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EAST BERGHOLT PARISH COUNCIL

MINUTES OF THE EXTRAORDINARY MEETING OF THE STRATEGY, POLICY AND FINANCE
COMMITTEE

28 September 2023

Present – Parish Councillors
Councillor R Elmer (Chairman)
Councillor M Hockley
Councillor J Miller
Councillor N Roberts
Councillor G Woodcock

In Attendance
G White, Parish Clerk
T Brigden

OPEN PUBLIC SESSION

Mr Brigden referred to the election leaflet which had been circulated in the parish. He said he was making
an objection to the Ombudsman about pre-election activities.

He sought clarification as to what had occurred in the Parish Council. He said that at the January meeting
the Chairman of the Council had referred to an election item but that the minutes gave no information on
the Chairman’s report. He stated that in the March minutes there was reference to the Parish Council
favouring an information sheet. An election leaflet emerged in early April. By what means was the decision
to publish that leaflet made.

Councillor Miller replied that the Parish Council had sought advice upon publishing an information sheet
and had been advised that such a document would not comply with legal constraints. No further action
was taken by the Parish Council.

Councillor Roberts said that following the foregoing, candidates standing independently compiled a leaflet
containing pen portraits for which they paid for the printing and distribution. The Parish Council had no
involvement.

1. APOLOGIES FOR ABSENCE
Apologies for absence from Councillors Davies and Hurley were NOTED.

2. DECLARATION OF INTERESTS
None.

3. COMPLAINT
The Chairman read out the procedure for consideration of a complaint as specified in the Council’s
Complaints Policy/Procedure which would be followed strictly.

The Chairman introduced the complaint by Mr Brigden set out in the documents accompanying the
agenda which concerned the accumulation of reserves which Mr Brigden considered to be excessive
and that there had been no public disclosure of the project for which it appeared that the reserves
were being held.

Mr Brigden was invited to address the Committee. He said that his complaint concerned the retention
of reserves without proper notice and community communication. He considered that there had been a
failure of transparency and communication and a failure in the precept process. Further that the

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Council did not hold a schedule of reserves which it should do having been so advised by the internal
auditor two years ago.

The Parish Clerk was invited to explain the Council’s position. He said that the acquisition of the
Congregational Church had been treated confidentially by the Council to respect the confidentiality of
the Church Deacons until such time as it was publicly disclosed whereafter all consideration had taken
place in open session of the Council. At the moment the Council had no firm proposals from the
Church over which to consult the village but would do so when such proposals had been made. The
Council held ring-fenced reserves for the CIL Parish fund but had no reserves specifically earmarked
for any purpose, just general unallocated reserves which were available for future projects in the public
interest. Reference to earmarked reserves in the Council minutes of January 2023 was made in error.
It was entirely lawful for the Council to hold a reserve fund.

In the absence of any further remarks by either party, the Complainant and the Clerk were asked to
leave the meeting to enable the Committee to reach a decision upon the complaint and in due course
were invited to rejoin the meeting to hear the Committee’s decision.

The Chairman stated that the complaint by Mr Brigden was not upheld by the Committee for the
following reasons:

1. There was no failure by the Council over communication with the village in respect of the
Congregational Church. At this point in time there is no firm proposal from the owners of the
Congregational Church and therefore there has been and continues to be nothing upon which to
consult. Consultation will take place when there is a proposal upon which to consult.

2. The Council does not hold reserves earmarked for the acquisition or development for community
purposes of the Congregational Church. All reserves are either ring-fenced (Parish CIL fund) or
general unallocated reserves.

3. In 2020/21 the Internal Auditor suggested that the Council should consider the overall reserves
level. There was no mention of unlawful or inappropriate action by the Council. There was no
External Audit comment on the reserves.

4. The level of reserves was declared during the 2022/23 audit process and did not attract any
adverse comment from Internal or External Auditors.

5. It is lawful for the Council to hold a reserve fund and the Committee considers that the Council
holds an appropriate sum to meet the ambitions of the village. When a project emerges which
requires funding from reserves, the Council will review the reserve fund and allocate or earmark
reserves as appropriate. The Council will review the need to have a policy on reserves.

6. At its meeting in January 2024 the Council will determine the precept for 2024/25 and in so doing
will consider the level of reserves it wishes to retain. There is no legal obligation to offset the
precept by use of unused reserves.

Chairman…………………………………………………………………………………….Date……………………………………….