h. Delegations

S.101(1)(a) of the Local Government Act 1972 allows a council to arrange for the discharge of any of their functions by a committee, a sub-committee or an officer of the council.

Certain statutory functions can only be performed by the council, including setting the precept, approving the council’s annual accounts, and adopting the council’s code of conduct.  

When a delegation is made to a staff member, they carry out the Council’s statutory powers or functions on its behalf. However, legal responsibility for these powers and functions remains with the Council.

Any complaint regarding matters delegated to staff should be treated as a complaint against the Council as a whole, rather than against the individual staff member.

Delegating statutory responsibilities to staff does not prevent the Council from carrying out those responsibilities itself, as provided under s.101(4) of the Local Government Act 1972.

A council may, for instance, delegate to staff the responsibility for organising a local fete. In doing so, the council would allocate a budget for the task, ensuring that any expenditure follows proper practices and adheres to standing orders and/or financial regulations. Additionally, a council may delegate administrative responsibilities to staff, such as ensuring compliance with the Freedom of Information Act 2000 or granting dispensations to councillors.

However, any delegation of responsibilities to staff must be formally approved through a resolution passed at a council meeting.