There are growing concerns about the impact bullying, harassment and intimidation is having on councils, councillors and staff. The Civility and Respect Project has been founded and the first newsletter is now available for all in the sector.

The Civility and Respect Project was founded by the Civility and Respect Working Group, and is supported by representatives from across our sector including councils, county associations, NALC, the SLCC and One Voice Wales. The primary aim of the project is to coordinate a programme of work designed to promote civility and respect in public life, including good governance, positive debate and to support the well-being of councillors, officers and staff.

The Project team will keep you up to date with developments as the project progresses and the first newsletter is now available covering:

• The Civility and Respect Project Mission
• An overview of the project
• Anti-bullying petition
• LGA call for evidence regarding the abuse and intimidation of councillors

The newsletter also includes a bullying and harassment statement that can be used by councils and put on council websites, to state that bullying, harassment and intimidation will not be tolerated.

LGA survey on abuse and intimidation of councillors

NALC is supporting the Local Government Association (LGA) as they undertake a call for evidence to capture the experiences of councillors who are experiencing or have experienced abuse or intimidation from the public due to their elected role. Candidates who have run for election, officers who have supported candidates, councillors and members of the public are invited to share their reflections of abuse and intimidation suffered by candidates and councillors.

All responses will be treated confidentially. Information will be aggregated, and no individual or council will be identified in any publications without their consent. The survey will take between 10 to 15 minutes to complete and an overview of the questions is available below.

If you have any queries regarding the content of the consultation, please contact jessica.norman@local.gov.uk. For queries about completion of the survey, please contact helen.wilkinson@local.gov.uk.

The LGA have also launched a series of webinars to help support councillors’ personal safety. These events are funded by the UK Government and so are open to councillors from all councils, including town and parish.

Petition to introduce sanctions for serious breaches of the Code of Conduct

A parliamentary petition is calling for a change in the Localism Act 2011 for the re-introduction of sanctions to disqualify or suspend councillors for serious breaches of the Code of Conduct such as those who persistently engage in harassment and bullying. The petition deadline is 25th November.

Recent court case on harassment of council staff and councillors

In the case of Ashford Borough Council and Kerly v Fergus Wilson

EWHC 2542 (QB) the council sought a final anti-harassment injunction to protect staff, members and agents from a campaign of harassment and intimidation from the defendant, a local large-scale landlord. In July 2020 the High Court granted an interim injunction restraining the defendant from pursuing a course of conduct amounting to harassment under the Protection from Harassment Act 1997. Between February 2016 and July 2020, the council’s legal department recorded 454 pieces of correspondence from the defendant. The High Court judge found among other things that the defendant had engaged in a campaign of repetitive, frequent, oppressive and offensive correspondence with the claimants, which ignored reasoned responses from the council. The defendant’s correspondence included two suggestions that a councillor should commit suicide, numerous examples of personally offensive comments about appearance, unfounded accusations of criminal conduct and professional misconduct, and requests that councillors or employees should resign or be dismissed.

In the circumstances the judge was satisfied that the interim injunction should be continued and converted to a permanent injunction. Although the defendant’s conduct was deemed to be extraordinary and extreme and should not be considered as normal, councils experiencing serious apparent harassment of their officers and members might find the Ashford judgment to be useful.

As we approach bonfire and fireworks season, read up on official safety advice for handling fireworks, and some advice from Gallagher Insurance on running fireworks events.

Official safety guidance

The Office for Product Safety and Standards has published safety guidance on using fireworks responsibly which may be helpful for fireworks events. This includes a reminder to follow the Fireworks Code. Further safety tips from OPSS include:

• Only buy from licenced sellers. 
• Let off fireworks on traditional celebration dates and adhere to the fireworks curfew
• Follow the instructions
• Understand what fireworks you can use at home
• Be considerate to animals when letting off fireworks
• Keep pets safe

You can read the complete safety guidance here, please do share with your communities to help keep people safe. There are some downloadable resources available that you can use as social media posts or as posters.

Watch and share the firework safety video below!

Advice from Gallagher Insurance on fireworks events

Bonfire and fireworks events can be very popular but have the potential to cause damage and serious injury. If you wish to hold a bonfire event, you will need to ensure you follow safety guidelines, and minimise any potential risks to spectators and property. Here are some guidelines for managing risk at bonfires and fireworks events.

Fireworks

Where possible the display should be organised and operated by the manufacturer of the fireworks or a professional operator. When employing a contractor, you must obtain written confirmation that they have adequate Public and Employers’ Liability insurance. If is not possible to employ professionals, then a responsible adult from the organising committee should be given sole control of the storage and lighting of fireworks.

• Only use fireworks which comply with BS EN 14035.
• Wherever possible have at least one person with previous experience of organising firework displays.
• The display area should be at least 50 metres x 50 metres and an additional dropping zone of 100 metres x 50 metres for spent fireworks.
• Car parking areas should be sited well away from the display area and dropping zone. Keep vehicular entrances away from pedestrian access..
• Fireworks should be stored in a metal container and removed one at a time with the lid replaced each time.

Fireworks which fail to ignite should not be returned to the metal container and no attempt should be made to relight them.

• Fireworks should only be used in accordance with the manufacturer’s instructions.
• Fire extinguishers, buckets of water and sand, should be available close by.
• Crowds should be situated at a safe distance behind barriers and the wind direction taken into account when setting the display.

Bonfires

• Keep the bonfire well away from any fireworks display.
• The bonfire should be stable and checked to ensure that it will not fall to one side.
• Use firelighters instead of flammable liquids
• Bonfires should be kept to a manageable size and additional materials to be burnt kept at a safe distance away from the fire
• The bonfire should be under the control of a responsible adult, and one person should be in charge of all safety arrangements.
• Firefighting equipment should be quickly available
• Qualified first aiders with suitable equipment should attend all organised bonfires and firework displays.
• Water should be poured on the embers of the fire and the site should not be left until the bonfire is out and safe.

The Health & Safety Executive provides guidance on holding a fireworks event, which is a useful resource when planning an event. https://www.hse.gov.uk/explosives/fireworks/using.htm

Please note that firework and bonfire events must be organised in accordance with COVID-19 secure guidance and Government advice applicable at the time of the event.

Kevin Millard – Regional Representative for Devon, kevin_millard@ajg.com, 07458 124 847

The opinions and views expressed in the above articles are those of the author only and are for guidance purposes only. The authors disclaim any liability for reliance upon those opinions and would encourage readers to rely upon more than one source before making a decision based on the information.

Please tell us about the events happening in your community, we love to hear about events and to share what you’ve been up to!

Advice from Devon County Council on how to stay safe in the heat and help protect those most at risk.

It is important to stay safe in the heat; while most of us enjoy the sunshine, there are some health risks when it is too hot for too long. The Met Office has issued a Level 3 heatwave alert for Devon, which will be in force until 11.59pm on Thursday 22 July which means that temperatures are currently high enough to impact health.

Covid-19 may exacerbate the heatwave; those with organ damage following severe Covid-19 may be more vulnerable to the heat, and those suffering with an infection currently may be struggling with a fever. Many people across Devon are stuck at home in isolation where they may be finding it harder to stay cool.

Councils have a role to play helping their communities to stay safe in the heat of a heatwave. Devon County Council has issued a very important heatwave bulletin with top tips on staying safe in the heat and how to help those most at risk including:

• Stay hydrated; drink lots of water or eat food with high water content.
• Keep your home cool; draw curtains against the sun and keep air flowing through your home.
• Keep yourself cool; cold showers, cold cloths, using fans can all help.
• Stay safe outdoors; avoid the hottest part of the day (11am-3pm), apply sunscreen and wear a wide brimmed hat.

The bulletin also includes a message from Steve Brown, Director of Public Health Devon, who is urging residents to beat the heat and look out for the most vulnerable.

We did previously issue a newsletter with some advice on preparing for summer, and there is also some guidance on our website about the heatwave plan for England and how you can look after your communities at this time.

Whilst on the topic of keeping safe outdoors …

New guidance on managing public outdoor settings has been published by MHCLG considering the many restrictions that have now been lifted. The guidance includes key principles and other information that councils should consider to support the safe use of outdoor public places such as:

• Urban centres
• Green spaces
• Outdoor playgrounds
• Outdoor gyms
• Tourist hotspots (beaches, the countryside and coastal areas

This guidance replaces some previous MHCLG guidance on safer public places such as the advice on managing playgrounds, managing beaches and managing urban centres.

Our advice on council meetings and business following the easing of Covid-19 restrictions on Monday 19 July.

The easing of Covid-19 restrictions is taking place from Monday 19 July. While we may be looking forward to the ending of restrictions, please note that Devon’s Director of Public Health encouraged people to not put themselves at unnecessary risk.

We have had a number of queries from councils about how this may affect your council business and meetings. First of all, councils still have legal duties both as employers and as landowners. There is some advice below on how to manage those duties.

The ending of restrictions does not mean that Covid-19 ceases to be a health and safety consideration. Councils will still need to protect staff, members and the public by carrying out risk assessments and taking steps to mitigate hazards such as:

• Continuing with social distancing
• Keeping venues well ventilated
• Requesting the wearing of masks
• Providing hand sanitiser
• Minimising contact such as sharing paper, pens etc
• Where there have been significant local outbreaks, councils may want to consider postponing meetings or events.

While there will be no mandatory requirement to wear face coverings, venues may make it a contractual requirement for masks to be worn so you may need to check with your venue.

Since councils have a leadership role within the community, they have an important role to play in demonstrating the personal responsibility and caution urged by the government as cases continue to rise. NALC will be updating their guidance on the easing of restrictions within the coming days. You will find it here.

Managing staff

While staff are no longer required to work from home wherever possible, the government has also made it clear that they are not expecting all staff to return to work immediately so consider a careful approach to staff returning. Councils may want to work with their staff to ensure that they feel safe, maybe taking into account any suggestions made by staff. Risk assessments will need to be carried out in workplaces to ensure that they are safe.

Tozers LLP have provided some advice to our member councils, including how to handle requests for flexible working, on returning to work post-lockdown.

Managing council facilities

Came and Company Local Council Insurance have provided their advice to our member councils on how to manage council meetings and council-owned facilities as restrictions come to an end. Their advice highlights that councils will still need to consider the hazards associated with Covid-19 in their risk assessments and there are still steps you may need to take such as:

• Abiding by your duties under the Occupiers Liability Act by ensuring the premises are fit for purpose before each hire.
• Providing basic cleaning equipment along with explaining your expectations of the hirer.
• Establishing post-hire checks with additional cleaning between hires.
• Consulting with your insurer.

Read the advice here.

Six month rule

Just a reminder that councillors who have not attended a council meeting (including a committee or working group), or a meeting of another body at which they are representing the council, for six consecutive months will lose their seats unless a reason for their absence is approved by the council. This is an automatic process which applies even if no meetings have been held, and a reason for absence cannot be approved retrospectively.

Councils that have not met since the ending of remote meeting legislation at the beginning of May may want to ensure that they make arrangements to hold a physical meeting before the end of the six month period in order to prevent councillors losing their seats.

Government guidance

Guidance continues to be updated, ensure you are always looking at the most current guidance when making local decisions.  The following have recently been updated:

• What you can and can’t do
• Step 4 Roadmap
• Working Safely
• Events

Advice on opening up facilities as restrictions ease from Came & Company Local Council Insurance and the Risk Management Team at Arthur J Gallagher & Co.

Introduction and background

Came & Company Local Council Insurance have received a number of queries from town and parish councils with respect to opening up facilities as restrictions ease.

Insurers are experiencing an increase of claims being brought, in respect of COVID-19 infections, where the claimant is alleging that someone else has been negligent in some way and that resulted in them, the claimant, contracting the virus.

Whilst it is not possible to prevent a claim being brought in the first instance, as this the individual claimant’s right/prerogative, having a robust risk management approach that can be evidenced through your risk assessments and safe operating protocols will increase the likelihood that the claim can be defended.

This short briefing note provides some guidance as to the risk factors and mitigation that you will need to give consideration to in that risk assessment process, as you start to reopen facilities and move towards a more ‘business as usual’ outlook going forward.

Eased restrictions/rules

Whilst there may be what appear to be hard deadlines for the removal of ‘law based’ restrictions and rules, the Government has made it clear that best practice guidance designed to reduce the potential transmission of the COVID-19 virus will remain and, wherever practical, organisations and businesses should still factor these arrangements and mitigations into their risk assessments.

The need to consider the hazards associated with the COVID-19 virus, as part of your general risk assessment, is not waived immediately restrictions are lifted in the wider daily life context and, in fact, is likely to remain for the short to medium term future.

Council Meetings

One of the first matters you are likely to be considering, if not done already, is how to recommence ‘in person’ council meetings.

This should be considered using your COVID-19 risk assessment and we would strongly recommend maintaining:

• Minimal direct personal contact and a degree of social distancing, i.e. no handshaking or other physical greeting, 1m minimum social distancing where practical, including seating arrangements
• Wearing of facemasks/coverings when entering and leaving the room
• Provision of hand sanitising facilities at entrances and exits
• Cleaning materials available to wipe down surfaces before and after meetings
• Adequate ventilation through the room during the meeting

Hiring out of facilities

When hiring out your own facilities to third parties for events such as birthday parties, other organisation meetings, etc., you will need to review your hire agreements to reflect the roles and responsibilities of each party to the contract in light of the best practice guidance.

If you are the premises provider, owner or landlord;

• In discharging your duties under the Occupiers Liability Act(s) you will be expected to ensure the premises are fit for purpose/use before each hire, including making arrangements to present/hand them over to the individual or organisation hiring in a clean and hazard free condition.
• It would be prudent to provide basic cleaning equipment at the premises, e.g. wipes, disinfectant sprays and paper towels, together with instructions as to the expectations of the hirer in leaving the room(s)/facility in a clean and safe condition after use.
• Establish post hire checks, together with additional cleaning if required, before the next hire of the room(s)/facility.

If your organisation is hiring facilities from another, for the purpose of holding meetings etc., then the suggested mitigations outlined above work, in effect, in reverse. Engage with your landlord/hirer to agree each other’s roles and responsibilities in advance and ensure that you follow and implement the controls agreed.

This is just one guide available for free in the Resource Centre of Came & Company’s web site.

DALC’s Covid-19 advice can be found here and NALC’s Covid-19 advice is available here.

Kevin Millard – Regional Representative for Devon

Kevin.millard@cameandcompany.co.uk

Direct Tel. 01483 462 897

The opinions and views expressed in the above articles are those of the author only and are for guidance purposes only. The authors disclaim any liability for reliance upon those opinions and would encourage readers to rely upon more than one source before making a decision based on the information.