are inspected weekly and an annual inspection must be carried out by an external qualified inspector. All inspections must be retained for at least 22 years.
• The Council reviews the Insurance Policy prior to renewal.
• Financial Risk Assessments are carried out by the Clerk / Responsible Financial Officer, as required.
• Documentation is kept safely and securely.
• The Council reviews its systems of Internal Control at least annually.

 

 

The Risks identified for the Council [Example below]:

 

Risks	Likelihood v Impact = Risk Rating	Mitigation	By what means	Action
Operational
Staff (Clerk)	High ·        Accident at work ·        Sickness ·        Terminates employment	Employer’s Liability in place Lone Worker’s Policy Adequate Working Balance Adequate Working Balance	Insurance Policy   Budgeted	Clerk and Council
Members of the public attending meetings	Low ·        Accident ·        Incident	Public Liability Insurance Visual Inspection – recorded Standing Orders in place	Insurance Policy Village Hall Chairman / Committee or Council	Clerk VH Chairman / Committee
SAM2 Speed watch volunteers	Medium ·        Roadside accident ·        Lifting heavy equipment	Risk Assessment and training for use of SAM2 provided Public Liability Insurance Asset Insurance	Westcotec Council £10 million Public Liability Insurance Policy Asset Register maintained and Insurers advised	Clerk arranged   Asset Register updated annually by Clerk
Contractors	Medium ·        Public accident	Public Liability Insurance Contractors own Public Liability	Insurance Policy Council and Contractor (£10 million)	Clerk
Risks	Likelihood v Impact = Risk Rating	Mitigation	By what means	Action
Financial
Cash flow and end of year balance	Medium	Budget prepared Budget Monitoring document provided to members Reserve funds allocated Fidelity Guarantee in place Internal Controls in place	Clerk / RFO       Insurance Policy Policies reviewed annually	Council to agree and review
Handling of cash	Medium	Two people designated to count and bank cash	Insurance cover for retention of cash	Council to agree and review
Audit challenges	Medium	Audit control policies in place and reviewed	Clerk / RFO	Council to agree and review
Data Protection	Medium	DPO appointed Clerk and Councillors trained Finance Committee has delegated power to manage the process Data Protection Policy adopted	Clerk / RFO Clerk / Councillors Finance Committee   Council	Council to agree and review

 

[Policy Document]

 

Date agreed: May 2022

 

Date to be reviewed: May 2023

(1 year from date of agreement)